ILR Query

deepu81 · Post by **deepu81** » Tue Jan 08, 2013 10:27 am

Hello team,

Please can you help me with my query:

Bit of Background:
8 Oct 04 - 31 Jan 2008 (Student Visa)
31 Jan 08 - 18 Apr 2008 (Post study work Visa)
18 Apr 2008 - 18 Apr 2011 (Tier 1 General Migrant Visa)
18 Apr 2011 - 18 Apr 2013 (Tier 1 Extension)

I got my first successful Tier 1 General Migrant on 18 April 2008.

I went back to India on 17 Aug 2008 as my marriage was initially planned for 20 Sept 2008. ( I was made redundant from my company in UK and nobody was offering me any employment as I could not start the job earliest by 1 October 2008.)

Unfortunately, I fell from the stairs on 13 Sept and a plaster was put on my leg as there was a fracture. Due to this my marriage was postponed to 9 November 2008. We applied for dependant visa for my wife on 15 Dec 2008 and were then waiting for the reply from Home Office in India.

We got the passport back on 3 Feb (With Tier 1 General Migrant dependant visa) and we came to UK on 10 Feb 2009.

**Total number of days of absence = 177 both days inclusive (17 Aug 2008 - 10 Feb 2009). During this period I wasn't working.

I got the job on 23 Feb 2009 and since then I'm employed in UK.

My Tier 1 extension was done in April 2011 and is now valid till 20 May 2013

Since then, I only had 1 more absence from 7th Jan 2012 - 29 Jan 2012 - Paid Holidays.

My earnings in UK are £30,000.

I have read the rules as of the 13 Dec 2012 which states an individual is permit to have 180 days of leaves in any 12 months period provided they attach the proof regarding the same.

There is also a section of compassionate leaves.

My concern is I wasn't working at that time and don't have any medical to confirm that I had a fracture (never realised that I would be needing the document after 5 years).

Question 1: Please the senior members of this forum advise on whether I am eligible for ILR in Apr or not?

Question 2: My son was born in Nottingham, UK and currently on Tier 1 General dependant Visa. If we are applying for ILR then does he need to be added on the dependant section or will he be eligible for citizenship directly once we get the ILR.

Let me know if you require more details.

Kind Regards
Deep

wpilr_nov12 · Post by **wpilr_nov12** » Tue Jan 08, 2013 10:32 am

1. Can you get some/any medical records about your fracture?

2. When does your son's visa expire?

deepu81 · Post by **deepu81** » Tue Jan 08, 2013 9:40 pm

1) I asked my friend to visit the same doctor for a medical certificate. he got the reply as they don't keep the records for more than 3yrs so they can't issue me the medical especially when I don't live in India anymore.

2)tier 1 General Migrant dependant visa expiry 18 April 2013 = Son visa status

kimleeds · Post by **kimleeds** » Tue Jan 08, 2013 9:46 pm

you don't need to apply for your son, you just apply for yourself & for your wife, ur son as he is born in UK, once u get your ILR your son can directly apply for naturalization & then for the British passport

wpilr_nov12 · Post by **wpilr_nov12** » Tue Jan 08, 2013 10:05 pm

Do you have any evidence to claim that the wedding was originally planned for Sep? Also similar evidence showing that the wedding was postponed?

What I am trying to get you to do is have as much evidence as possible of what happened. Chances are these evidence won't even be required. But over preparation is better than missed opportunity.

deepu81 · Post by **deepu81** » Wed Jan 09, 2013 9:21 am

Well i have the wedding cards for both the dates. Apart from that nothing else.

deepu81 · Post by **deepu81** » Wed Jan 09, 2013 9:30 pm

Any comments wpilr?

deepu81 · Post by **deepu81** » Thu Jan 10, 2013 11:48 am

Any comments pls?

wpilr_nov12 · Post by **wpilr_nov12** » Thu Jan 10, 2013 12:18 pm

The best plan is to prepare for the worst.

In your case, and my opinion only (I am not qualified person, just using my personal observation), the complete picture you need to present is:

My original return date was ..... upon completion of wedding scheduled for ....

However due to reason.... , my return had to be postponed.

I would look for evidence to fill in the gaps above.

Chances are all these will not be necessary, but still gives you added confidence and a bag full of papers to carry.

deepu81 · Post by **deepu81** » Fri Jan 11, 2013 8:18 am

Thanks Wpilr...
Regarding my son can you also confirm that he doesn't need to apply for ILR as he was born in UK.

wpilr_nov12 · Post by **wpilr_nov12** » Fri Jan 11, 2013 9:22 am

Per existing rules, your child can Register as a British Citizen once you have your ILR. The child's immigration status is not (at the moment) relevant to his entitlement to Register as a British Citizen.

I see no wisdom in including your son as your Dependent on your ILR application.

subhan · Post by **subhan** » Fri Jan 11, 2013 1:33 pm

deepu81 wrote:1) I asked my friend to visit the same doctor for a medical certificate. he got the reply as they don't keep the records for more than 3yrs so they can't issue me the medical especially when I don't live in India anymore.

