Help with ILR Application for old WP holder

[krishnais]

Hello All,

To give a little bit of background about myself, I have been on work permit (Old style) from January 2007. I moved to a new company in July 2007 (Still on old style WP).

I got married in December 2011. My wife got her WP dependant visa issued in January 2012 and she has come to the UK (for the first time) on 31/03/12.

Now, I have my ILR appointment booked in Sheffield on April 16th.

I have her included in my ILR application as a dependant (Thanks to the advice by Greenie, I understood that the two year cohabitation is not a requirement for dependants of old style (non PBS) workpermit holders)

But in the limited time she has been here, I have got some proof of cohabitation that includes letter from the council, polling cards and last weeks bank statement with my wife's name confirming that my bank account has been made a joint bank account.

Here are the list of documents I intend to carry with me. Can you kindly advise if I have covered everything, or, is there anything else I should add to this list please?

• Completed Application Form (plus a blank copy, just in case)
• Cover letter detailing reasons for including dependant without 2 years cohabitation – being an old workpermit holder.
• Letter from current employer including information on the letter about my SOC Code and salary
• Letter from Employer confirming authenticity of payslip
• Letter from employer stating my days out of the country on Business
• Letter from company (Previous employer) that initially sponsored my Work Permit
• List of Personal and Business Travel on Spread Sheet
• Letter from home office that issued the work permit
• P45 from the previous employer
• Photocopies of the last four year's P60 (with an attestation from my employer, as I have lost my originals)
• Original copy of P60 for 2011/12 (This is the latest one)
• 6 Months Bank Statements
• 6 Months Pay Slips
• Current tenancy agreement (including Wife’s name)
• Letter from Bank cofirming that my current account has been made a joint account with my wife included.
• Bank statement for the last week – that includes both our names and the current address
• Marriage Certificate
• NARIC – Statement of Comparability (For my wife’s Bachelor’s degree) (This will have my wife’s name with my current address)
• NARIC – English Language assessment (This will have my wife’s name with my current address)
• Polling card (Both mine & wife)
• Council Tax letter (Both mine & wife)
• Life in the UK test (Mine & Wife)
• Photos (as per guidance)
• Photocopies of all the above

Thanks in advance.

[selva]

Hello All,

To give a little bit of background about myself, I have been on work permit (Old style) from January 2007. I moved to a new company in July 2007 (Still on old style WP).

I got married in December 2011. My wife got her WP dependant visa issued in January 2012 and she has come to the UK (for the first time) on 31/03/12.

Now, I have my ILR appointment booked in Sheffield on April 16th.

I have her included in my ILR application as a dependant (Thanks to the advice by Greenie, I understood that the two year cohabitation is not a requirement for dependants of old style (non PBS) workpermit holders)

But in the limited time she has been here, I have got some proof of cohabitation that includes letter from the council, polling cards and last weeks bank statement with my wife's name confirming that my bank account has been made a joint bank account.

Here are the list of documents I intend to carry with me. Can you kindly advise if I have covered everything, or, is there anything else I should add to this list please?

• Completed Application Form (plus a blank copy, just in case)
• Cover letter detailing reasons for including dependant without 2 years cohabitation – being an old workpermit holder.
• Letter from current employer including information on the letter about my SOC Code and salary
• Letter from Employer confirming authenticity of payslip
• Letter from employer stating my days out of the country on Business
• Letter from company (Previous employer) that initially sponsored my Work Permit
• List of Personal and Business Travel on Spread Sheet
• Letter from home office that issued the work permit
• P45 from the previous employer
• Photocopies of the last four year's P60 (with an attestation from my employer, as I have lost my originals)
• Original copy of P60 for 2011/12 (This is the latest one)
• 6 Months Bank Statements
• 6 Months Pay Slips
• Current tenancy agreement (including Wife’s name)
• Letter from Bank cofirming that my current account has been made a joint account with my wife included.
• Bank statement for the last week – that includes both our names and the current address
• Marriage Certificate
• NARIC – Statement of Comparability (For my wife’s Bachelor’s degree) (This will have my wife’s name with my current address)
• NARIC – English Language assessment (This will have my wife’s name with my current address)
• Polling card (Both mine & wife)
• Council Tax letter (Both mine & wife)
• Life in the UK test (Mine & Wife)
• Photos (as per guidance)
• Photocopies of all the above

Thanks in advance.

its all look fine. make sure your last bank statement (should be within 1 calendar month - after 16th Mar) includes your last salary(March salary).

[krishnais]

Thanks Selva. Appreciate the help.

Can any of the moderators / Gurus / Senior pro's have a look through it for me too please? It will be of great help.

Thanks.

[dimsav]

krishnais, you mentioned that you had changed your job/company in 2007. Hope you did obtain a new WP then (as working on "old WP" for another company is illegal). In such a case I'd advise you to bring both WPs with you as well.

