ILR Under Long Term Residence Route

[tier2ictvisa2010]

Hi There

Appreciate your expertise advise on the following matter.

I came to the UK on a C-Visit-Business visa on 27th June 2010. I then left the UK on 11th September 2010 and came back to uk on 10th October 2010 obtaining a Tier 2 ICT visa (Visa was stamped 23rd Septmber 2010). Since then I have been extending my Tier 2 ICT visa in country (Whilst living and working in uk) with same sponsor. The visa is currently Valid until Novmeber 2023. I travel out of the country often due to the nature of my job but I haven't ever been out of the country for over 180days in any one go. Nor have I exceeded 540days as a total away from the uk since I came to uk (Not even close).

1) Pls help confirm I will be eligible to Apply for ILR in 2020
2) If so can apply 28days prior to 27th June 2020 or 28days prior to 10th October 2020

Many Thanks in advance for your reply

[zimba]

1- Yes
2- Depends if you had visa when you left the UK on 11 Sep 2010.

[tier2ictvisa2010]

Hi Zimba Many Thanks for your reply. My Original C Visit business visa was valid from 24th May 2010 to 24th November 2010. Pls help advise when I could apply for ILR
Many Thanks

[zimba]

Yes you can

[tier2ictvisa2010]

Thanks Zimba
Pls can you help confirm when earliest I can apply for ILR by. Is it 28days prior to 27th June 2020?

[CR001]

Thanks Zimba
Pls can you help confirm when earliest I can apply for ILR by. Is it 28days prior to 27th June 2020?

Yes, no sooner than within 28 days before the 10th anniversary of the date you entered the UK.

[tier2ictvisa2010]

Thanks a lot for the clarification...

[tier2ictvisa2010]

Hi, There Experts,

I appreciate your advice on the following.

My History in the Uk -
I originally came to the UK on a C-Visit-Business visa on 27/06/2010 (Visa was valid from 24/05/2010 to 24/11/2010). I then left the UK on 11/09/2010 and came back to the UK on 10/10/2010 obtaining a Tier 2 ICT visa (Visa was stamped 23/09/2010 and was valid until 29/10/2012). Since then I have been extending my Tier 2 ICT visa in-country (Whilst living and working in the UK) with the same sponsor. The visa is currently Valid until 14/01/2022 and I am still working with the same sponsor. I used to travel out of the country often due to the nature of my job but I haven't ever been out of the country for over 180days in one go. Nor have I exceeded 540days as a total away from the UK since I came to UK (Not even close).

My Spouses History in the Uk -
My Spouse originally came to the UK on 10/10/2010 obtaining a D - Tier 4 (GENERAL) STUDENT Visa (Visa was stamped 02/09/2010 and valid until 17/08/2011). She then left the uk on 27/03/2011 and returned back to the UK on 16/07/2011 under a D-TIER 2 PARTNER Visa (Visa stamped from 15/06/2011 to 29/10/2012). Since then she has been extending visa in-country as my department whilst living in the UK with me. Her visa is currently Valid until 14/01/2022 (Same duration as me) as a PBS Dependent. She is currently not employed. And she too hasn't been out of the country for over 180days in one go. Nor exceeded 540days as a total away from the UK since she came to UK.

Questions as follows

1) Based on the above, my understanding is that I can apply for ILR on 30th/31st May 2020 which is no sooner than within 28 days before the 10th anniversary of the date I entered the UK. Pls, confirm this understanding is still correct?

2) The following are the requirements I've found on gov.uk for me to be eligible to apply. Pls confirm correct?
a) be in the UK legally for 10 years
b) kept to the terms of my UK visa
c) pass the Life in the UK Test
d) prove I have sufficient English language skills
e) Have Continuous residence without gaps (with the exception of 180 days at a time and 540 days in total)

3) Pls, can you help advise what other documentation is generally needed? For example, will I need to provide,
a) Letter from Employer confirming I am employed by them along with all employment details
b) Show any funds if so how much
c) Provide Salary Slips / Bank Statements
d) any other documents?

4) Understand super priority service is no longer available until further notice. Also noted that standard route decisions can take up to 6 months. Is it advisable to go ahead and apply under the standard route? Just want to know if it actually takes 6 months if the application is straight forward (fully understand this will vary based on the applicant - just wanted to know the general lead time)

5) In my spouse's case - my understanding is that the earliest she can apply to settle under Long term residence will be the 12th September 2020 (no sooner than within 28 days before the 10th anniversary of the date she entered the UK). This means she is not eligible to apply at the same time as me.

However, reading through further I read that a partner can apply to remain in the UK as the partner of a settled person" if my application is successful. Is this correct?

6) If the answer to question 5 is yes then, pls can you advise what happens during the transition period between me getting my ILR and her applying after my application is successful? Does her PBS Dependent visa expire the day I get my ILR or will it still be valid until 14/01/2022? Basically want to know that she will have the right to apply to settle whilst being in the UK after I get my ILR, if so how long does she have to submit her application after I get ILR?

