FLR(M) - Query regarding Bank statements

krishnais · Post by **krishnais** » Fri Mar 02, 2012 2:37 pm

Hello All,

First of all, thanks to all the active members in the forum.

To give a little bit of background story about myself, I have been on work permit (Old style) from January 2007. Now, I have my ILR appointment booked in Solihull on 30/03. Assuming my application is successful, I have my wife's FLR appointment booked on 02/04 (31st March and 1st April being weekend). [This way even if there is any change to settlement of Family members, I'll have applied before the dreaded 6th April! Having said that, I understand that this is purely hypothetical and as it stands, it's not clear if any of this will affect either of our application if we apply after 6th April. I am just being cautious - may be a little too cautious, but did not want to take a chance!)

But, here is the twist (as there is always one!) - my wife and I travel to UK in the last week of March. (This would be the first time my wife will be entering UK). So, if I apply for her on 02/04, the bank statements would not have her name on it. It will just have my name. Will this be an issue?

I have a couple of UK NARIC letters addressed to my current address with my wife's name on it. And, I can also get a new tenancy agreement with both our names on it. Will this be enough? Or would I have to wait till the bank account is changed to a joint account and get new bank statements?

Your help in this regard would be much appreciated.

Regards,
Krishna.

Post by **Greenie** » Fri Mar 02, 2012 5:17 pm

why isn't your wife applying for ILR at the same time as you? What is her current immigration status?

krishnais · Post by **krishnais** » Fri Mar 02, 2012 5:27 pm

Hi Greenie,

She is currently on a work permit dependant visa.

We got married in December 2011, but because of time limitations we are having the wedding reception in March. She got her Workpermit dependant visa in late January. So, it was easier for her to stay back in India till March and comeback together.

Hence why I thought it is apt for me to apply with SET(O) and FLR(M) for my wife a day later.

Your feedback would be much appreciated.

Post by **Greenie** » Fri Mar 02, 2012 5:29 pm

krishnais wrote:Hi Greenie,

She is currently on a work permit dependant visa.

We got married in December 2011, but because of time limitations we are having the wedding reception in March. She got her Workpermit dependant visa in late January. So, it was easier for her to stay back in India till March and comeback together.

Hence why I thought it is apt for me to apply with SET(O) and FLR(M) for my wife a day later.

Your feedback would be much appreciated.

is your wife going to enter the UK before you apply for ILR?

krishnais · Post by **krishnais** » Fri Mar 02, 2012 5:31 pm

Yes, that's correct. I thought if I applied for ILR before she comes in to the UK then her current work permit dependant visa becomes invalid? Then I would have to apply for her in India where processing times are significantly longer.

krishnais · Post by **krishnais** » Fri Mar 02, 2012 5:45 pm

Both of us plan to come to UK around 27th March and apply for my visa on 30th March and her visa on April 2nd.

This is what I had in mind, but as I was not sure how this would work I asked the question here in the forum. Thanks.

Post by **Greenie** » Fri Mar 02, 2012 6:44 pm

why aren't you and your wife applying for ILR together?

krishnais · Post by **krishnais** » Fri Mar 02, 2012 6:51 pm

I was under the impression that we need to show two years of cohabitation for her to be able to apply with me under SET(O) as a dependant.

As mentioned before we got married only in December 2011 and my wife has been in India since then.

Am I missing something here? Please highlight it, if I am.

Post by **Greenie** » Fri Mar 02, 2012 7:01 pm

krishnais wrote:I was under the impression that we need to show two years of cohabitation for her to be able to apply with me under SET(O) as a dependant.

As mentioned before we got married only in December 2011 and my wife has been in India since then.

Am I missing something here? Please highlight it, if I am.

The two year requirement is for applications for ILR by PBS dependents under para 319E, and for applications for ILR for spouses of settled persons under para 287. -

if you are applying for ILR as a work permit holder under para 134 and your wife is a work permit dependent - the two year requirement does not apply and you can apply for ILR together without her completing two years as your spouse in the UK- see 196D

krishnais · Post by **krishnais** » Fri Mar 02, 2012 7:44 pm

Hi Greenie,

I did ask this question to two solicitors who are listed under the OISC website, but both of them responded with the standard answer that there is a minimum two year cohabitation period required. I highlighted that I am under the old work permit scheme, but that did not make a difference to their response. I guess I may have been talking to first line advisor!

