Employee letter doubt

[bsc2007]

Dear forum,

I will be grateful if someone could help me with calculating/confirming the earliest date that the below 3 people can apply for indefinite leave to remain. This calculator may help: https://www.timeanddate.com/date/dateadd.html



Member 1 - me - simple :

Entered as student on: 19-Sep-2010
Got PSW on: 14-Aug-2012
Got Tier 2 G on: 15-Jan-2014
Tier 2 running out on: 14-Jan-2019
Current salary: £32,548
Salary from 01-Aug-2018: £35,551

Questions:
1. Can I apply for ILR using the same day result service on 18-Dec-2018 - given that I can apply up to 28 days before completing 5 years?
2. Is my salary increment comfortably in time? What proof of income do I need to submit? I get payslip at end of each month.
3. Do I need to give Life in UK or any such test for ILR?



Member 2 - my wife - complicated :

Entered UK as student on: 19-Sep-2010
Left UK as student on: 26-Oct-2012
Married and RE-entered as my dependent on: 14-Jun-2014 (visa from 10-Jun-2014)
Tier 2 dependent running out on: 14-Jan-2019

Additional info:
Big break: Took maternity leave and went to India from 21-Feb-2016 to 23-Aug-2016 (184 days)
Tax-payer: Working in my team and paying taxes from Sep-2014. Have paid taxes before when she was on student visa.

Questions:
1. What is the earliest date my wife can apply for ILR?
2. Is it worth if she applies for postal ILR in 1st week of Jan-2019? She will be 5 months short of completing 5 years. This will save us money for 1 visa application.
3. Does the fact that she has spent 2+ years in UK as a student make any difference?
4. If its not worth taking a risk, on which visa will she get her extension to remain in UK?
5. Should we worry about 184 days gap? Will medical note be needed?


Member 3 - my daughter - I dont know! :

Born in India on: 17-May-2016
Got Tier 2 dependent visa from: 17-Aug-2016
Entered UK on: 23-Aug-2016

Questions:
1. Can my daughter apply for British passport after I get ILR?
2. If not:
2.1 When can she apply for ILR?
2.2 In which category does she need to apply for the extension?



Thank you for your help in advance.



Best wishes,
B

[CR001]

Member 1 - me - simple :

Entered as student on: 19-Sep-2010
Got PSW on: 14-Aug-2012
Got Tier 2 G on: 15-Jan-2014
Tier 2 running out on: 14-Jan-2019
Current salary: £32,548
Salary from 01-Aug-2018: £35,551

Questions:
1. Can I apply for ILR using the same day result service on 18-Dec-2018 - given that I can apply up to 28 days before completing 5 years?
2. Is my salary increment comfortably in time? What proof of income do I need to submit? I get payslip at end of each month.
3. Do I need to give Life in UK or any such test for ILR?

1. You can apply WITHIN 28 days, it does not have to be exactly on the 28th day.
2. Is everyone else in the company going to get a £3000 salary increase??
3. Yes and meet the English requirement.

[CR001]

Member 2 - my wife - complicated :

Entered UK as student on: 19-Sep-2010
Left UK as student on: 26-Oct-2012
Married and RE-entered as my dependent on: 14-Jun-2014 (visa from 10-Jun-2014)
Tier 2 dependent running out on: 14-Jan-2019

Additional info:
Big break: Took maternity leave and went to India from 21-Feb-2016 to 23-Aug-2016 (184 days)
Tax-payer: Working in my team and paying taxes from Sep-2014. Have paid taxes before when she was on student visa.

Questions:
1. What is the earliest date my wife can apply for ILR?
2. Is it worth if she applies for postal ILR in 1st week of Jan-2019? She will be 5 months short of completing 5 years. This will save us money for 1 visa application.
3. Does the fact that she has spent 2+ years in UK as a student make any difference?
4. If its not worth taking a risk, on which visa will she get her extension to remain in UK?
5. Should we worry about 184 days gap? Will medical note be needed?

1. No sooner than WITHIN 28 days before 14th June 2019.
2. No, she will be refused as she does not meet the 5 years residence requirement, calculated from date of ENTRY for PBS Dependents. You will need to apply for an extension, which will be a 3 year extension and you will have to pay the visa fee and immigration health surcharge.
3. No it does not as student visas do not count for ILR based on 5 years residence.
4. PBS Dependent.
5. There is NO absence limit for PBS Dependents.

[CR001]

Member 3 - my daughter - I dont know! :

Born in India on: 17-May-2016
Got Tier 2 dependent visa from: 17-Aug-2016
Entered UK on: 23-Aug-2016

Questions:
1. Can my daughter apply for British passport after I get ILR?
2. If not:
2.1 When can she apply for ILR?
2.2 In which category does she need to apply for the extension?

