# Indefinite leave to remain



## dref (Mar 1, 2013)

Hello everyone
I wonder if you can help me please, in June 2013 my wife’s visa expires. I need to apply very soon for indefinite leave to remain.
At present I am on employment and support allowance in support group I also claim tax credit and child benefits in my name. I don’t claim anything for my wife but tax credit department has said it has to be in joint name. My wife’s name is showing on tax credit letter, I am claiming the benefit. 
When I applied for tax credit they have asked for my wife’s passport and kept it for one month and granted me tax credit.
My question is will this cause any problems for my wife’s ILR?

When I applied for my wife’s visa to join me in this country I was on incapacity benefits.
I submitted a number of documents including an offer of job from a company on arrival my wife to UK, also letter of support from my son as he was in full time employment. 

We have one year old child now,
thank you in advance.


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## Joppa (Sep 7, 2009)

As your wife is under the old rules, she only needs to meet the maintenance requirement. As you have declared your wife's status when registering for child benefit and child tax credit, it's fine.


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## dref (Mar 1, 2013)

Joppa thanks for your reply.

As she is under old rules does she need to take English test life in UK or ESOL? 
She has one booked in for Monday if she doesn't pass then she will go for ESOL test.

My wife entered UK 20th March 2011, how soon can she apply for ILR? 
Do we need to do accommodation report again?
What income is required for 2 adults and 2 children (16 Years old and 1 Year old)
I appreciate any answers, Thank you.


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## dref (Mar 1, 2013)

ARG0S said:


> Joppa has fully right, just do it


I'm not sure what you are trying to say, can you explain in a bit more detail?


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## Joppa (Sep 7, 2009)

dref said:


> Joppa thanks for your reply.
> 
> As she is under old rules does she need to take English test life in UK or ESOL?
> She has one booked in for Monday if she doesn't pass then she will go for ESOL test.


She has to pass the Life in the UK test, or failing that, an ESOL course with citizenship.



> My wife entered UK 20th March 2011, how soon can she apply for ILR?


If she entered on a spouse visa, then she can apply now (within 28 days of 2 years in UK). Try to book a same-day premium appointment at PEO.



> Do we need to do accommodation report again?


I wouldn't have thought so. Just confirmation of suitable housing, with bills.



> What income is required for 2 adults and 2 children (16 Years old and 1 Year old).


I only have the figure for last year, but was around £215 per week left over after housing costs. Add about 5% for current rates.


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## dref (Mar 1, 2013)

Joppa Thank you for your reply and explaining clearly i think we should be ok.


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## dref (Mar 1, 2013)

I have a few more questions to ask if you can answer them please. 
Due to the health problems i am unable to work at present i am on esa in support group. In cash terms i receive £268 a week i have 2 children, 16 years old and 1 year old. My wife's spouse visa expires 14th of June 2013. She hasn't worked since she has been in the UK. We would like to apply with a premium appointment at PEO. I understand applying with PEO case must be straight forward.
My question is, is my wife's case straight forward? 

When i first applied for my wife's visa to join me in the UK i was on incapacity benefits, my solicitor didn't send all my income and missed copy of land registry. My wife's visa was refused because of low income. UKBA recommended a couple with one child £160 per week, i appealed and sent in tax credit payment letter and child benefit letter which took well over £160, within 4 weeks my appeal was allowed and didn't go to tribunal. 

Could you please advise me, if we should apply via PEO or normal post?


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## dref (Mar 1, 2013)

dref said:


> My wife's spouse visa expires 14th of June 2013.


Just to correct an error its 14th of May 2013


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## dref (Mar 1, 2013)

Hi
Very bad news my wife today failed life in UK test, her spouse visa expires 14th of May 2013. Now we going to go for isol certificate.

Can someone please tell us how long it takes to get isol certificate with someone that has good English knowledge?


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## dref (Mar 1, 2013)

Hi guys,
Very soon i am applying for my wifes ILR just getting all the paperwork ready, i have a couple of questions if you can answer them please. 