Do you know of anybody who has done this before in this forum please? So, that I could ask for further information and the documents required. Or, is this something you could advise on please?

Post by **Greenie** » Fri Mar 02, 2012 9:03 pm

krishnais wrote:Hi Greenie,

I did ask this question to two solicitors who are listed under the OISC website, but both of them responded with the standard answer that there is a minimum two year cohabitation period required. I highlighted that I am under the old work permit scheme, but that did not make a difference to their response. I guess I may have been talking to first line advisor!

Do you know of anybody who has done this before in this forum please? So, that I could ask for further information and the documents required. Or, is this something you could advise on please?

click on the final link in my previous post (196D) which sets out the rules clearly. Read the SET(O) form which tells you which documents are required.

The advice you have recieved is wrong - you should complain to the OISC - did they give you the advice in writing?

krishnais · Post by **krishnais** » Fri Mar 02, 2012 9:14 pm

I certainly agree with you after reading through the complete section.

If I go ahead with this then would address proof and bank statements for my wife still be required or not?

I appreciate this is a forum and as such you may not recommend a specific solicitor or company to use, but is there any tips in picking out someone with experience in this category pls?

krishnais · Post by **krishnais** » Sat Mar 03, 2012 9:52 am

Unfortunately, all the advice I received was over the phone and not via e-mail.

Post by **Lucapooka** » Sat Mar 03, 2012 9:59 am

Greenie is correct. The fact that your wife could enter the UK, never having previously set foot there, and effectively apply for ILR the next day, in a joint application with you, was a feature of the old WP rules that was removed with the introduction of the PBS. However, those people under the old rules can still take advantage of this. It's removal was intended to plug a crass loophole in the rules that clearly discriminated against the partners of British citizens and permanently settled sponsors, who are required to be married for two years and spend two years of limited leave to remain before they can apply for ILR.

Perhaps the advisers you consulted were not fully apprised of your WP status and assumed you were a PBS Tier 2 migrant?

krishnais · Post by **krishnais** » Sat Mar 03, 2012 10:11 am

Guys,

Really appreciate the feedback. I'll look in to this in more detail.

Would address proof and bank statements for my wife still be required?

Also, I was concerned about the changes from April 6th and hence why I was trying to get it done before that date. But, it is clear now that this does not affect my application. (Am I correct?)

I know there was a consultation about the family member settlement program last summer. Did that include settlement for WP dependants or was that only for people on PBS and their dependants?

Thanks again for your help.

krishnais · Post by **krishnais** » Sat Mar 03, 2012 4:21 pm

If you have a spouse or civil partner listed in section 2 of this application form who is applying at the same time as you, please provide documentary evidence of cohabitation since you were last granted leave (up to a maximum of two years). Evidence provided should cover the whole period and be in the form of official letters or documents, addressed to yourself and your spouse.

The above is stated in the necessary document list 11-a (for all applicants) in form SET O. How would I work around this in my case being a Workpermit holder and no proof of cohabitation?

Post by **Greenie** » Sat Mar 03, 2012 4:26 pm

how long after your wife arrives in the UK will you be applying? Do you have a tenancy agreement you can add her to? You can also register her with a GP immediately when she arrives and add her to your council tax bill, utility bills etc. She could also open a bank account when she arrives to. It should be possible to gather a few documents to show she has been living with you in the short time that she has.

krishnais · Post by **krishnais** » Sat Mar 03, 2012 6:58 pm

Thanks for the suggestions. I'll look in to the options you have suggested.

We intend to comeback on 30th March. Plan to apply by 5th April, as it is still not clear if there are going to be any changes from April 6th for dependants settling in UK (I remember there was a consultation about this last year). Will this affect WP dependants too?

What are your thoughts on this please?

Post by **Greenie** » Sat Mar 03, 2012 7:15 pm

you said in your first post that you had your ILR appointment booked for 30/3?