1. No, she requires ILR and can only apply when EITHER parent is also applying or is already British. She has not entitlement to register as British if she was born in India.
2.
2.1 She will qualify at the same time as her mother.
2.2 Same as mother - PBS Dependent.

[bsc2007]

Member 1 - me - simple :

Entered as student on: 19-Sep-2010
Got PSW on: 14-Aug-2012
Got Tier 2 G on: 15-Jan-2014
Tier 2 running out on: 14-Jan-2019
Current salary: £32,548
Salary from 01-Aug-2018: £35,551

Questions:
1. Can I apply for ILR using the same day result service on 18-Dec-2018 - given that I can apply up to 28 days before completing 5 years?
2. Is my salary increment comfortably in time? What proof of income do I need to submit? I get payslip at end of each month.
3. Do I need to give Life in UK or any such test for ILR?

1. You can apply WITHIN 28 days, it does not have to be exactly on the 28th day.
2. Is everyone else in the company going to get a £3000 salary increase??
3. Yes and meet the English requirement.

Reg 2: Only a few (of about 6000 employees) will get £3000 increment. I work for a university which follows a nationally agreed scheme for yearly increment. This means that we get exact 'spine point increase' every 1st August. Thus, there will be several people who get an increment, along with very few that may be getting £3000 increment like myself. For example, I will be moving from spine 30 to spine 33 as tabled here: https://intranet.birmingham.ac.uk/hr/do ... ademic.pdf. There may be additional 1%-2% salary increase with inflation after Aug-18 but before Dec-18...

[bsc2007]

Member 2 - my wife - complicated :

Entered UK as student on: 19-Sep-2010
Left UK as student on: 26-Oct-2012
Married and RE-entered as my dependent on: 14-Jun-2014 (visa from 10-Jun-2014)
Tier 2 dependent running out on: 14-Jan-2019

Additional info:
Big break: Took maternity leave and went to India from 21-Feb-2016 to 23-Aug-2016 (184 days)
Tax-payer: Working in my team and paying taxes from Sep-2014. Have paid taxes before when she was on student visa.

Questions:
1. What is the earliest date my wife can apply for ILR?
2. Is it worth if she applies for postal ILR in 1st week of Jan-2019? She will be 5 months short of completing 5 years. This will save us money for 1 visa application.
3. Does the fact that she has spent 2+ years in UK as a student make any difference?
4. If its not worth taking a risk, on which visa will she get her extension to remain in UK?
5. Should we worry about 184 days gap? Will medical note be needed?

1. No sooner than WITHIN 28 days before 14th June 2019.
2. No, she will be refused as she does not meet the 5 years residence requirement, calculated from date of ENTRY for PBS Dependents. You will need to apply for an extension, which will be a 3 year extension and you will have to pay the visa fee and immigration health surcharge.
3. No it does not as student visas do not count for ILR based on 5 years residence.
4. PBS Dependent.
5. There is NO absence limit for PBS Dependents.

Reg 2: Do we need to pay health surcharge for 3 years even if she practically require visa only for 4 months? If yes, do they issue any refund after getting ILR?
Reg 5: This is very relieving.

[bsc2007]

Member 3 - my daughter - I dont know! :

Born in India on: 17-May-2016
Got Tier 2 dependent visa from: 17-Aug-2016
Entered UK on: 23-Aug-2016

Questions:
1. Can my daughter apply for British passport after I get ILR?
2. If not:
2.1 When can she apply for ILR?
2.2 In which category does she need to apply for the extension?

1. No, she requires ILR and can only apply when EITHER parent is also applying or is already British. She has not entitlement to register as British if she was born in India.
2.
2.1 She will qualify at the same time as her mother.
2.2 Same as mother - PBS Dependent.

My daughter (although conceived in UK), entered UK for the first time on 23-Aug-2016. Will she get ILR in the SAME application as my wife gets ILR (in Jun-2019)? She will be in UK for just less than 3 years by then. Will she have to do a separate application AFTER my wife has ILR?

[CR001]

Member 1 - me - simple :

Entered as student on: 19-Sep-2010
Got PSW on: 14-Aug-2012
Got Tier 2 G on: 15-Jan-2014
Tier 2 running out on: 14-Jan-2019
Current salary: £32,548
Salary from 01-Aug-2018: £35,551

Questions:
1. Can I apply for ILR using the same day result service on 18-Dec-2018 - given that I can apply up to 28 days before completing 5 years?
2. Is my salary increment comfortably in time? What proof of income do I need to submit? I get payslip at end of each month.
3. Do I need to give Life in UK or any such test for ILR?

