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Is my wife eligible for ILR as a dependent

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Marriage | Unmarried Partners | Fiancé | Ancestry

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tammu786
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Is my wife eligible for ILR as a dependent

Post by tammu786 » Fri Jun 26, 2015 10:54 pm

Dear Sir/Mam,

I am on a Tier 2 General Visa. I would be applying ILR soon. I have been working here in UK for almost 5 years now.
My wife first came to UK in 2012 on ICT short term for the same company. In that tenure she stayed here for 1 year. Then she left UK for good. In 2014 we got married, this time she came to UK again on ICT short term but through different company.

She is currently in UK. I am planning to convert her as ILR dependent. Any thoughts/Guidance pls. it would be greatly appreciated.

Cheers !!

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CR001
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Re: Is my wife eligible for ILR as a dependent

Post by CR001 » Fri Jun 26, 2015 11:01 pm

FLR(M) Form (Click)

FLR(M) Guidance Notes (Click)

She needs English A1 or equivalent. You need to meet the financial requirement of £18,600pa.
Char (CR001 not Casa)
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Re: Is my wife eligible for ILR as a dependent

Post by vinny » Sat Jun 27, 2015 12:41 am

What is the validity period of her current leave?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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tammu786
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Re: Is my wife eligible for ILR as a dependent

Post by tammu786 » Sun Jun 28, 2015 8:00 am

@CR001 : Thanks a ton for your quick help. Just want to highlight that she has never been on my dependent visa. In FLR(M) looks suitable but it mentions 2 routes (i.e. 2 yrs & 5 yrs on dependent). I believe we are not meeting that criteria. So was bit concerned.

please suggest further.

@Vinny: She has ICT Short Term visa till Oct 2015.

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Re: Is my wife eligible for ILR as a dependent

Post by CR001 » Sun Jun 28, 2015 10:40 am

What is the start and expiry date of her current visa?

For FLR(M), there is only a 5 year route (2 X 2.5 year visas), ie she needs 5 years residence on FLR(M) to qualify for ILR.
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Re: Is my wife eligible for ILR as a dependent

Post by tammu786 » Sun Jun 28, 2015 11:24 am

her Visa Start date : 19/10/2014 & end date is 18/10/2015.
Visa Type : Tier 2 ICT (Short Term)

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Re: Is my wife eligible for ILR as a dependent

Post by CR001 » Sun Jun 28, 2015 11:54 am

She should be ok to switch to FLR(M) if you/she meets all the requirements and would need to apply, either in person or postal, before her current visa expires.

She will also have to pay the IHS Surcharge (Click) before submitting her application as she will need the reference number. The cost of this is £500 on top of the visa application fee.
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tammu786
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Re: Is my wife eligible for ILR as a dependent

Post by tammu786 » Sun Jun 28, 2015 8:58 pm

Thank you CR001 for your help so far. I will check the requirements for FLR(M) & apply accordingly.

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Don't have Address proofs how to overcome?

Post by tammu786 » Fri Sep 11, 2015 10:09 am

Dear All,

I had obtained ILR in July-15. At that time my wife was here but since we were giving a first attempt for ILR we thought initially to apply for myself (main applicant) & later we can apply for her. She has a valid work visa till end of this year.
She is a working lady but she had to return to INDIA as her project moved to offshore. (Aug-15)
She is not eligible for ILR but i would be trying to get her as a dependent under joining family category. Which i hope is the most suitable category.
Since family was going back first thing came to our minds was surrendering the house. Which i did & moved to a near by B&B.
Now when we are trying to apply her visa from India we realised we need my proof of address.
Unfortunately B&B will not be giving any kind of tenancy agreement etc. To overcome this i have applied for provisional driving license on B&B address.
But what i understand is we should be providing council tax / Utility bills as a proof of address, until last month i had all but today i don't have any. Wondering what can be done?

Any suggestions..?

Thanks in advance.

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Re: Don't have Address proofs how to overcome?

