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Clarifications please - ILR Tier 1 (General)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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soundar.pandi80
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Clarifications please - ILR Tier 1 (General)

Post by soundar.pandi80 » Sun Jul 19, 2015 2:08 pm

Hi All,


I am on Tier 1 - General Migrant visa now.

Iam using ILR SET O Form, please correct if iam using a incorrect form.

The following questions may be basic, but any reply would be helpful.

5.1 Is your home in the UK:
I am sharing it with my friend, so can i say - Owned or rented by a relative or friend?

5.2 Do you or your partner, or both, pay any rent or mortgage for your home? If so, how much do you pay each month ?
With reference from the previous question, I live in London. On a shared basis i pay *** GBP amount on a monthly basis to my friend. Can i use this amount *** GBP here ?

As a tier-1 general migrant, can i ignore the below section ?
You must complete all four of the boxes below if you are applying as a work permit holder; a Tier 2 (General) or a Tier 2 (Intra company transfer) migrant – (Your employer will be able to provide you with these details)

SOC code (or nearest applicable which best describes your employment) - Not sure what this is. I think this is not applicable to me.
Current rate of pay (hourly rate or annual salary) : I am a permanent employee for a company. Can i say my annual salary here ?
Number of hours this salary is based on : What should i say here ?
Number of weekly hours : 40
Rate of pay for this SOC code stated in the codes of practice (hourly rate or annual salary) : Not sure what should i be saying there ?

5.6 Complete the following table indicating the sources and levels of income as indicated in 5.1 - 5.5 that you and your partner are relying on to adequately maintain you and any dependents.
Here i should just specify my salary details, isn't it ?

5.7 Please give the start and end dates of the period of maternity, paternity or adoption-related absence (if you are still absent from the workplace due to maternity or adoption-related leave, the end date should be left blank).
Just curious why do they ask this ? I have been on a maternity leave and i went to India. Should i give the details and why do they ask this here ?

6.3 What evidence has been provided to support the reasons for all absences from the UK?
Should everybody fill in this ? I believe we should not fill in this. Please advise.

6.11 Please give the dates of any absences spent outside of the Crown dependencies and the UK
Should I fill in this ?

7.11. How long have you lived in the UK?
If iam applying for ILR a month before 5 year completes, can i say that i have lived here for 4 years 11 months ?

7.12 Please state what ties you have with:Country Social cultural or family ties
What should i say here ?
India - Family - Parents (Is this enough here ? or shoudl i provide more details ?)

Section 9B - Should i fill in this section or anyting before section 10 ?

Section 12B - Should i fill in anything from this section until section 13 ?


Thanks for all your help on this.

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CR001
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Re: Clarifications from SET O Form

Post by CR001 » Sun Jul 19, 2015 2:14 pm

I cannot answer all your Tier 1 G technical questions but will answer the first two you asked.
5.1 Is your home in the UK:
I am sharing it with my friend, so can i say - Owned or rented by a relative or friend?
This is a simple 'yes/no' question. So you only need to answer Yes.
5.2 Do you or your partner, or both, pay any rent or mortgage for your home? If so, how much do you pay each month ?
With reference from the previous question, I live in London. On a shared basis i pay *** GBP amount on a monthly basis to my friend. Can i use this amount *** GBP here ?
If you pay £200 and your friend pays £200, you only list what you pay. Your friend is not your partner or relative.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

soundar.pandi80
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ILR - Dependent Clarifications from Form

Post by soundar.pandi80 » Wed Jul 22, 2015 2:28 pm

1. Where do i find BRP Reference Number ?
2. Where do i find Visa Reference Number ?
3. Where can i find the home office reference Number ?
4. What is the reference number for the most recent application of the PBS main applicant you are dependant on? (ht)
What should i enter here ? Where can i find this reference #.

5. I am planning to go for a in person appointment for my ILR. And then do a postal Application for my dependants.
My Visa Valid from 4th Nov 2010
I arrived on 17th Nov 2010.