1. You can apply WITHIN 28 days, it does not have to be exactly on the 28th day.
2. Is everyone else in the company going to get a £3000 salary increase??
3. Yes and meet the English requirement.

Reg 2: Only a few (of about 6000 employees) will get £3000 increment. I work for a university which follows a nationally agreed scheme for yearly increment. This means that we get exact 'spine point increase' every 1st August. Thus, there will be several people who get an increment, along with very few that may be getting £3000 increment like myself. For example, I will be moving from spine 30 to spine 33 as tabled here: https://intranet.birmingham.ac.uk/hr/do ... ademic.pdf. There may be additional 1%-2% salary increase with inflation after Aug-18 but before Dec-18...

Should be ok then if your sponsor is able to justify it as a company wide increment increase.

[CR001]

Member 2 - my wife - complicated :

Entered UK as student on: 19-Sep-2010
Left UK as student on: 26-Oct-2012
Married and RE-entered as my dependent on: 14-Jun-2014 (visa from 10-Jun-2014)
Tier 2 dependent running out on: 14-Jan-2019

Additional info:
Big break: Took maternity leave and went to India from 21-Feb-2016 to 23-Aug-2016 (184 days)
Tax-payer: Working in my team and paying taxes from Sep-2014. Have paid taxes before when she was on student visa.

Questions:
1. What is the earliest date my wife can apply for ILR?
2. Is it worth if she applies for postal ILR in 1st week of Jan-2019? She will be 5 months short of completing 5 years. This will save us money for 1 visa application.
3. Does the fact that she has spent 2+ years in UK as a student make any difference?
4. If its not worth taking a risk, on which visa will she get her extension to remain in UK?
5. Should we worry about 184 days gap? Will medical note be needed?

1. No sooner than WITHIN 28 days before 14th June 2019.
2. No, she will be refused as she does not meet the 5 years residence requirement, calculated from date of ENTRY for PBS Dependents. You will need to apply for an extension, which will be a 3 year extension and you will have to pay the visa fee and immigration health surcharge.
3. No it does not as student visas do not count for ILR based on 5 years residence.
4. PBS Dependent.
5. There is NO absence limit for PBS Dependents.

Reg 2: Do we need to pay health surcharge for 3 years even if she practically require visa only for 4 months? If yes, do they issue any refund after getting ILR?
Reg 5: This is very relieving.

2. Yes you have to pay IHS for 3 years. No you won't usually get a refund. You will have paid for the visa length granted. You choose to apply sooner for ILR not HO.

[CR001]

Member 3 - my daughter - I dont know! :

Born in India on: 17-May-2016
Got Tier 2 dependent visa from: 17-Aug-2016
Entered UK on: 23-Aug-2016

Questions:
1. Can my daughter apply for British passport after I get ILR?
2. If not:
2.1 When can she apply for ILR?
2.2 In which category does she need to apply for the extension?

1. No, she requires ILR and can only apply when EITHER parent is also applying or is already British. She has not entitlement to register as British if she was born in India.
2.
2.1 She will qualify at the same time as her mother.
2.2 Same as mother - PBS Dependent.

My daughter (although conceived in UK), entered UK for the first time on 23-Aug-2016. Will she get ILR in the SAME application as my wife gets ILR (in Jun-2019)? She will be in UK for just less than 3 years by then. Will she have to do a separate application AFTER my wife has ILR?

She can apply at the same time as your wife. There is no minimum residence requirement for small children.

[bsc2007]

Dear CR001,

Many thanks for all your prompt responses. I deeply appreciate. We have a clearer understanding now and can plan accordingly. I accept your authority when it comes to rules for the absence of PBS dependents (although there are confusing threads due to changing rules).

I sometimes wonder where would we have been without immigration boards! Thanks a lot!

Best wishes,
B

[CR001]

There was an absence limit change implemented for PBS Dependents but HO removed it again after a couple of months, so as it is now, there is no absence limit.

Feel free to ask any further questions you might have in this thread.

Good luck.

[bsc2007]

Member 3 - my daughter - I dont know! :

Born in India on: 17-May-2016
Got Tier 2 dependent visa from: 17-Aug-2016
Entered UK on: 23-Aug-2016

Questions:
1. Can my daughter apply for British passport after I get ILR?
2. If not:
2.1 When can she apply for ILR?
2.2 In which category does she need to apply for the extension?

1. No, she requires ILR and can only apply when EITHER parent is also applying or is already British. She has not entitlement to register as British if she was born in India.
2.
2.1 She will qualify at the same time as her mother.
2.2 Same as mother - PBS Dependent.

