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ILR spouse problem at PEO is it a risk

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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iblake
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ILR spouse problem at PEO is it a risk

Post by iblake » Sun Jan 26, 2014 10:02 am

Hello,

I am applying for ILR for my wife. We are planning to apply via PEO however I have been told that at the PEO the Case Workers can interview the applicant and the sponsor separately and can ask questions about each other and then reject the application on that basis, so there is an added risk.

Also, do I need to submit 6 months of bank statements or would the previous 3 months be sufficient? I have phoned up a few places and I have been told conflicting things. The SET M form says it needs to be atleast 3 months

I have also been told I need to take my yearly mortgage statement and I cannot find it. I have bank statements showing my mortgage payments but it will take 2 weeks to get the mortgage statement and i don't have that much time.

If we do apply via post and the documents get lost, what happens? I have taken photocopies is there anything else i can do.

Also, if my wife's ILR is refused would she have a right of appeal. We are expecting a baby so should she appeal on the basis of human rights?

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Casa
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Re: ILR spouse problem at PEO is it a risk

Post by Casa » Sun Jan 26, 2014 3:33 pm

Firstly, there is no interview. Documents are simply checked for validity and if everything is in order the application is approved on the same day.
3 months bank statements.
No need for a yearly mortgage statement. Your bank statements will show your outgoings.
If you decide to apply by post and are really concerned about the documents being lost, send the application by registered post, which is more secure.
Yes, your wife would have the right of appeal if refused, but I'm sure you're worrying unnecessarily.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

pinkpop
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Re: ILR spouse problem at PEO is it a risk

Post by pinkpop » Sun Jan 26, 2014 3:48 pm

As far as i know an applicant has been asked for few questions at peo for her spouse to ilr, as case work not satisfied her english therefor an interview has been issued for late to check her english level wether meet the b1 level. She also stating that a solicitor went to peo with her but asked to srand her side and do not allow to answer or translate for his client.
It happened two weeks ago.

iblake
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Re: ILR spouse problem at PEO is it a risk

Post by iblake » Sun Jan 26, 2014 6:19 pm

I didn't realise this was the case, how often would the PEO undertake an interview? Is it automatic?

pinkpop
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Re: ILR spouse problem at PEO is it a risk

Post by pinkpop » Sun Jan 26, 2014 7:06 pm

iblake wrote:I didn't realise this was the case, how often would the PEO undertake an interview? Is it automatic?
Not sure but it did happen, you should not be worried about this if all requirements met.

the case i have mentioned early i think it only because when the applicant can not answer or can not understand the simple question asked by case worker.

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Casa
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Re: ILR spouse problem at PEO is it a risk

Post by Casa » Sun Jan 26, 2014 7:28 pm

Where pinkpop wrote 'an interview has been issued for late' I believe this was meant as 'an interview has been issued for later'. There will be no interview on the day. The caseworkers at the PEO don't have the level of authority to deal with any matters which aren't straightforward. Any application which needs further investigation would be passed to a senior case worker to be dealt with later as a postal application...but at the premium fee.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

iblake
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Re: ILR spouse problem at PEO is it a risk

Post by iblake » Sun Jan 26, 2014 9:55 pm

so would you get a refund if they have to do further investigation?

Reading on here it seems that sometimes instead of ILR the UKBA gives another 2 years residency and you have to apply for ILR after another 2 years. My wife and I def do not want this, we want this headache over and done with. If they do not offer ILR but instead give us another 2 years can we appeal the decision?

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Casa
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Re: ILR spouse problem at PEO is it a risk

Post by Casa » Sun Jan 26, 2014 10:10 pm

No you don't get a refund. What's worrying you about your wife's application?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

iblake
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Re: ILR spouse problem at PEO is it a risk

Post by iblake » Sun Jan 26, 2014 11:23 pm

I am worried about the letters as proof of cohabitation. :(

I have for joint letters
4 statements from our bank
2 bills from Southern Electric
1 council bill

Will this be enough? I have a nagging feeling that something will go wrong?
Nothing, other than the nagging worry that something may go wrong. My wife came here in Nov 2011 so its under the old rules. I have a job, earn £22,400 pa and have a 4k in savings but still wondering if something will go wrong

ScopeD
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Re: ILR spouse problem at PEO is it a risk

Post by ScopeD » Mon Jan 27, 2014 10:27 am

iblake wrote:I am worried about the letters as proof of cohabitation. :(

I have for joint letters
4 statements from our bank
2 bills from Southern Electric
1 council bill

Will this be enough? I have a nagging feeling that something will go wrong?
Nothing, other than the nagging worry that something may go wrong. My wife came here in Nov 2011 so its under the old rules. I have a job, earn £22,400 pa and have a 4k in savings but still wondering if something will go wrong
Ok, i think you just need to calm yourself down a little here. If the proof you provide is reasonable enough to prove that the two of you are in a subsisting relationship, and if you are indeed in a subsisting relationship, then you shouldn't worry. Do you have a marriage certificate? Presumably when you last extended your stay, the two of you received Home Office letters which had the same address??? The letters you have provided are alright (and hopefully the dates of the letters are spread across the period in question). Nothing to worry about, methinks.

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Casa
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Re: ILR spouse problem at PEO is it a risk

Post by Casa » Mon Jan 27, 2014 1:15 pm

As ScopeD as said, are the documents spread out evenly over the full 2 years? You can also submit proof of joint address in single names.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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