If you are coming back on 31/3 and applying on 5th then you will only have 3 working days to get such documents together - I think this will be hard.

You need to show evidence of contact with your wife since you married to prove the relationship is subsisting.

There are no changes to the rules for WP holders applying for settlement - they were not part of the consultation.

krishnais · Post by **krishnais** » Sun Mar 04, 2012 6:53 pm

Hi Greenie,

Original plan was to apply on 30/03, but after your recommendations I am changing my travel plans.

So, reading between the lines in your e-mail you are also saying that I do not have to rush through to get the SET(O) with a dependant done before April 6th, as this was not part of the consultation last year. Is that correct?

Thanks for your advice.

Krishna.

krishnais · Post by **krishnais** » Mon Mar 05, 2012 12:57 pm

Hi Guys,

Thanks to your feedback. I spoke to UKBA enquiries team. They confirmed that my wife can apply as an ILR dependant with me. Good thing was the guy at the other end of the phone gave his reference id - which he has recommended me to use in a Cover letter explaining the situation, should the case worker require it.

Thanks again.

krishnais · Post by **krishnais** » Wed Mar 07, 2012 9:35 am

Hi guys,

Thanks for your help so far.

As discussed before, I am an old work permit holder (Non-PBS) and my wife is currently on a WP Dependant visa. She will enter the country for the first time in end of march and we intend to apply for ILR - SET(O) on April 5th.

Based on the documents requested in the application form and having read through the website I have prepared a list of documents I require. Can you kindly look through it and advise if I have missed out on anything please?

• Completed Application Form (plus a blank copy, just in case)
• Cover letter detailing reasons for including dependant without 2 years cohabitation – being an old workpermit holder.
• Letter from current employer including information on the letter about my SOC Code and salary
• Letter from employer stating my days out of the country on Business
• Letter from company that initially sponsored my Work Permit
• List of Personal and Business Travel on Spread Sheet
• Letter from home office that issued the work permit
• P45 from the previous employer
• Employment history letter from HMRC
• 6 Months Bank Statements
• 6 Months Pay Slips
• My Proof of residence – x 2 (3 months)
• Current tenancy agreement (including Wife’s name)
• Letter from Bank cofirming that my current account has been made a joint account with my wife included.
• Marriage Certificate
• NARIC – Statement of Comparability
• NARIC – English Language assessment (This will have my wife’s name with my current address)
• Life in the UK test (Mine & Wife)
• Photos (as per guidance)
• Photocopies of all the above

Thanks in advance for your help.

harv · Post by **harv** » Wed Mar 07, 2012 11:13 am

Hi

Sorry to hijack this thread for me personal question but seems relevant to the subject.

When applying for ILR after the Settlement VSIA (Spouse VISA) (partner of British Citizen). What are the requirements for Language? Is it both Life in the UK as well as the A1 English language?

I am asking his because my wife has completed her IELTS in December 2011 and after 2 years when she applies to ILR the 2 years validity of the IELTS certificate will expire. So if there is still the A1 English language requirement she will have to do some further course to meet the requirements.

I was under the impression that only Life in the UK certificate is required for ILR.

Post by **Greenie** » Wed Mar 07, 2012 11:16 am

harv wrote:Hi

Sorry to hijack this thread for me personal question but seems relevant to the subject.

When applying for ILR after the Settlement VSIA (Spouse VISA) (partner of British Citizen). What are the requirements for Language? Is it both Life in the UK as well as the A1 English language?

I am asking his because my wife has completed her IELTS in December 2011 and after 2 years when she applies to ILR the 2 years validity of the IELTS certificate will expire. So if there is still the A1 English language requirement she will have to do some further course to meet the requirements.

I was under the impression that only Life in the UK certificate is required for ILR.

sorry but your question is not at all relevent to this thread, as the OP's is a WP holder and his wife is a WP dependent. Please can you start your own thread to avoid confusion

harv · Post by **harv** » Wed Mar 07, 2012 11:23 am

Thanks Greenie done [http://www.immigrationboards.com/viewtopic.php?t=97553]

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FLR(M) - Query regarding Bank statements

FLR(M) - Query regarding Bank statements