Do i need to send my wifes birth certificate with the application? 

Has anyone on here used checking service with local authorities, would you recommend it?


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## Lorelli (Jan 6, 2012)

dref said:


> Hi
> Very bad news my wife today failed life in UK test, her spouse visa expires 14th of May 2013. Now we going to go for isol certificate.


There is no limit to the amount of times one can sit the LITUK test. She can always try it again after further revision.


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## dref (Mar 1, 2013)

Lorelli said:


> There is no limit to the amount of times one can sit the LITUK test. She can always try it again after further revision.


Thanks for your reply yes i know, her visa expiring soon so we have to apply for ILR.
Isol test is easier than LITUK. 
She has took Isol test a week ago just waiting for the results.

Can someone answer my previous questions please?

I have another new question, does she need to write a covering letter with the application?


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## dref (Mar 1, 2013)

I have booked an appointment for my wife with settlement checking service for Monday. I filled set (m) version 12/2012. I understand 6th of April the fee is going up to £1051. 
This form i filled in the fees showing £991.

Will there be a new set (m) form available to download or i can still use version 12/2012 set (m) form and just change the amount?


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## dref (Mar 1, 2013)

New indefinite leave to remain in the UK set (m) version 04/2013 ready to download from the home office UK border agency. There's not much difference between the two forms, the new one is 35 pages and the old one is 32 pages.


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## dref (Mar 1, 2013)

We had an appointment with settlement checking service a few days ago, the lady who was dealing with my wifes paperwork had no knowledge of immigration. She didn't know what she was doing, she wouldn't submit all the documents listed in the set (m) form also my income, covering letter, bank statements, our one year old daughters birth certificate etc. I had to pressure her to send those documents, i nearly walked out of the office. 

However the system itself is not that bad, you get all your original documents back except the esol with citizenship qualification certificate.

I do not recommend those services to anyone.


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## dref (Mar 1, 2013)

Applied for ILR on 8th of April via settlement checking service documents received on 9th of April by UK Border Agency fee taken out of the bank £1051 on 15th of April.

Does this mean the case is being processed and the next couple of weeks we will get a letter from UKBA for my wife to have biometric done at the post office and after a couple of weeks getting a letter about the ILR decision?


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## Joppa (Sep 7, 2009)

dref said:


> Applied for ILR on 8th of April via settlement checking service documents received on 9th of April by UK Border Agency fee taken out of the bank £1051 on 15th of April.
> 
> Does this mean the case is being processed and the next couple of weeks we will get a letter from UKBA for my wife to have biometric done at the post office and after a couple of weeks getting a letter about the ILR decision?


Not necessarily. Fees are collected by a commercial firm under contract with UKBA and doesn't mean your application is ready to be processed. All it means is it is passed to UKBA for the next stage, which is being allocated to an office that is going to process your application, and this can take some time. Once this is done, the next stage is request for biometrics, followed by actual processing. This last stage used to take many months because of past backlog, but recent indications are that this has now been cleared and people are often only waiting a month or so from biometrics to a decision.


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## dref (Mar 1, 2013)

Thanks Joppa for your reply.

Today we had a letter from UK Border Agency Liverpool dated 12/04/2013 ill put the contents of the letter below it may help someone. 

Quote
"Thank you for the application by the above-named on Form SET (M). It will now be passed to a casework unit to await consideration.

If there is any problem with the validity of the application, such as missing documentation, a caseworker will write to you as soon as possible to advise what action you need to take to rectify the problem. If there is an issue with the fee you have paid, your application will be deemed to be invalid and returned to you as soon as possible by post. You will be advised on what action you need to take to make a valid application. 

Our advise to all applicants is not to make any non-urgent travel plans until we have decided the application and returned the passports or travel documents.

We would appreciate it if you did not enquire about the progress of the application before you hear from us. It is not possible to make enquiries in person about the progress of an application at any of our Public Enquiry Offices.

Please note that our published service standard is that we aim to complete 99% of applications within 6 months. All applications are considered in application date order unless there are any compelling or compassionate reasons to prioritise.