My daughter (although conceived in UK), entered UK for the first time on 23-Aug-2016. Will she get ILR in the SAME application as my wife gets ILR (in Jun-2019)? She will be in UK for just less than 3 years by then. Will she have to do a separate application AFTER my wife has ILR?

She can apply at the same time as your wife. There is no minimum residence requirement for small children.

My wife and daughter will apply for the Tier 2 dependent visa extension in Jan-2019. If successful, their extension will go beyond Jan-2022. I plan to apply for British Citizenship around January 2020. My wife may apply for ILR in May-2019 and for BC later - say after Jul-2020 (we are still unsure about my wife's applications).

Can my daughter directly apply for BC when I am applying for BC or when my wife is applying for BC (whilst she is still on T2 G dependent)? In this way, we can save the fees required for her ILR application..?

[CR001]

Children born abroad require ILR before they can apply for citizenship as has already been advised.

[bsc2007]

Okay, thanks. I was hoping that if both parents have British passports, then there could be a way to directly apply for the BC of the child. I'm repenting the decision to go outside UK for her birth now.

[bsc2007]

I'm sorry in advance if this post is annoying... I am exploring if there is any way that I can save on some of the UKVI extortion money? (Wanted to open a new thread as the subject has now become misleading).

I think I have some slim chances based on the following options. Are they worth considering? Is there any other way?

Option 1: Purposeful delays

1. Apply by post for my ILR and my wife and daughter's extension towards the end of our current visa (say 10-Jan-2019).
2. Add a covering letter requesting to consider wife and daughter's extension AFTER my ILR is successfully granted.
3. Use delaying tactics such as paying T2G shortage occupation fees instead of T2G and paying IHS only for 6 months.
3. Submit biometrics only 1-2 days before the last date for enrollment. Pay the fee difference only 1-2 days before the deadline.
4. Skip sending some documents for my application as well as my dependent's application - and send it after the UKVI asks for it. I am not sure which one though!
5. If the delay is enough to stretch from 14-Jan-2019 to 18-May-2019, then submit an application to vary the T2G dependent extension to ILR application!
6. Thus save between £2604-£3808 required for the 4 months of extension. (£1200 difference if the IHS fee is increased before our application).

Disclaimer: My ILR application is non-complex. I am working for the same reputed employer for the past 6 years.


Option 2: There I go again!

Save between £2389-£3500 by directly applying for BC for my daughter hoping for a discretion based on the facts that:
1. Her parents were on Tier 2 and paying taxes considerably before the mother went to India for her delivery (only saved NHS some money!).
2. Both parents hold a British passport.
3. If she has any siblings post May-2019 then they will be going for British passport (as father already has ILR at time of the birth).

Disclaimer: Daughter may visit India for 1-2 months in Nov-Dec 2019.


Moaning:
A rough calculation is suggesting that it is going to cost me between £15000 to £20000 to get a British passport for all 3 of us. This is equivalent to 2 years of our savings. The rent, taxes, energy, car-insurance, exorbitant childcare costs mean that we are unable to save money. Apart from the 3 mandatory visits to India, we haven't had any holidays or freed ourselves to buy or do things (even though they would not be considered being extravagant - all my clothes are <£10 and I have never bought a new phone in past 8 years for example!). We still have to repay my wife's education loan that she has borrowed from a relative. Albeit, we have been able to repay some other loans and fulfilled some of our responsibilities towards my family back home and our daughter - so it's not all that bad. However, buying a house in the UK seems to be an impossible dream. The rent is more than what I would have to pay for the mortgage of the same house! Life is so different for my British colleague with similar pay-scales. Straight mortgage applications - the lenders don't even allow me to apply! My car insurance goes down by 30% if I say I was born in UK rather than entered the UK in 2010. In India they think that the expatriates are minting money. In terms of savings - its exactly opposite. I'm saving the least amongst all my cousins and siblings.
Sorry - I'm done. Thanks for listening to my moaning.

[CR001]

Save between £2389-£3500 by directly applying for BC for my daughter hoping for a discretion based on the facts that:

The case you are linking is not the same as yours. The original poster is asking abaout BC for a child born IN the UK and NOT abroad. A UK born child has an entitlement to register, a child born abroad does not.

There have been many cases of refusals for children with parents trying to save funds in the way you are trying to.

[bsc2007]

Save between £2389-£3500 by directly applying for BC for my daughter hoping for a discretion based on the facts that:

The case you are linking is not the same as yours. The original poster is asking abaout BC for a child born IN the UK and NOT abroad. A UK born child has an entitlement to register, a child born abroad does not.