Post by Raju1 » Fri Sep 11, 2015 12:12 pm

tammu786 wrote:Dear All,

I had obtained ILR in July-15. At that time my wife was here but since we were giving a first attempt for ILR we thought initially to apply for myself (main applicant) & later we can apply for her. She has a valid work visa till end of this year.
She is a working lady but she had to return to INDIA as her project moved to offshore. (Aug-15)
She is not eligible for ILR but i would be trying to get her as a dependent under joining family category. Which i hope is the most suitable category.
Since family was going back first thing came to our minds was surrendering the house. Which i did & moved to a near by B&B.
Now when we are trying to apply her visa from India we realised we need my proof of address.
Unfortunately B&B will not be giving any kind of tenancy agreement etc. To overcome this i have applied for provisional driving license on B&B address.
But what i understand is we should be providing council tax / Utility bills as a proof of address, until last month i had all but today i don't have any. Wondering what can be done?

Any suggestions..?

Thanks in advance.
It should be alright to provide all the proofs on your old address until last month and make sure to use same address on your recent bank statements (you can achieve this only using the postal redirection to your new address)

Do not mix up the addresses, they don't mind even if you are using old address provided if you are able to provide letter from the agency (along with previous rental agreement) where you have rented if you have good contact with them.

-Raju

tammu786
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Re: Don't have Address proofs how to overcome?

Post by tammu786 » Sat Sep 12, 2015 1:30 am

Thanks Raju for your reply.

I am bit cautious on this now. Will it be a safe bet?

Regards

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Re: Don't have Address proofs how to overcome?

Post by noajthan » Sat Sep 12, 2015 12:20 pm

Raju1 wrote:...

It should be alright to provide all the proofs on your old address until last month and make sure to use same address on your recent bank statements (you can achieve this only using the postal redirection to your new address)

Do not mix up the addresses, they don't mind even if you are using old address provided if you are able to provide letter from the agency (along with previous rental agreement) where you have rented if you have good contact with them.

-Raju
Shocking advice :!:
What is your major malfunction?

An applicant cannot play the system or suppress material facts.
You cannot hope to deceive HO like that, they will catch up & catch you out sooner or later.

Every applicant has to assume every immigration application, every border transit, every dealing with national & local government is filed & kept on record.
Some or all of such information will be sitting there in some databank waiting to be crosschecked & verified & checked for signs of fraud or deceit.

In my experience, any other approach is a foolish and high-risk strategy.
You can fool all the caseworkers some of the time and some of the caseworkers all the time, but you cannot fool all the caseworkers (& the combined forces of Home Office & HMG) all the time.
Example: the good character & employment history questions that now form part of a citizenship application.
Do you seriously want a deceit about a boarding house address to derail any future application for the privilege of citizenship?

And notice how many people you see in these forums, almost every week, proclaiming about the few 'innocent' extra hours they worked as a student, 7 or 8-9 years ago, in a job they forgot to mention.
Such behaviour now leads to citizenship being denied just because they thought noone would notice.
SET(O) Version 08/15
Page 10
1.13 Your UK address - please inform us immediately if this changes
If HO cannot trust an applicant to give a straight & honest answer to this, the simplest of questions then how can the rest of the application (AND supporting documents, finance information, etc) be trusted at all :?:

From the declaration on the form an applicant has to sign:
I understand that providing information or documentation that is not correct will normally result in
my application being refused and may lead to my prosecution for a criminal offence.
Which part of "I understand..." do you not understand :?: :!:
All that is gold does not glitter; Not all those who wander are lost. E&OE.

tammu786
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Re: Don't have Address proofs how to overcome?

Post by tammu786 » Sun Sep 13, 2015 1:13 am

Thanks Noajthan for your advice.

May I know which documents are must as a proof of address?

Agreement copy + Utility bills
or Just agreement copy
or just utility bills
or driving licence + Utility Bills

Regards,

tammu786
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Re: Don't have Address proofs how to overcome?

Post by tammu786 » Sun Sep 13, 2015 9:53 am

Just to be clear, my intentions are not to play around UK govt at all.

I am just checking if someone has experienced this particular scenario then how to deal with it.
If no one then would just like to know what are my options.

noajthan
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Re: Don't have Address proofs how to overcome?