If you need documents urgently, please telephone the number on this letter. Please allow 20 working days for us to return your documents. If you need your documents to travel urgently, in some circumstances you may be required to withdraw your application and a refund will not be provided.

UK Border Agency"


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## dref (Mar 1, 2013)

Hello, 
After 9 weeks applying for ILR, my wife had a letter from UKBA today to have biometrics done.

Is this a positive sign? will we hear from UKBA in a couple of weeks either way?


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## dref (Mar 1, 2013)

Hello 
My wifes application for indefinite leave to remain in the UK has been approved. She received yesterday Biometric residence permit.

Can anyone please answer my question. When can she apply for a british nationality?
Her Biometric residence permit was issued 12th of July 2013


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## Joppa (Sep 7, 2009)

Assuming you are a British citizen, now.


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## dref (Mar 1, 2013)

Joppa said:


> Assuming you are a British citizen, now.


Thanks for your reply Joppa. 
I am a British citizen she arrived in UK nearly two and a half years ago on spouse visa


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## Joppa (Sep 7, 2009)

Then as soon as she has been in UK for 3 years.


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## Simey (Dec 4, 2012)

A different question. Does anyone know in a general way how ILR can be renewed? Basically, I had ILR as I lived in the UK for 19 years (as a child and young adult). Then I returned to the US. A couple of years after that I entered the UK for a weekend trip and the immigration officer stamped my (by this time new) passport with a visa that said not valid for employment. That was about 20 years ago. 

Can I easily get ILR back without declaring an imminent plan to reside in the UK? I'm mainly worried about an elderly parent living in the UK. My residency plans could change suddenly. 

I could apply for UK citizenship (my mother was British) but even though that isn't that difficult, it feels odd to even consider.


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## nyclon (Apr 3, 2011)

Simey said:


> A different question. Does anyone know in a general way how ILR can be renewed? Basically, I had ILR as I lived in the UK for 19 years (as a child and young adult). Then I returned to the US. A couple of years after that I entered the UK for a weekend trip and the immigration officer stamped my (by this time new) passport with a visa that said not valid for employment. That was about 20 years ago.
> 
> Can I easily get ILR back without declaring an imminent plan to reside in the UK? I'm mainly worried about an elderly parent living in the UK. My residency plans could change suddenly.
> 
> I could apply for UK citizenship (my mother was British) but even though that isn't that difficult, it feels odd to even consider.


ILR expires after you have been out of the country for 2 years. There is a returning resident visa which is extremely difficult to qualify for and as you've been out of the country for 20 years your chances aren't great.

UK Border Agency | Returning residents

If you have the option of citizenship that is probably going to be your least difficult avenue.


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## Simey (Dec 4, 2012)

nyclon said:


> ILR expires after you have been out of the country for 2 years. There is a returning resident visa which is extremely difficult to qualify for and as you've been out of the country for 20 years your chances aren't great.
> 
> UK Border Agency | Returning residents
> 
> If you have the option of citizenship that is probably going to be your least difficult avenue.


Thanks very much for the information and the links. 

I see what you mean! If nothing else the forms are a lot easier for citizenship than ILR. I wouldn't know where to get half the information they ask for. "Please list all dates you received medical care in the UK." Yeah, from when I was two. It's right here in my calendar. 

But helpful info, and I do appreciate it.

Actually, it's also nice to know that I wasn't done an injustice when my previous status was taken from me. The immigration officer at the port of Felixstowe didn't have the courtesy to tell me he had done it. I found out a few days later when I happened to look at the stamp. But I guess he was following the rules, even if he was a bit of a jerk about it.


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## cheetos (Aug 15, 2011)

Been reading through this thread. Does one apply for ILR then, if approved, have an appointment for the biometrics to be done?


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## Joppa (Sep 7, 2009)

No. If you apply by post, after some wait (maybe a few weeks) you will be contacted and asked to give your biometrics. Then you wait until your case is processed and decision made. If you go to same-day premium service, your biometrics will be done in the same building.


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