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ILR documents for spouse visa

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Monajasra
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Need help regarding PBS Dependent ILR visa

Post by Monajasra » Tue Jul 18, 2017 11:28 pm

Hi i came to UK as a PBS dependent in Nov 2012 on 5 year route. My visa was valid from 20th of Nov 2012 till 03-11-2014. First entry to UK was on 23-11-2012.

In oct 2014 my husband got ILR and after his ILR i have got extension as PBS dependent from 22-10-2014 till 22-10-2017, as we have applied through premium services they have given the visa from the day i have applied instead of the date it was finishing i.e. 03 Nov so i have lost almost 10 days.

Now my husband has BC, i am due for ILR in oct on 5 yrs route. My question is that i can apply for ILR 28 days before my qualifying period? If i count 28 days from first visa valid date then it will be 23rd of OCT 2017 but my visa is finishing on 22nd of oct just one day before.

I have called home office they said i have to apply for extension bcoz if i am applying 28 days before qualifying period but I should have visa till 20th of Nov.

I spoke to one of solicitor he said i can apply for ILR by post, it wouldn't be problem because by the time they will start processing my application i will be due for ILR. Plus my husband and daughter are BC.

I am so confused please suggest me can i apply for ILR straightaway for need to apply for extention.

Thanks.
Monika

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zimba
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Re: Need help regarding PBS Dependent ILR visa

Post by zimba » Wed Jul 19, 2017 12:12 am

You can apply 28 days before your qualifying period for ILR. Also the qualifying period for ILR will be counted backwards from the date of application not the date in which you complete full five years . No need for an extension
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Monajasra
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Re: Need help regarding PBS Dependent ILR visa

Post by Monajasra » Wed Jul 19, 2017 12:20 am

zimba88 wrote:You can apply 28 days before your qualifying period for ILR. Also the qualifying period for ILR will be counted backwards from the date of application not the date in which you complete full five years . No need for an extension
If i am calculating it correctly 28 days will start from 23rd of Oct right?

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Re: Need help regarding PBS Dependent ILR visa

Post by zimba » Wed Jul 19, 2017 12:40 pm

Yes
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Re: Need help regarding PBS Dependent ILR visa

Post by CR001 » Wed Jul 19, 2017 1:32 pm

Your residence starts from the date you entered the uk, 23rd November. You can apply no sooner than within 28 days before that date.
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Re: Need help regarding PBS Dependent ILR visa

Post by zimba » Wed Jul 19, 2017 1:35 pm

I think I missed the PBS dependant part. :?
So the date of application must be 28 days from completing your 5 years AFTER the first entry to the UK.
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Re: Need help regarding PBS Dependent ILR visa

Post by Monajasra » Wed Jul 19, 2017 2:22 pm

CR001 wrote:Your residence starts from the date you entered the uk, 23rd November. You can apply no sooner than within 28 days before that date.
Do i need to spply for extension? Or if i send application by post then by the time they will start processing it i will be due for ILR?

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Re: Need help regarding PBS Dependent ILR visa

Post by zimba » Wed Jul 19, 2017 3:00 pm

You can apply on 26th October.
[CORRECTION] Apply for extension before your visa expiry and then vary to ILR when eligible
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Re: Need help regarding PBS Dependent ILR visa

Post by CR001 » Wed Jul 19, 2017 3:02 pm

zimba88 wrote:You do not need extension as repeated several times. You can apply on 26th October.
OP says current visa expires on 22nd October.
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Re: Need help regarding PBS Dependent ILR visa

Post by zimba » Wed Jul 19, 2017 3:11 pm

I completely misread this post to be honest :oops:
Then this is a case of apply for extension before expiry and vary for ILR after eligible for ILR.
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Re: Need help regarding PBS Dependent ILR visa

Post by CR001 » Wed Jul 19, 2017 3:25 pm

zimba88 wrote:I completely misread this post to be honest :oops:
Then this is a case of apply for extension before expiry and vary for ILR after eligible for ILR.
We all have these moments so don't stress.

Yes apply for extension and then vary to ILR when qualifying is the most sensible option.
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Re: Need help regarding PBS Dependent ILR visa

Post by Monajasra » Wed Jul 19, 2017 5:31 pm

Monajasra wrote:
CR001 wrote:Your residence starts from the date you entered the uk, 23rd November. You can apply no sooner than within 28 days before that date.
My solicitor told me for Tier 1 general spouse it starts from visa date if they come to country within 90 days.

How to vary the application?

Thanks.

