Hi All This forum is quite popular and used by many.

However most questions are just repetitions of what has already been answered. So I have done some FAQs for ILR which would be a good post to start for all. Though below is more applicable for WP/Tier 1/HSMP holders there are some general pointers here as well and should be worth a read. I would like to ask moderators and senior members to add more FAQs to this post (particularly relating to traffic convictions and SET(M) / long stay applications. Can the mods make this a sticky? FAQs for ILR: Q - When does my ILR qualifying period start? A - There are two scenarios. One is that ILR qualifying visa (e.g. Work Permit, Tier 1, HSMP, etc) was obtained by switching into that category from another visa whilst still in UK. Second is that ILR qualifying visa was obtained out of country. For first case ILR clock starts from the day the passport was stamped with that visa. For second case ILR clock starts from the day when applicant first entered UK on that qualifying visa. E.g. If someone got Tier 1 visa from out of UK on 1st February 2006 and entered the UK for first time on 20th February 2006, then ILR clock starts from 20th February 2006. Q - What is the earliest day I can apply for ILR? A - One can apply no earlier than 28 days before the 2nd (family route) / 4th (HSMP before 03Apr-06) / 5th (other economic migrants) anniversary of either date of entry in the UK (overseas applications) or date of switching (in-country applications). In all cases, one must apply for ILR or for another visa before expiry of current visa. Q - My current leave as economic migrant expires before I complete the qualifying residential period. Can I apply for ILR? A - In general you need to arrange another visa before you can apply for ILR to complete required residency period. But, if you delayed your entry in UK by (at most) 3 months from date of issue of entry clearance and fall short of completing the residential qualifying period due to delayed entry in the UK, then one may apply for settlement before the current leave expires. Q - I am an economic migrant covered by HSMP JR. What exemptions apply to me, in context of settlement? A - 1. You are not subject to eligibility criteria (point based) that a Tier 1 (General) migrant is. 2. Your dependant(s) are exempt from the "(2 year) qualifying residential period" requirement. 3. You (and dependant(s), if any) are exempt from LITUK test. 4. You (and dependant(s), if any) are exempt from the new criminality threshold. Q - Does my spouse qualify with me for ILR? A - For old style WP holders and HSMP migrants covered by HSMP JRs, all (adult) dependants qualify for ILR along with main applicant irrespective of length of stay in UK (196E). For all other economic migrants (Tier 1 General), Tier 2), (adult) dependants must have lived in the UK for at least 2 years in a relationship akin to marriage or civil partnership. Q - Do I require P60s for all 5 years? A - It is advisable to have P60s as that is the easiest way to provide evidence of your ecomonic activness (for Tier 1 holders) and to confirm that your employment was in line with visa that was granted (for Work Permit holders). If you do not have P60s, then you can call HMRC and they can send you a letter showing your tax history and income for last 5 years. Usually the HMRC letter arrives within 2 weeks Q - Do I need employer letter from previous employers? A - You may be asked for this (especially for WP holders) so better to be prepared. If you can not get that letter (e.g. company closed down) then either call HMRC to get an employment

history for last 5 years or provide other evidence such as P60s/ Salary slips / bank statements confirming your employment. HMRC letter will take 3-4 weeks to arrive so plan in advance. Q - Maximum absences from the UK (economic migrants) A - This is one of the most unclear and contagious issues for ILR. Maximum allowable days out of UK are total 180 days over 5 years and not more than 90 days in a single trip. Applications with more absences than above will still be considered but will be at case workers discretion. Only principal migrant is subject to these requirements, not dependant(s). See also Indefinite leave to remain calculating continuous period in UK Q - How to count absences from UK? A - Absences are counted in "whole days". Day(s) of departure and arrival are not to be included when calculating (total) days of absence. Bank / public holidays and weekends are to be included in absences if one was absent from UK on such days. Q - What documents should I submit? A - This depends on your application and your circumstances. Provide documents listed in relevant section of the SET(O) /(M) form. For WP/Tier 1/ HSMP holders in general provide following: 1) Passports (including expired one if applicable) 2) Letter from Home office, which accompanied your visa (if you were issued one) 3) (For other than Tier 1 (General) migrants) 3-6 months bank statements and salary slips (the more the better, to be on a safe side) 4) Letter from employer (mandatory for WP holders, advisable for Tier 1/ HSMP). Templates are available in sticky posts at top of the forum 5) Letter from employer for absences out of UK (if over 180 days total of 90 days in single trip) 6) Life in UK test certificate (if appli cable) 7) Co-habitation documents for dependants (advisable ) e.g. bank statements, letters from hospital, driving licence Q - Do I need to take photocopies of documents submitted? A - It is not mandatory as caseworkers should make copies. However you may take them and offer them to case worker, who in turn may or may not accept that. Some case workers like it (as they dont have to do it themselves), some want to do their own copying. So it is entirely your decision. Whatever you decide will not have any effect on ILR. Q - What is the minimum salary requirements for ILR? A - For WP migrants and Tier 2 migrants, salary should be at least equal to that mentioned in the Code of Practice. For Tier 1 (General) migrants, points are awarded according to their previous earnings in a consecutive 12 month period (within 15 month window) preceding the application. Q - Is there a minimum balance required for ILR? A - No, there is no absolute minimum balance required. However it is advisable to show bank statements with some savings to demonstrate that you can support yourself (and dependants) if required. Q - When can I take Life in UK test? A - Test can be taken at any time prior to applying for ILR. It must be taken at least 2 working days before an in-person application to allow for result to be uploaded into database and subsequently for home office to check that during the appointment. However keep in mind that certificate given for passing the test is very important document. It is mandatory to provide this (where applicable) with your application and if you lose the certificate, you will need to take the test again. Q - Payment at PEO A - Most people pay be card (also option of paying by postal order). Best to call your bank in advance and let them know of the transaction due to happen. Also have bank contact numbers

ready in case card gets declined and you need to contact the bank. Only 100% sure way is to pay by postal order but that will cost money to get postal order. Most people do not have any problem paying by card. Q - Is it must to take dependants to ILR appointments at PEO? A - No, dependants do not need to accompany main applicant to the appointment, however you should make sure that when getting ILR appointment, it is for a family and not just one person. Q - Does premium appointment at PEO guarantee same day service? A - No. Although vast majority of cases are decided on the same day for PEO appointments, it is not a guarantee. There can be delay due to IT problems at home office, in which case you will be told the outcome of your application and then advised whether to come back in few days to collect the passport of they will send the passport by mail. In some cases, case worker may not be able to decide on your application on the day if they need to do more checks to satisfy themselves. In this case your application will be put in a queue and dealt with other postal applications. So there is a risk of losing money for not getting much (in fact getting more stress due to realising there may be a problem with your application). Q - Does my UK-born child qualify for british citizenship? A - Any child born in the UK, qualifies for British citizenship (using form MN1) once parents get ILR. So for example if you have a UK born child who is 6 months old and you are applying for ILR in 4 months time, then no need to get a home country passport for him/her or include him/her with ILR application. Once you get ILR, register your child as a British citizen (this is assuming that child does not need to travel out of UK in this time). Child born in the UK to either parent with settled status is British by birth. Q - Does post study visa count towards ILR? A - Yes and No. Post study visa (PSW / IGS / SEGS), student nurse or permit free training visas are not counted towards 5 year ILR residency. However if applying under 10 years long stay ILR category any legal stay in the UK (including those under above mentioned visas) can be considered.