ILR Queries/ Spouse Eligibility

[dksmk]

Hi There,
I am new to this board and I am looking for some advice.

Main Applicant (myself)
1 Yr student visa granted in October 2004
1 yr work visa under International Graduate student scheme
HSMP visa started 3 Nov 2006
Tier 1 migrant extension started 3 Nov 2008 till 3-Nov-2011

I am planning to apply in last week of october 2011 for ILR. I believe, I fall under HSMP JR second category (Exempted from Life in Uk test)


Dependant (My wife)

1 yr student visa granted in October 2007
2 yr work visa under International Graduate student scheme (started from 10 Nov 2008)
From November 2010 - Till 3 Nov 2011 (dependant Visa)




We got married in Nov 2009 in India and entered UK on 12 Dec 2009 after marriage.

My queries are:

1) I need to submit bank statements and pay slips for how many months? Do I need to submit P60 forms for 5 yeras too?

2) Will my wife have to fulfill 2 years criteria to apply for ILR along with me, given that I fall under HSMP JR category?
At the time of applying that period (since we got married) will be 40 days short of 2 years?
If yes, does she need to apply for further leave seperately?

3) As I am under HSMP JR category, does my wife need to appear for 'Life in Uk test'??

I will be really grateful for your kind response.

[rajesh_kumar01]

Hi There,


My queries are:

1) I need to submit bank statements and pay slips for how many months? Do I need to submit P60 forms for 5 yeras too?
3 months salary slips and 3 months bank statements, and 5 years P60

2) Will my wife have to fulfill 2 years criteria to apply for ILR along with me, given that I fall under HSMP JR category?
At the time of applying that period (since we got married) will be 40 days short of 2 years?
If yes, does she need to apply for further leave seperately?

No, she can apply for ILR with you. she would be fine as you are covered under HSMp JR

3) As I am under HSMP JR category, does my wife need to appear for 'Life in Uk test'??

NO , neither you nor your wife need to take KOL for ILR.

I will be really grateful for your kind response.

answers in line

[dksmk]

Thanks rajesh_kumar01
sorry for late reply as I was away on holidays

I noticed on this forum that some people got ILR without fulfilling 2 years critera and some did not. So it depends completely on caseworker to caseworker.
In worst case scenario, if my wife does nt get ILR, what will be our options?
1) Will she have to apply for FLR ? If yes, how can she? she needs my supporting documents (my payslips/bank statements etc.) and my documents will already be with UKBA for my ILR application?
2)Is there any particular condition that 2 years cohabitation period should consist of time spent on dependant visa only?
We got married in November 2009 but at time she was on IGS visa which got expired in November 2010. Since November 2010, she is on Tier 1 dependant visa.