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Re: Need help regarding PBS Dependent ILR visa

Post by CR001 » Wed Jul 19, 2017 8:15 pm

Monajasra wrote:
Monajasra wrote:
CR001 wrote:Your residence starts from the date you entered the uk, 23rd November. You can apply no sooner than within 28 days before that date.
My solicitor told me for Tier 1 general spouse it starts from visa date if they come to country within 90 days.

How to vary the application?

Thanks.
Your solicitor is wrong. Dependents are counted from date of entry. Only main PBS migrants are counted from visa start date.

Page 17 in the link below
https://www.gov.uk/government/uploads/s ... n-v1.0.pdf
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Re: Need help regarding PBS Dependent ILR visa

Post by Monajasra » Wed Jul 19, 2017 11:28 pm

Thanks everyone

Monajasra
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ILR documents for spouse visa

Post by Monajasra » Thu Sep 21, 2017 7:30 pm

Hi

I am applying for ILR on 5 year spouse route. My husband was on Tier 1 general (PBS). He has British citizenship now and daughter is British citizen too.

Can anyone help me which documents do we need to apply for ILR?

Thanks.

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Re: ILR documents for spouse visa

Post by Casa » Thu Sep 21, 2017 8:37 pm

Form SET(M). Section 12 - Documents
https://www.gov.uk/government/uploads/s ... -06-17.pdf
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Re: ILR documents for spouse visa

Post by Monajasra » Thu Sep 21, 2017 8:56 pm

Thanks for ur reply, do we need to show any savings?

Mainly all bills like water, electricity, gas etc they all are under my husband's name.

I have bank statements, Gp letter, phone bill, tv bill and DVLA licence, are these enough to show as a proof of correspondence?

Thanks.

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Re: ILR documents for spouse visa

Post by Casa » Thu Sep 21, 2017 9:52 pm

Monajasra wrote:
Thu Sep 21, 2017 8:56 pm
Thanks for ur reply, do we need to show any savings?

Mainly all bills like water, electricity, gas etc they all are under my husband's name.

I have bank statements, Gp letter, phone bill, tv bill and DVLA licence, are these enough to show as a proof of correspondence?

Thanks.
You require either:
6 pieces of evidence at the shared address in joint names
or
6 pieces of evidence EACH at the shared address if in single names (12 in total)

These must be from at least 3 different sources and spread as evenly as possible through the 30 month qualifying period. For example, one document, bill or correspondence every 4-5 months or so.
Any correspondence with a name, date and address will be acceptable.
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Re: ILR documents for spouse visa

Post by CR001 » Thu Sep 21, 2017 9:54 pm

Monajasra wrote:
Thu Sep 21, 2017 7:30 pm
Hi

I am applying for ILR on 5 year spouse route. My husband was on Tier 1 general (PBS). He has British citizenship now and daughter is British citizen too.

Can anyone help me which documents do we need to apply for ILR?

Thanks.
I have merged your topics.

It is REALLY important that you state exactly what visa you hold. By stating 5 year spouse visa, members will assume you are on the spouse settlement visa (ILR dependent) which would be Set(M) for ILR as Casa has advised.

You are on a PBS dependent visa which is a completely different category and form for ILR.

You need form Set(O).
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Re: ILR documents for spouse visa

Post by Casa » Thu Sep 21, 2017 10:03 pm

CR001 wrote:
Thu Sep 21, 2017 9:54 pm
Monajasra wrote:
Thu Sep 21, 2017 7:30 pm
Hi

I am applying for ILR on 5 year spouse route. My husband was on Tier 1 general (PBS). He has British citizenship now and daughter is British citizen too.

Can anyone help me which documents do we need to apply for ILR?

Thanks.
I have merged your topics.

It is REALLY important that you state exactly what visa you hold. By stating 5 year spouse visa, members will assume you are on the spouse settlement visa (ILR dependent) which would be Set(M) for ILR as Casa has advised.

You are on a PBS dependent visa which is a completely different category and form for ILR.

You need form Set(O).
Time to call it a day... :roll:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: ILR documents for spouse visa

Post by CR001 » Thu Sep 21, 2017 10:04 pm

Casa wrote:
Thu Sep 21, 2017 10:03 pm
Time to call it a day... :roll:
Or tea....... :wink:
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Monajasra
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Re: ILR documents for spouse visa

Post by Monajasra » Thu Sep 21, 2017 10:15 pm

Or coffee 😉

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Re: ILR documents for spouse visa

Post by Monajasra » Thu Sep 21, 2017 10:30 pm

In SET O, we just need to show that we r living together from last two years? It could be any form of document or same as Casa mentioned 6 diff sources spread over last 30 months?

Thanks.

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