Post by noajthan » Sun Sep 13, 2015 11:20 am

tammu786 wrote:Thanks Noajthan for your advice.

May I know which documents are must as a proof of address?

Agreement copy + Utility bills
or Just agreement copy
or just utility bills
or driving licence + Utility Bills

Regards,
The guidance for VAF forms (assuming you are using one of the VAF forms) states the document list is also for guidance only (it is not a complete or exhaustive list).

So if you have any/all of the items you have listed (above) then suggest you submit all of them.
Also why not get a letter from the B&B owner to confirm you reside there plus submit any/all invoices or bills you have received from the B&B.

From VAF notes...
The UK Immigration Rules make it clear that it is your responsibility to satisfy the Entry Clearance Officer that you are genuinely seeking entry to the UK for the purpose and duration that you have stated.

Submission of particular documents does not guarantee that your visa will be issued.

It is your decision how you satisfy the Entry Clearance Officer that your intentions are as you state in your application. It is your choice which documents you submit.

It is better to explain why you do not have a document than to submit a false document.

Your application will be automatically refused and you may be banned from coming to the UK for 10 years if you use a false document, lie or withhold relevant information.
Suggestion, if you are from a Commonwealth country you are entitled to vote in UK (as you have ILR) .
So you can register yourself on the electoral roll, even from temporary accommodation, by completing a declaration of local connection.
This will help confirm your address.

See http://www.electoralcommission.org.uk/i ... l-election
&
http://www.crisis.org.uk/pages/register-to-vote.html

Don't forget you should update your car insurance if you change address (otherwise the insurance may be invalidated which can cause other major difficulties).
New car insurance documents can also help prove your address.

The same applies for your car log book - it will need updating with any change of address to avoid legal consequences.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

tammu786
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Re: Don't have Address proofs how to overcome?

Post by tammu786 » Tue Sep 15, 2015 11:08 pm

Point taken Noajthan, will try to provide every possible proof on the new address.

Thanksfor your straight views.

Regards,

tammu786
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queries with new form (Joining family from outside UK)

Post by tammu786 » Thu Oct 01, 2015 1:33 am

Dear Friends,

I have ILR. My wife is in India at the moment. We are in process of applying her dependent visa under joining family category. We have Submitted the form online but whle taking appointment we are feeling confused on below points:

1. After submission, system prompts to take an appointment. Once appointment is selected it takes us to a page where we need to give details for IHS (Immegration Health Surcharge).

Two fields which confused us are Visa Route & Visa Type.

Before ILR, i have stayed in UK on Tier2-General Visa.

If i select Tier 2 General as visa route then i get below relevent options in Visa type drop down:

General MIgrant upto 3 yrs
General MIgrant upto 3 yrs CESC
General MIgrant upto 5 yrs
General MIgrant upto 5 yrs CESC

Other relevent visa route is - Settlement

There we have options of
Husband
wife

Please guide in order to select correct Visa route & Visa Type.

2. Other query is related to BRP card, on website they mentioned within 30 days after getting visa you need to be in UK & contacting a nearest post office to receive your BRP card.

IS it the case or still we get visa stamped on passports? There is some personal work & because of that she might need to travel after 1.5 to 2 months after getting visa.

3. My Visa end date is dec 2024. Same date we have put in on my wife's visa form (How much duration you would like to stay in UK). Now IHS is 200 GBP per year. So in this case do we need to pay 2000 GBP as IHS & will we my wife be getting 10 years visa(i don't think so .. but bit confused here).

Kindly guide.

vinny
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Re: queries with new form (Joining family from outside UK)

Post by vinny » Thu Oct 01, 2015 2:15 am

Why doesn't she return before the expiry of her current leave?

I think it's settlement, wife. She should put her intended travel date, as she will be expected to travel within 30 days of that date.

The NHS surcharge should be calculated on the basis of 33 months.
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tammu786
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Re: queries with new form (Joining family from outside UK)

Post by tammu786 » Fri Oct 02, 2015 2:37 am

Thanks Vinny for your suggestions. Actually my wife was here on a work visa but due to abrupt closure of her project she had to return. We will use this information & take our appliction ahead.

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