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ILR query - urgent response awaited

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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19star79
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ILR query - urgent response awaited

Post by 19star79 » Tue Feb 05, 2013 9:21 am

hi,

My UK-born-child was issued limited leave to remain previously. And currently I am due for ILR can I skip including her details in the (ILR) settlement application even though my child's leave to remain will expire in May 2014.
Immediately after which I am granted settlement, can I register my daughter for British citizenship

people who have gone through the above situation , please do respond. i have an appointment on 7th February. I have booked appointment for main and one dependent and have not booked appointment for my child.



:roll:

wpilr_nov12
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Post by wpilr_nov12 » Tue Feb 05, 2013 9:29 am

Yes. Your plan is fine. Good Luck.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

19star79
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Post by 19star79 » Tue Feb 05, 2013 1:31 pm

wpilr_nov12 wrote:Yes. Your plan is fine. Good Luck.
Thanks wpilr_Nov12

Will the UKBA question me as to why i have not included my child details in the ILR application. I guess they must be having a record of my family in their system.
is there a cover letter to be attached whilst submitting the application in person

wpilr_nov12
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Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Post by wpilr_nov12 » Tue Feb 05, 2013 1:38 pm

19star79 wrote:
wpilr_nov12 wrote:Yes. Your plan is fine. Good Luck.
Thanks wpilr_Nov12

Will the UKBA question me as to why i have not included my child details in the ILR application. I guess they must be having a record of my family in their system.
is there a cover letter to be attached whilst submitting the application in person
If asked, the answer is : the child is UK born, and is Entitled to British Citizenship through Registration, which you will do once your ILR is approved.

No cover letter necessary. Don't worry at all about your kids.

You may however choose to include their Long form birth certificates as part of your Cohab docs.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

techie_09
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Post by techie_09 » Tue Feb 05, 2013 2:06 pm

19star79 wrote:
wpilr_nov12 wrote:Yes. Your plan is fine. Good Luck.
Thanks wpilr_Nov12

Will the UKBA question me as to why i have not included my child details in the ILR application. I guess they must be having a record of my family in their system.
is there a cover letter to be attached whilst submitting the application in person
UKBA won't question you if you don't include your kid in application. Yesterday, I excluded my UK born son from application and they didn't ask any question although he was with me and they knew I have not included him in application.
Techie

kiranchinnu
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Re: ILR query - urgent response awaited

Post by kiranchinnu » Tue Feb 05, 2013 3:25 pm

19star79 wrote:hi,

My UK-born-child was issued limited leave to remain previously. And currently I am due for ILR can I skip including her details in the (ILR) settlement application even though my child's leave to remain will expire in May 2014.
Immediately after which I am granted settlement, can I register my daughter for British citizenship

people who have gone through the above situation , please do respond. i have an appointment on 7th February. I have booked appointment for main and one dependent and have not booked appointment for my child.



:roll:
your will be fine 19star79 , recently got ILR for myself and wife exculding baby who is born UK and got tier(1) dependant visa previsouly.
Information provided is general guidance and does not constitute legal advice.

19star79
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Re: ILR query - urgent response awaited

Post by 19star79 » Tue Feb 05, 2013 3:43 pm

kiranchinnu wrote:
19star79 wrote:hi,

My UK-born-child was issued limited leave to remain previously. And currently I am due for ILR can I skip including her details in the (ILR) settlement application even though my child's leave to remain will expire in May 2014.
Immediately after which I am granted settlement, can I register my daughter for British citizenship

people who have gone through the above situation , please do respond. i have an appointment on 7th February. I have booked appointment for main and one dependent and have not booked appointment for my child.


:roll:
your will be fine 19star79 , recently got ILR for myself and wife exculding baby who is born UK and got tier(1) dependant visa previsouly.

Thanks KIRANCHINNU
my wife is the main applicant , as required by the UKBA, should her employer state the period of her maternity leave too along with her annual holiday she had availed, for 2 months during maternity she traveled to her home country .


