# UK ILR dependent (Settlement) spouse and child visa from India - Urgent queries



## vaf4a_India (Jan 7, 2013)

Sorry for the long post, but I was not able to find answer to similar queries on the forum.

I have been working for the same employer since past 10 years. Although, I am on its India payroll, I was working in the UK most of the time. I received my UK ILR visa in 2011. After getting my ILR, I worked in India for my employer from Nov'11 to Jul'12.

My employer deputed me back to the UK in last week of July'12. From last week of July'12 onwards, the employer has been paying me 2 salary components:
1) Indian salary component converted to GBP and deposited to my UK bank account (net salary £14,000 per annum and this is called as Indian salary slip)
2) UK allowance component - this is also deposited to my same UK bank account (net allowance £22,800 per annum and this is called as UK allowance slips)
If I add these 2 components, my gross salary is approx. £50,000 per annum.

My wife and child are going to apply for ILR dependent (settlement) visa from India. I would really appreciate, if you help me with following queries:
1) When do my wife and child become eligible to submit the visa application - Is it 6 months after my entry to the UK (i.e. last week of January since I am working for the same employer) ?
2) What should I mention as my Gross Annual salary and which salary slips should I submit - UK, India or both ?
3) Should I get the salary slips signed and stamped by my employer ?
4) Since I travelled to the UK in last week of July, the July UK allowance component is the lowest (25% of normal monthly amount). As per UKBA Appendix FM-SE "The gross annual salary from their employment as it was at its *lowest* level in the 6 months prior to the date of application". Should I wait till my January UK allowance is received, so that I have 6 UK allowance slips (Aug to Jan) all of equal amount.
5) My old and new passport copies - should this be notarised by a solicitor ? If so, should all pages in passport be notarised ?
6) Since I had left the UK in Nov'11, a P45 form was generated for me for the year 2011/12. Should I submit this form with the application or will this be taken as a negative as I had left the UK for this period ? I have P60 forms from previous 2 years. As per Appendix FM-SE, submitting P60 is optional as per the current rules. 
7) Signed employment contract - Is this a must ? Again, as per Appendix FM-SE, this is optional as per current rules. My employment contract is 10 years old and it is with company's India payroll. I have another employer letter mentioning terms of my current UK deputation, can this be accepted as a ''signed contract' ?
8) I have rented a property, in addition to tenancy agreement, do I need to submit the inventory document which has reference to the number of rooms in the property ?
9) My wife has a degree, which is shown as 10 points on PBS calculator for English language. Do we still need to submit 'NARIC Statement of Comparability' ?
10) Should a Sponsorship Undertaking Form (SU07) be submitted along with the application. Although, this is not a requirement, I have read about some of the applications rejected without SU07 form.

Many Thanks for your help.


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## Joppa (Sep 7, 2009)

Your major problem is this stipulation in family migration route:
18 (c) UK and overseas travel, subsistence and accommodation allowances, and *allowances relating to the cost of living overseas *_will *not *be counted as income_.
http://www.ukba.homeoffice.gov.uk/s...DIs/chp8-annex/section-FM-1.7.pdf?view=Binary
So this puts your UK salary at £14,000, which is below the amount required. The only other way is to save up and keep (18600 - 14000) x 2.5 + 16000 = £27,500 in savings for 6 months. Together you will then meet the requirement. 

Your wife needs to pass an English test, as only a degree taught entirely in English will be exempt.


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## vaf4a_India (Jan 7, 2013)

Hi Joppa ,

Thanks for your quick reply.
1) I have a query on your calculation. If £14,000 is my India based pay, how will that be considered ?
2) I was under the impression that if I submit only my UK allowance slips, my annual net salary will be £22,800 per annum and this will be above the threshhold. My UK allowance per month shows £1500 as the 'Basic component' and £400 as 'designation component'
3) My P60 and P45 forms in the past have always shown amount higher than the threshhold of £22,400 - as they have combined both India and UK salary components.
4) My wife's degree was taught in English and it shows 10 points on PBS calculator. I believe in this case, the degree certificate alone be sufficient ?

Thanks again for your prompt response.