2)tier 1 General Migrant dependant visa expiry 18 April 2013 = Son visa status

Give your friend the details of the dates and then the Doctors name if you remember, they have to give you a medical certificate i too have the same issue but i got them.

if in chennai i can help u by going and asking them.

deepu81 · Post by **deepu81** » Mon Jan 14, 2013 9:57 am

Thanks Subhan but I am from Delhi....

deepu81 · Post by **deepu81** » Sat Mar 30, 2013 6:27 pm

Firstly, apologies for the late response but the intention was to collect all the missing documents and then post on the forum.

I finally managed to get the medical certificate of my absence.

Below is the list of documents:

1) SET(O) form with dependant information + 2 photos each (for me and my wife)
2) Passport + Biometric card for both of us
3) 'Out of UK days' summary sheet : Total comes to 198
4) Earnings (May 2012 - Apr 2013 ) - latest 12 months period

5)Earnings summary letter
May 12 - Apr 13 ( employed ) : Salary Slips , Employer letter, Bank statement

6) Cohabitant proofs: Marriage certificate, Council tax bills, Wife's employer letter, Wife's bank statement, salary slips, Rent agreement

7) 'Life in UK' certificates

Points calculator print out
9) P60 + HMRC employment history for last 5 years
10) PEO Appointment print out
11) Letter stating the reason for leave

Extra :
1) Maintenance funds : Bank letter for minimum balance + last 6 month saving account statement
2) Degree certificate
3) Home office HSMP letter
4) Medical Certificate

Questions:

a) Do we need to take the print outs of Bank statements as well?
b) Is the document list ok?
c) Has anyone got the format of the letter which I can use to describe my absence of leave?

Many thanks in advance.

Kind regards
Deep

Kevin24 · Post by **Kevin24** » Sat Mar 30, 2013 8:30 pm

deepu81 wrote:Firstly, apologies for the late response but the intention was to collect all the missing documents and then post on the forum.

I finally managed to get the medical certificate of my absence.

Below is the list of documents:

1) SET(O) form with dependant information + 2 photos each (for me and my wife)
2) Passport + Biometric card for both of us
3) 'Out of UK days' summary sheet : Total comes to 198
4) Earnings (May 2012 - Apr 2013 ) - latest 12 months period

5)Earnings summary letter
May 12 - Apr 13 ( employed ) : Salary Slips , Employer letter, Bank statement

6) Cohabitant proofs: Marriage certificate, Council tax bills, Wife's employer letter, Wife's bank statement, salary slips, Rent agreement

7) 'Life in UK' certificates
Points calculator print out
9) P60 + HMRC employment history for last 5 years
10) PEO Appointment print out
11) Letter stating the reason for leave

Extra :
1) Maintenance funds : Bank letter for minimum balance + last 6 month saving account statement
2) Degree certificate
3) Home office HSMP letter
4) Medical Certificate

Questions:

a) Do we need to take the print outs of Bank statements as well?
b) Is the document list ok?
c) Has anyone got the format of the letter which I can use to describe my absence of leave?

Many thanks in advance.

Kind regards
Deep

Good you have got the Medical Certificate.
1.You need the corresponding Bank Statements for the payslips.
2. You could look at Sticky;s Template and change it conform with your case.
3.What is this Minimum Balance Letter from Bank? What does it give?
4. What about NHS cards,G.P letters and Voter's registration- To proof of address. and Co-Hab.

deepu81 · Post by **deepu81** » Sun Mar 31, 2013 9:42 am

Thanks Kevin.

I have got the statement of my Savings Account which shows I have sufficient money for maintainance funds.

I wrote the question incorrectly. I wanted to ask whether I need to take the photocopy of the bank statements (12 months)?

how many Co-Hab documents do we need as I have rent agreement, council tax, water bill, electricity bill, bank statements (wife), offer letter (wife)? Also, we moved houses in the last 3years do i need the documents from each property or the current one would be sufficient.?

We are living in the current property from last 13 months?

Kind regards
Deep

Kevin24 · Post by **Kevin24** » Sun Mar 31, 2013 10:17 am

deepu81 wrote:Thanks Kevin.

I have got the statement of my Savings Account which shows I have sufficient money for maintainance funds.

I wrote the question incorrectly. I wanted to ask whether I need to take the photocopy of the bank statements (12 months)?

how many Co-Hab documents do we need as I have rent agreement, council tax, water bill, electricity bill, bank statements (wife), offer letter (wife)? Also, we moved houses in the last 3years do i need the documents from each property or the current one would be sufficient.?

We are living in the current property from last 13 months?

Kind regards

1.You need to highlight the Salary amount credited in your Ban Statement each month. CW only looks at that amount for Tier 2 applicants. So you could photocopy that page and the Page where your Name and address are indicated,for 12 Months.
2.For Co-Hab you need to show documents for continuous 2 years,that you and your wife have been living together,int same address.
Deep

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