:roll:

19star79
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Posts: 28
Joined: Mon Feb 04, 2013 11:07 pm

Post by 19star79 » Tue Feb 05, 2013 4:01 pm

techie_09 wrote:
19star79 wrote:
wpilr_nov12 wrote:Yes. Your plan is fine. Good Luck.
Thanks wpilr_Nov12

Will the UKBA question me as to why i have not included my child details in the ILR application. I guess they must be having a record of my family in their system.
is there a cover letter to be attached whilst submitting the application in person
UKBA won't question you if you don't include your kid in application. Yesterday, I excluded my UK born son from application and they didn't ask any question although he was with me and they knew I have not included him in application.
Thanks techie_09 :)

19star79
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Posts: 28
Joined: Mon Feb 04, 2013 11:07 pm

Post by 19star79 » Wed Feb 06, 2013 11:57 am

wpilr_nov12 wrote:
19star79 wrote:
wpilr_nov12 wrote:Yes. Your plan is fine. Good Luck.
Thanks wpilr_Nov12

Will the UKBA question me as to why i have not included my child details in the ILR application. I guess they must be having a record of my family in their system.
is there a cover letter to be attached whilst submitting the application in person
If asked, the answer is : the child is UK born, and is Entitled to British Citizenship through Registration, which you will do once your ILR is approved.

No cover letter necessary. Don't worry at all about your kids.

You may however choose to include their Long form birth certificates as part of your Cohab docs.

my wife is the main applicant , as required by the UKBA, should her employer state the period of her maternity leave too along with her annual holiday she had availed, for 2 months during maternity she traveled to her home country .

wpilr_nov12
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Post by wpilr_nov12 » Wed Feb 06, 2013 2:00 pm

Is your wife on T1, T2 or WP currently?
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

19star79
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Post by 19star79 » Wed Feb 06, 2013 2:51 pm

wpilr_nov12 wrote:Is your wife on T1, T2 or WP currently?

Tier 1 General

cs95tdg
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Post by cs95tdg » Wed Feb 06, 2013 3:41 pm

As she is applying for ILR as a T1G migrant, she would not need to submit an employer letter to confirm annual leave or business related absences. However as she was absent from the UK for a period of 2 months during her maternity leave, she may want to write a personal letter & keep that along with your childs birth certificate as optional documents to provide in the event the caseworker raises a question about this. Having her employer confirm the materity leave period will not harm, but again I would leave this letter in her optional documents list, to provide only if requested.

wpilr_nov12
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Post by wpilr_nov12 » Wed Feb 06, 2013 3:43 pm

cs95tdg wrote:As she is applying for ILR as a T1G migrant, she would not need to submit an employer letter to confirm annual leave or business related absences. However as she was absent from the UK for a period of 2 months during her maternity leave, she may want to write a personal letter & keep that along with your childs birth certificate as optional documents to provide in the event the caseworker raises a question about this. Having her employer confirm the materity leave period will not harm, but again I would leave this letter in her optional documents list, to provide only if requested.
And payslips showing SMP for those months should be able to validate the maternity leave.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

cs95tdg
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Post by cs95tdg » Wed Feb 06, 2013 3:49 pm

wpilr_nov12 wrote:And payslips showing SMP for those months should be able to validate the maternity leave.
True. However, whether or not she submits those particular payslips with the application would depend on when she took her maternity leave & what previous earnings period she decides to use for her ILR application. She can ofcourse keep them along with the other optional documents mentioned before.

19star79
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Post by 19star79 » Wed Feb 06, 2013 3:56 pm

cs95tdg wrote:
wpilr_nov12 wrote:And payslips showing SMP for those months should be able to validate the maternity leave.
True. However, whether or not she submits those particular payslips with the application would depend on when she took her maternity leave & what previous earnings period she decides to use for her ILR application. She can ofcourse keep them along with the other optional documents mentioned before.
Maternity leave was availed in 2010 / 2011. the previous earnings would be 12 months prior from Feb 2013.
In the SET O , there is a field absence from the UK from date to date and reason; all travel to home country was availed as annual leave and one was whilst on maternity leave. what should be written in the reason for absence.

cs95tdg
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Post by cs95tdg » Wed Feb 06, 2013 4:00 pm

Ok, in that case her maternity payslips will not be required for her ILR application. And as her maternity related absence was taken as part of annual leave (you can choose the reason - stating maternity leave or family visit will be fine IMO), I doubt she will need any form of evidence for it. Just have her keep the documents mentioned above as optional documents to provide only if a question arises (if you are going for a in-person appointment).
Last edited by cs95tdg on Wed Feb 06, 2013 4:00 pm, edited 1 time in total.

wpilr_nov12
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Post by wpilr_nov12 » Wed Feb 06, 2013 4:00 pm

I personally do not think going home for 2 months during maternity leave would jeopardize her application. My suggestion of payslips showing SMP (because payslips will actually say 'SMP' and amount) was to use as evidence of actually being on ML.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

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