7) What are the eligibility/documentation requirements for my spouse? Will she need to prove sufficient English Language skills, Do the Life in the UK test, prove that she has continuous residence without gaps (with the exception of 180 days at a time and 540 days in total)?

Apologies for the lengthy message. I wanted to cover as many questions as possible.

Many thanks for your help
Kind Regards

[CR001]

Topics merged!!!

Please do NOT post new topics about ILR in the tier 2 sub forum!!!

1. Hasn't this already been answered when you asked previously?? The answer doesn't change.

2. Correct.

3. You don't need any if that.

4. Standard applications take between 8 weeks and up to 6 months, sometimes longer. Your choice if you want to apply now or wait.

5. She has to wait till she meets the long residnece requirment. She cannot apply to settle on form SET M as the spouse of someone settled as she does not hold the qualifying FLR M spouse visa for 5 years to allow her to apply for ilr as the spouse of someone settled. She can apply to change to FLR M once you get ILR which will a 2.5 year visa or simply apply for ILR long residence when she meets the requirements and has a valid visa.

6. No, her PBS dependent visa doesn't simply expire because you get ILR. She can apply for long residence ilr when she meets the requirements. ILR long residence is not dependent on you at all. Each person applying for long residence ilr must meet all the requirements individually on their own.

7. Yes she needs to meet all the same requirements.

[tier2ictvisa2010]

Dear CR001, Thanks very much for your reply.

Also Thanks for merging the two topics. Apologies I have posted a new topic in a subforum - not done intentionally - I was under the impression when you click "new topic" from wherever it goes as a brand new topic. Also, my previous topic (the one you merged) showed it was locked. I couldn't find a way to post a reply or create a new topic. For future purposes please can you advise how I post a reply on one of my previous topics if the status of them shows locked? Also if I am to post a brand new topic - how can I do this without going through a subforum. Sorry for asking - the explanations on FAQ wasn't very clear to me.

Points 1 / 2 / 3 / 4 / 5 & 7 - All clear Thanks very much for your advice

6) Noted her PBS dependent visa doesn't expire because I get ILR. That's a big relief. Also noted she will have to apply for long residence ilr when she meets the requirements. Pls can you help advise on the below?

a) Pls advise if this means her existing PBS Depency visa will continue to be valid until 14/01/2022 (or until the day I continue to work with existing my sponsor if that date is earlier). If not either, then how long will her existing PBS Dependent visa will be valid until? Just wanted to know when latest she can basically apply for ILR
b) Based on the details I have provided below for my spouse, please confirm the earliest date she can apply for ILR is 12th September 2020? (no sooner than within 28 days before the 10th anniversary of the date she entered the UK)
c) We are quite positive that she hasn't stayed for over 180days out of the uk in one go. But she needs to double-check records to reconfirm if the total 540days hasn't exceeded during the 10yrs. In the event, it has - will this be a problem? If so what other ways will she have around this? (Hopefully, she hasn't exceeded this - we are checking as we speak)

8 ) (New point) Regarding proof of English Language Skills requirement - I did a test back in 2012 (PTE ACADEMIC) during the time I had to extend my visa. Is there a way of finding out if this is still valid. If not what is recommended as the quickest test to take

Many Thanks

[tier2ictvisa2010]

Hi Char , Pls can you help advise on points 6a and 8? Many Thanks

[CR001]

6) Noted her PBS dependent visa doesn't expire because I get ILR. That's a big relief. Also noted she will have to apply for long residence ilr when she meets the requirements. Pls can you help advise on the below?

a) Pls advise if this means her existing PBS Depency visa will continue to be valid until 14/01/2022 (or until the day I continue to work with existing my sponsor if that date is earlier). If not either, then how long will her existing PBS Dependent visa will be valid until? Just wanted to know when latest she can basically apply for ILR
b) Based on the details I have provided below for my spouse, please confirm the earliest date she can apply for ILR is 12th September 2020? (no sooner than within 28 days before the 10th anniversary of the date she entered the UK)
c) We are quite positive that she hasn't stayed for over 180days out of the uk in one go. But she needs to double-check records to reconfirm if the total 540days hasn't exceeded during the 10yrs. In the event, it has - will this be a problem? If so what other ways will she have around this? (Hopefully, she hasn't exceeded this - we are checking as we speak)

6a. Yes, provided she does not travel out of the UK or has her visa curtailed by HO.
6b. Yes, if that is within 28 days before the 10th anniversary of the date she entered the UK.
6c. Yes it will be a problem. She won't qualify for long residence ILR if she has gone over the 540 days in the whole 10 years or has had any single absence of 180 days or more. Her application will be refused and you will lose the fee paid.

8 ) (New point) Regarding proof of English Language Skills requirement - I did a test back in 2012 (PTE ACADEMIC) during the time I had to extend my visa. Is there a way of finding out if this is still valid. If not what is recommended as the quickest test to take

You should do the IELTS English B1. (PTE Academic is not on HO's approved list anymore as far as I am aware).

[tier2ictvisa2010]

Thanks very much..