So when is the earliest i can apply for ILR (From Tier 1 General Migrant) ? Is it 1st Oct 2015 or 20th Oct 2015 (28 days before visa expiry) ? Please advise.

Is it ok to apply visa for my dependants via postal method even if i haven't received my BRP by just knowing that my ILR application was successful ?

Under Section M - About your Maintenance

Are you applying for leave at the same time as the PBS main applicant that you are dependant upon?
What should i say here if i havent yet received my BRP yet ? Or is it that we should apply ONLY after i receive my BRP. Kindly let me know.

M2; Under which category of the Points Based System is the main applicant applying?

If I am applying for ILR, what option should i be selecting here ? There is no ILR option here. Tier 1 (General) option is available. But iam applying for ILR. Can i select Tier 1 (General) ?

And this may be silly question, but going through the form is making me to ask this question,

To show the maintenance, is it ok to show the bank statement of Main Applicant ? This is not specified anywhere in the application.

Thank you in advance

soundar.pandi80
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Re: ILR - Dependent Clarifications from Form

Post by soundar.pandi80 » Fri Jul 24, 2015 11:32 am

Any response on this please ?

soundar.pandi80
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Section Absences Clarification

Post by soundar.pandi80 » Sat Jul 25, 2015 2:58 pm

Mods / Seniors -

I am on Tier 1 General (Main) now.
I am going to apply for my ILR soon with SET O Application form at a PEO. I am unable to understand if i should submit the employer letter for my absenses or not.

With reference to Section 6.2
My absences are as follows -

31/12/2011 04/02/2012 35 (Holidays)
30/09/2012 02/12/2012 63 (Sick + Holidays) 33 days holidays and 30 days sick
14/02/2014 08/03/2014 22 (Holidays)
10/04/2014 01/05/2014 21 (Holidays)


so in 2012 = 97 days (Sick + Holidays)
2014 = 43 days

In total my absences 140 days, spent out of UK in the last 5 years.

Now should i submit a letter from the employer for these absences ? I am not sure if my employer will provide me any letter regarding the same. But I have salary slips / bank statements for these absence period(s). All my absences including sick off's were paid holidays. Just to clarify again, i went on vacation to India, had a injury and extended my stay outside UK and that went out as a Sick Off's and they were all paid.

Extract from the SET-O application form :
Evidence of all work-related absences (including paid annual leave) is required from those applying under:
• Tier 1 (General);
I would really appreciate if someone could answer this please ?

Thank you

geriatrix
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Re: Clarifications from SET O Form

Post by geriatrix » Sat Jul 25, 2015 5:26 pm

Does the law require you to provide documentary evidence(s) of your absences from UK? Yes (245AAA(c)).
Should you do it? Up to you! Many don't and most get away with it. Will you? No one can say.
Life isn't fair, but you can be!

soundar.pandi80
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Re: Clarifications from SET O Form

Post by soundar.pandi80 » Sat Jul 25, 2015 5:33 pm

sushdmehta wrote:Does the law require you to provide documentary evidence(s) of your absences from UK? Yes (245AAA(c)).
Should you do it? Up to you! Many don't and most get away with it. Will you? No one can say.

Dear Sush,

for example, If my

My Visa Valid from 4th Nov 2010 and I came to UK first on 17th Nov 2010.

So when is the earliest i can apply for ILR (From Tier 1 General Migrant) ? Is it 1st Oct 2015 or 20th Oct 2015 (28 days before visa expiry) ? Please advise.

Where can I find this information please ?

geriatrix
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Re: Clarifications from SET O Form

Post by geriatrix » Sat Jul 25, 2015 5:51 pm

Life isn't fair, but you can be!

soundar.pandi80
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Re: Clarifications from SET O Form

Post by soundar.pandi80 » Sun Jul 26, 2015 2:30 pm

Dear Sushdmehta,

May be i have poor knowledge of English. Can you please advise on my query please ?

for example, If my

My Visa Valid from 4th Nov 2010 and I came to UK first on 17th Nov 2010.