There have been many cases of refusals for children with parents trying to save funds in the way you are trying to.

I see. Sorry for misreading. If there's no hope despite my circumstances (of giving birth abroad while parents are normally UK resident) then I will have to accept this fact of life.


I am unable to determine how much time it takes for a postal ILR application for my situation. There isn't enough information on the ILR timelines to be able to make any guesses (people forget to contribute back after gaining their freedom I think). I understand that there cannot be any answer to this - but do you think its worth trying the delaying tactics or is it just my mind playing tricks?


Also, when are we expecting the rise in IHS fees? I dont think the ILR fees will increase for another year (as it has just increased on 08-Oct-2018).

[CR001]

I am unable to determine how much time it takes for a postal ILR application for my situation. There isn't enough information on the ILR timelines to be able to make any guesses (people forget to contribute back after gaining their freedom I think). I understand that there cannot be any answer to this - but do you think its worth trying the delaying tactics or is it just my mind playing tricks?

You risk both being refused. HO does not always ask for 'additional documents' which you want to purposefully avoid submitting. You risk all applications being refused. ILR by post can be as quick as a few weeks but can also take as long as 6 months or more. You also won't be able to simply pay 6 months IHS, the visa extension is 3 years and the IHS will be based on that.

Also, when are we expecting the rise in IHS fees? I dont think the ILR fees will increase for another year (as it has just increased on 08-Oct-2018).

ILR fees did NOT increase on 8th October. IHS scheduled to increase in December if approved by MPs.

announcements/ihs-increase-announcement-t265529.html

[bsc2007]

You risk both being refused. HO does not always ask for 'additional documents' which you want to purposefully avoid submitting. You risk all applications being refused. ILR by post can be as quick as a few weeks but can also take as long as 6 months or more. You also won't be able to simply pay 6 months IHS, the visa extension is 3 years and the IHS will be based on that.

So in conclusion there isn't any way to circumnavigate the fees. I'm feeling very sad about all this.

ILR fees did NOT increase on 8th October. IHS scheduled to increase in December if approved by MPs.

announcements/ihs-increase-announcement-t265529.html

I thought that the fees only increased on 8th Oct.

On what date of December will make a difference of £1200 for me. I will apply by post on 19th December.


THANKYOU again!

[CR001]

If you read the fee sheet, not all fees have been increased, ILR being one that has not increased.

My second link gives you the HO announcement on IHS fees. No one can tell you at this stage when in December it will be.

Circumnavigating the fees is not usually wise, HO often can and will simply notify you of an invalid application due to non payment of correct fees. You could also experience delays in postal services etc and then you would really have a problem if you don't get the letters in time.

I believe trying to 'buy time' till May will likely be impossible. Remember that HO is fully aware of all tactics applicants use to 'buy time'. Set(O) postal usually takes about 8 weeks and the same or less for a PBS Dependent extension.

Your spouse and child of course do not have to apply for ILR immediately once they reach 5 years, they could wait a bit longer and apply at any point.

[bsc2007]

Yes, I read that by comparison the fees for ILR and T2G dependent hasn't increased. I had reckoned £2389 for my ILR application few months back.

One of my previous replies already included the link to your announcement of increase in IHS fees. All that I can do is hope that it happens after 19-Dec. I would have thought that they give few months before the actual ratification (although the announcement has been done several months back).

Your last response has made it crystal clear that there is absolutely no chance to 'buy time'. Yes, I think it will take some time for my wife and daughter's ILR application. Need to save enough before the application!

I haven't dived into the process of getting a nationality/BC/British passport, but based on what I have read, I reckon that it will take about £1500 per person as of now to go from ILR to having a British passport. I will have to factor this into my savings/loan plans...

[CR001]

The most recent link I posted about Ihs was published this week by HO.

All fees for all applications increase in April every year, so plan accordingly.

[bsc2007]

6. Thus save between £2604-£3808 required for the 4 months of extension. (£1200 difference if the IHS fee is increased before our application).

Yep, exactly that post.

As of now, it is £2389 + £2606 + (£2389x2) + (£1500x3). In addition, about £1200 for IHS increase + ILR increase in April. And other stuff like LITUK, Biometric, posts, etc. Wondering whether I should instead start a shop in my hometown in India!

I assume that £1500 is about correct overall for nationality, ceremony and British passport.

[CR001]

What is the breakdown of your £2606 figure??

Citizenship currently costs £1330 per adult, which includes the ceremony fee. Passport is £82 roughly.

Children registration as citizenship is £1022 plus passport fee.

There is of course no need to apply for British citizenship immediately and you could wait a couple of years.