ILR Help!

[elixir]

Hi everyone - I had a few questions regarding my impending ILR application in Croydon PEO. If someone with prior experience can please help me out that will be great.

My situation: Entered UK with workpermit in March 2008, switched to Tier 1 (general) in March 2009, extended Tier 1 (General) in April 2012, wife came to UK in May 2008

1. Cohabitation Document: In SET(O), the guidance says that documents need to provided since last visa date, to a maximum of 2yrs. I have several confusions here:
a. In some cases, I have seen that if my wife entered UK before 2012 on work permit, she will automatically become eligible, without residency requirement. Can anyone confirm? My wife entered UK in 2008 May on workpermit dependent visa.

b. If cohabitation documents are required, will they be required from April 2012 (i.e. since last visa), or for last two years (since Feb 2011)?

c. 6 documents covering whole period from 3 different sources: we have bank statements in joint name covering whole periods, but council tax/tenancy agreements/electric are all in one specific quarter (since I opted for paperless billing for these after that). So even though I have 6 documents from 3 sources covering the period, not all three SOURCES are covering the whole period. can anyone clarify on this?


2. Absence from UK: I have read in other forums that after changes in 2012 December, even though the number of days of absence has been relaxed a bit, now you need to provide documentary evidence of each of the absences. My situation is that my absences out of UK are relatively small (<100 days in 5years, none more than 14 days continuous), but they are all personal holiday (paid leaves). My employer won't certify personal leaves as they don't know where I went. How do I deal with this? Should I write a letter explaining this (along with the spreadsheet that I have made), or do i need to provide hotel booking/flight booking etc?

3. Economic Activity: I have P60 of last four years, but this year's P60 hasn't been generated yet. For Tier 1 migrant it shouldn't even be an issue, but with UKBA one can never say. What is the best route for 2012/13 economic activity proof? I have all payslips....has anyone been asked about this before?

Thanks everyone for your help.

regards

[MP1982]

As a person who got ILR very recently I can share my knowledge and understanding on the matters you raised for the best of my ability. My case is very similar but only difference is I have been under HSMP and Tier 1 General.

1.A : I am not sure where you have seen this information. Are u from a NonEU country ? If you are then you have to apply for your Wife’s ILR as well. Option is there for both of you to apply at the same time since she ahs completed the continuous residency requirement ( 2 years) from the info you have given,

B. What UKBA want to see is documents covering immediate 2 years from the date you apply for ILR. So If you are applying in April 2013, keep cohab proof from March 2011. But if you have Cohab docs before that there is no harm in providing them in an orderly manner,

C. As per my case I even didn’t have one set of documents to cover whole of 2 years. Specially if you apply under the form SET(O) they are not that strict about showing 6 different sources, it is mainly if you apply under the form Set (M). All I had was a Council tax yearly statement for 3 years, Vote Polling card for each year for past 3 years and a mix of statements from HMRC, Bank to cover 2 years. But if you are applying under Set(M) I think you have to be faily comprehensive,

2. For Tier 1 general migrants don’t have to provide evidence if you didn’t exceed the expected guided time limit of the UKBA. Especially from what you mentioned Annual paid holiday less than 100 in total and each for a maximum continuous 14 days only need not any evidence. Mine was around the same and I didn’t provide any,

B. It is obvious that one can’t provide P60 for the year 2012/13 if one apply for ILR before they are generated. That is why you are showing your Original Salary slips and Bank statements to prove economic activity. I oly had 4 P60s aswell,

So hope this helps in any sort of way and it is provided based on the limited information you provided and taking certain assumptions.


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Info/Advice I provide is general in nature and shouldn't be used as a substitute for professional or Legal advice where necessary.

[elixir]

thanks man. thats very helpful. can u please confirm when did you apply?

Reading from other responses in the forum, it seems you do have to provide some sort of evidences for absences from UK even if it is less than 180 days!

[MP1982]

My PEO was in Jan 13,

If you look at the form Set(O),

‘Evidence of all work-related absences (including paid annual leave) is required from those applying under Tier 2 (Intra-Company Transfer);Tier 2 (General); Tier 2 (Minister of religion); Tier (Sportsperson); Tier 5 International Agreement, and permitted employment categories - except Highly Skilled Migrants’

‘Evidence of absence due to compelling or compassionate reasons is also required from all of the above categories, and those applying under the Tier 1 (General); Business person; Self-employed person; Investor; Innovator; Writer; Composer, and Artist categories.’
I believe it is very clear.

It’s your choice if you wanna provide evidence of your annual holidays but I didn’t as it is not a requirement since mine didn’t fall under Compelling or compassionate leave plus they were within the UBKA guided time lines.

All the Bes with your application,

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Info/Advice I provide is general in nature and shouldn't be used as a substitute for professional or Legal advice where necessary.