Also, although the proof of cohabitation for 2 yeas is not required for WP holders indeed, CWs can ask you for such regardless. (It was in my case.) But you seem to be already prepared and know what to answer ... Good luck.

[krishnais]

Hi dimsav,

Thanks for the response.

i did get my WP transferred to the new company, and I have got the WP letter from the home office. I am taking those documents with me. I also have a letter from my previous employer confirming that. So, that's covered (I guess?).

Can I ask how you responded when you were asked for two years cohabitation proof? Was it an issue?

Cheers!

[dimsav]

...i did get my WP transferred to the new company, and I have got the WP letter from the home office. I am taking those documents with me. I also have a letter from my previous employer confirming that. So, that's covered (I guess?).

This should be perfectly fine then...

Can I ask how you responded when you were asked for two years cohabitation proof? Was it an issue?

It was not an issue for me at all, as my wife had been with me in the UK all the time. If I remember correctly, we were asked for any proof of cohabitation (without mentioning 2 years), and I showed our joint mortgage statements for the last year. That was all. (FYI, we applied at PEO Solihull -- highly recommended).

In your case, as you got married recently, it might look more tricky especially for an inexperienced CW. Still your wife is eligible for ILR at the same time with you, as per rule 196D. You may wish to make a print-out of that rule, and have it with you as a backup...

[krishnais]

Hi Dimsav,

Thanks again.

I have taken print outs of the relevant sections from the rules including 196D & 128-134 (which apply for me). Hoping that it all turns out OK. Will this do? Is there anything else I could take or provide?

Are photocopies of P60 with attestation from the HR (Has the company stamp and signature) enough? Or, do I really have to go down the route of getting the letter from HMRC?

[krishnais]

Hello All,

Here is the cover letter I have written, explaining the reason for including my wife in the ILR application.


Dear Sir/Madam,
Sub: Documentation requested in Section 10(A) - Reg

I, xxxx, am the main applicant in the attached SET (O) application. I have included my wife, yyyy, as a dependant in the application. We got married on December zz 2011 and she currently has a Work permit dependant visa (issued on zz January 2012). Her first date of entry to the UK was 31st March 2012.

As a proof of our cohabitation for the short period of her time in the UK, I have included the tenancy agreement and letter from my bank confirming that my current account has been changed to a joint account with my wife included.

One of the documents requested in Section 10(A) is the proof of cohabitation for the dependant. I got confirmation from a member of the Immigration enquiry bureau, namely Chris who works in Team – 8 at the Liverpool Contact centre on March 5th 2012 at 09:45 hours that she is eligible to apply with me as a dependant with SET(O) application, even with her limited time in the UK because I am on the old style work permit.

Also, as I am applying for ILR as a work permit holder meeting the requirements stated under 134 of the following link (http://www.ukba.homeoffice.gov.uk/polic ... les/part5/) and my wife is a work permit dependent, she is eligible to apply for ILR without her completing two years as spouse in the UK- as stated under 196D of the same link as above, titled “Part 5 - Persons seeking to enter or remain in the United Kingdom for employment”.

I sincerely hope this is acceptable and kindly request you to accept my wife’s application as a dependant in the SET (O) application.

Yours Faithfully,


Can one of you kindly read through it and suggest any changes as you feel appropriate please?

[dimsav]

krishnais, if you'll be applying in person at PEO -- and I'd recommend that -- then the cover letter is not required. According to my experience, a CW will just ask you to provide with necessary docs one by one, so you'll have your chance to explain any "tricky" points...

If you are opting for a postal application, then your letter sounds fine. I would just amend "under 134..." to "under paragraph 134 of the current Immigration Rules" and similarly for "paragraph 196D", and give the link as the overall reference to both (if needed at all).

[krishnais]

Thanks Dimsav.

Are photocopies of P60 with attestation from the HR (Has the company stamp and signature) enough? Or, do I really have to go down the route of getting the letter from HMRC?

[Smam]

Hi Mate

To the best of my understanding after reading all of your posts I would only advice you one thing that just control your fear and be confident I think you've more than what's required for the ILR application which is good in a sense but too much of information might create duplication some where in the information you're providing, which I would advice you to avoid clearly it in any form.

Please do share your PEO experience if you're applying through PEO.

Good luck for your ILR.

[selva]

@krishnais, do not get confused with PBS dependent

2 years is only mentioned for PBS

http://www.ukba.homeoffice.gov.uk/visas ... ependants/


for work permit holders it is not applicable.

Paragraph 196D of immigration rules says nothing about these limitation (which is applicable for you - WP).

you would be fine.

I did ask a question about whether can I include my wife for ILR as she would not complete 2 years in UK, answer was YES from UKBA because of WP. your list is looks absolutely fine for me. don't worry too much mate.

[krishnais]

Selva,

Thanks. I have now applied and got my ILR sanctioned too. Please see the thread here:

http://www.immigrationboards.com/viewto ... 742#626742