So when is the earliest i can apply for ILR (From Tier 1 General Migrant) ? Is it 28 days before 4th Nove 2015 or 28 days before 17th Nov 2015. Please advise.

My understanding after going through the links / documents is that -
I can apply just before 28 days of my visa start date as I arrived to the UK within the 90 days of my first visa start date. So I can apply anytime after 7th September. Am I right ? Please correct me if iam wrong.

Response to this would be very helpful.

Thanks

soundar.pandi80
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Earliest I can apply for a ILR

Post by soundar.pandi80 » Sun Aug 02, 2015 1:54 pm

Please let me know when is the earliest i can apply for ILR ?

My Visa start date is on first week of September 2010. But I came to UK during the 3rd Week of September 2010. But i have my Tier 1 extenstion valid until 2017.

So when is the earliest i can apply for a ILR ?
Can I apply by the first week of August 2015 ? (considering 28 days rule to apply for a visa, that i arrived to UK within the 90 day period of my visa start date, i am ok to apply for a visa once i complete 4 years 11 months from my visa start date)
OR
Can I apply for ILR by the third week of August 2015 ? (considering 28 days rule to apply for a visa, to make sure i complete 4 years 11 months from my date of entry into UK)
OR
Should I apply for ILR after I fully complete 5 years, ie after 3rd week of September 2015 because i have my tier 1 visa valid until 2017 ?

Someone please advise. Thanks

soundar.pandi80
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Posts: 20
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Re: Earliest I can apply for a ILR

Post by soundar.pandi80 » Tue Aug 04, 2015 8:44 am

soundar.pandi80 wrote:Please let me know when is the earliest i can apply for ILR ?

My Visa start date is on first week of September 2010. But I came to UK during the 3rd Week of September 2010. But i have my Tier 1 extenstion valid until 2017.

So when is the earliest i can apply for a ILR ?
Can I apply by the first week of August 2015 ? (considering 28 days rule to apply for a visa, that i arrived to UK within the 90 day period of my visa start date, i am ok to apply for a visa once i complete 4 years 11 months from my visa start date)
OR
Can I apply for ILR by the third week of August 2015 ? (considering 28 days rule to apply for a visa, to make sure i complete 4 years 11 months from my date of entry into UK)
OR
Should I apply for ILR after I fully complete 5 years, ie after 3rd week of September 2015 because i have my tier 1 visa valid until 2017 ?

Someone please advise. Thanks

Any responses on this please ?

mjm9691
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Re: Clarifications please - ILR Tier 1 (General)

Post by mjm9691 » Tue Aug 04, 2015 9:23 am

Your September first week visa date as on passport minus 28 days.

soundar.pandi80
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Re: Clarifications please - ILR Tier 1 (General)

Post by soundar.pandi80 » Tue Aug 04, 2015 12:32 pm

mjm9691 wrote:Your September first week visa date as on passport minus 28 days.
hi mjm9691, thanks for your response.

Mods / Senior Boarders / Solicitors, Can you confirm this please ?

soundar.pandi80
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Travel Date in SET O Form

Post by soundar.pandi80 » Thu Aug 13, 2015 10:47 pm

I forgot my date of travel when i travelled back in 2011. Indian passport says immigration stamp on india's arrival indicates 12/08/2011 as date. But iam not sure if i left UK on 11th or 12th of August 2011.

What should i specify in my Set O Form ?? I dont have any thing to find out the travel date. I dont remember that happened like flight or time of arrival. It may be jet airways and that is all i remember and iam not sure about it too and it may be Indian Airlines as well. Iam not sure about it.

What date shoudl i specify now ?

soundar.pandi80
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Re: Clarifications please - ILR Tier 1 (General)

Post by soundar.pandi80 » Fri Aug 14, 2015 10:39 pm

any response please ?

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