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## vaf4a_India (Jan 7, 2013)

vaf4a_India said:


> Hi Joppa ,
> 
> Thanks for your quick reply.
> 1) I have a query on your calculation. If £14,000 is my India based pay, how will that be considered ?
> ...


Hi Joppa ,

Do you have any comments on my updates in the post above.

Thanks


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## Joppa (Sep 7, 2009)

vaf4a_India said:


> Hi Joppa ,
> 
> Thanks for your quick reply.
> 1) I have a query on your calculation. If £14,000 is my India based pay, how will that be considered ?
> ...


I can see the points you are making, but since UKBA will disregard any overseas allowance (cost-of-living adjustment) you are being paid in UK, only £14,000 may be taken into account, which is too little. I can only go by what the rules say.



> 4) My wife's degree was taught in English and it shows 10 points on PBS calculator. I believe in this case, the degree certificate alone be sufficient ?


Entirely in English? You didn't make that clear. In that case it should be sufficient, and you should enclose original degree certificate as evidence.


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## vaf4a_India (Jan 7, 2013)

Hi Joppa ,

Thanks for explaining, I appreciate that UKBA can apply the logic you have mentioned. I would still go ahead and submit my UK salary slips along with a letter from employer on company's UK letterhead. 

Request you to please answer these queries in my original question:
3) Should I get the salary slips signed and stamped by my employer ?
4) Since I travelled to the UK in last week of July, the July UK allowance component is the lowest (25% of normal monthly amount). As per UKBA Appendix FM-SE "The gross annual salary from their employment as it was at its lowest level in the 6 months prior to the date of application". Should I wait till my January UK allowance is received, so that I have 6 UK allowance slips (Aug to Jan) all of equal amount.
5) My old and new passport copies - should this be notarised by a solicitor ? If so, should all pages in passport be notarised ?
6) Since I had left the UK in Nov'11, a P45 form was generated for me for the year 2011/12. Should I submit this form with the application or will this be taken as a negative as I had left the UK for this period ? I have P60 forms from previous 2 years. As per Appendix FM-SE, submitting P60 is optional as per the current rules. 
7) Signed employment contract - Is this a must ? Again, as per Appendix FM-SE, this is optional as per current rules. My employment contract is 10 years old and it is with company's India payroll. I have another employer letter mentioning terms of my current UK deputation, can this be accepted as a 'signed contract' ?
8) I have rented a property, in addition to tenancy agreement, do I need to submit the inventory document which has reference to the number of rooms in the property ?
10) Should a Sponsorship Undertaking Form (SU07) be submitted along with the application. Although, this is not a requirement, I have read about some of the applications being rejected without SU07 form.

Again, thank you very much !


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## Joppa (Sep 7, 2009)

vaf4a_India said:


> Hi Joppa ,
> 
> Thanks for explaining, I appreciate that UKBA can apply the logic you have mentioned. I would still go ahead and submit my UK salary slips along with a letter from employer on company's UK letterhead.


I strongly suggest you do NOT apply for a visa as I'm 99% certain you will be turned down, giving you a poor immigration record and making future applications more difficult. I suggest you consult a professional advisor. UKBA shows zero flexibility or discretion when applying the financial rules.

Your other questions can be left until you can fully meet the requirement.


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## vaf4a_India (Jan 7, 2013)

Joppa said:


> I strongly suggest you do NOT apply for a visa as I'm 99% certain you will be turned down, giving you a poor immigration record and making future applications more difficult. I suggest you consult a professional advisor. UKBA shows zero flexibility or discretion when applying the financial rules.
> 
> Your other questions can be left until you can fully meet the requirement.


Hi Joppa ,

For my case, considering the new clarifications on family settlement immigration rules which have been provided by Home Office on 6 April 2013, request you please review my case/queries again.

I am not able to post the URL link here (as I am a new member), but please refer to point 15(b) sub-point (i) from UKBA website link for immigrationrules -> appendix-fmse -> Appendix FM-SE - Family members - specified evidence

Does this mean, that both my UK and India salary components will now be considered for financial requirements ?

Thanks a lot.


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