ILR Application

[as1501]

Hi, I have read through forum posts and has been very helpful in clearing my queries but an someone please advise on below scenario?

Spouse is on T2-General, valid from 25-08-2015 until 25-09-2020.
Myself & dependent child(not born in UK) are PBS dependent from 28-10-2015 until 25-09-2020.
Dependent child (born in UK) is PBS dependent from 24-01-2017 until 25-09-2020.

My spouse will be eligible to apply for ILR on 28-07-2020 and myself & dependents cannot apply at the same time having not completed our minimum eligibility period. We can switch to FLR(M) but don't intend to as i understand reading the forum posts that the clock gets reset.

So we (dependents) would be eligible only from 30-Sep-2020 which is 5 days after the current visa validity. Help I need in clarification is:

1. I believe, we(PBS dependents) would have to go for an T2 extension even though the shortfall is by just 5 days?
2. If answer to above is yes, would my spouse's employer need to provide any COS extension letter or we can apply directly on the basis that my spouse would have got ILR by the time we apply?
3. My child who is born in UK, need not go for a T2G extension and can apply for MN1 before the leave runs out , considering my spouse receives ILR?
4. My other child who is not born in UK would still need to complete 5 year period and cannot apply for ILR along with my spouse as a dependent child as both parents need to be eligible for children born outside UK?

Thanks!

[CR001]

1. Yes. If you choose the standard option, then you can vary to ILR when you qualify.

2. No. You are dependent on your spouse not her employer.

3. Yes. A valid visa is not required to registered as British for UK born children. They have an entitlement to register.

4. Correct. Born abroad child will only qualify for ILR when you do and if the other parent has ILR already.

[as1501]

Thanks Char!
1. Did not gather on what you said about standard option as the extension post 5 years will be for a maximum of 1 year? So option is really to go for extension and apply as soon as we become eligible for ILR? Is there a extension available for shorter time than 1 year and having any cost savings?

3. I believe only if 1 of the parent hold a ILR, child has entitlement to register as British, correct? For my case, child can also go for ILR extension with me but directly registering as British would be cost savings if intention is citizenship,correct?

[CR001]

1. Did not gather on what you said about standard option as the extension post 5 years will be for a maximum of 1 year? So option is really to go for extension and apply as soon as we become eligible for ILR? Is there a extension available for shorter time than 1 year and having any cost savings?

Standard option means not the 24 hour super priority decision, i.e. standard option is 8 weeks for approval. An extension of PBS dependent is for 3 years (not 1 year). The 6 year cap applies to the main PBS visa holder and not dependents.

3. I believe only if 1 of the parent hold a ILR, child has entitlement to register as British, correct? For my case, child can also go for ILR extension with me but directly registering as British would be cost savings if intention is citizenship,correct?

Yes, only 1 parents needs to hold ILR in order for a UK born child to register as British. UK born child does NOT need an extension. Note also that you are not applying for an 'ILR extension', there is no such thing.

[as1501]

Got it , thanks! I meant PBS extension

Would the HO not query on why the child born in UK is not extending at the same time when other 2 PBS dependents are extending? Again is the PBS extension application eligibility, 28 days prior to leave expires just like ILR application?

[CR001]

Would the HO not query on why the child born in UK is not extending at the same time when other 2 PBS dependents are extending?

Possibly yes but only when you and the other child apply. Then simply inform HO that you are registering the child as British under Section 1(3) of the British Nationality Act.

Again is the PBS extension application eligibility, 28 days prior to leave expires just like ILR application?

Yes but you can apply for the extension at any point once your spouse has ILR.

[as1501]

Cheers Char!

[as1501]

Sorry, few more queries if you know the answers Char.

1. There is no advise on minimum validity of the current passport both during ILR application and PBS extension. I found the below link from the forum where it says there is no minimum validity which was answered couple of years back. I assume there is no such rule even now and passport should be valid on teh day of application?

indefinite-leave-to-remain/passport-val ... 28298.html

2. I did not fill the SET(O) form as yet to see if there is a specific question on Public funds but checking the eligibility it says one should not be using the Public funds. In the past, we have erroneously used Tax Free Childcare(TFC) and having realized the mistake, we informed the Gov agency and refunded all the amount that was topped up to our TFC account. Again there is a debate on whether TFC is a public fund on this forum as well as it is not listed in below link which is not updated since 2014.

https://www.gov.uk/government/publicati ... blic-funds

My question is should we be mentioning this in application (if at all there is a question about public funds) or since we have settled the amounts and received a confirmation from them and no longer using it for past couple of years, it should not be a problem with our ILR application?

[CR001]

1. There is no advise on minimum validity of the current passport both during ILR application and PBS extension. I found the below link from the forum where it says there is no minimum validity which was answered couple of years back. I assume there is no such rule even now and passport should be valid on teh day of application?

indefinite-leave-to-remain/passport-val ... 28298.html

There is no such requirement. It must be valid when you apply for ILR.

2. I did not fill the SET(O) form as yet to see if there is a specific question on Public funds but checking the eligibility it says one should not be using the Public funds. In the past, we have erroneously used Tax Free Childcare(TFC) and having realized the mistake, we informed the Gov agency and refunded all the amount that was topped up to our TFC account. Again there is a debate on whether TFC is a public fund on this forum as well as it is not listed in below link which is not updated since 2014.

https://www.gov.uk/government/publicati ... blic-funds

This should not be an issue as you paid it back.

My question is should we be mentioning this in application (if at all there is a question about public funds) or since we have settled the amounts and received a confirmation from them and no longer using it for past couple of years, it should not be a problem with our ILR application?

You can explain briefly if you wish.

[as1501]

Thanks again Char! That is it (hopefully) for the time being

[as1501]

Another clarification on below answer.

1. Yes. If you choose the standard option, then you can vary to ILR when you qualify.

Can I apply for standard option for extension and then vary to ILR on super priority service? I understand that when you vary to another application, it will be considered standard application only?

[as1501]

Hi, Has anyone gone through similar situation know this?

[as1501]

Hi All, Asking my query again as I believe someone must have done this for sure. Can anyone comment on what happens if you apply on a Standard application for PBS extension and then vary it to a ILR application on Super Priority when you are eligible, considering the decision on extension is not yet made?

• Would the varied ILR application be treated as standard instead of super priority and I would have to wait for the decision longer?

• Is there any use to vary to super priority or just keep the ILR as standard only?

[as1501]

Hi Char or anyone else,

According to below post, one can directly apply for ILR instead of a extension and then varying to ILR. In the below case the shortfall is 4 days and in my case it is 5 days.

indefinite-leave-to-remain/4-days-short ... 83554.html

Can you confirm which option holds good as the below was pointed out

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:

• the date of application
• the date of decision
• any date up to 28 days after the date of application

[aman90]

indefinite-leave-to-remain/ilr-applicat ... l#p1797843

It’s possible.. apply before current expiry and delay biometrics till in qualifying period..

[as1501]

That's encouraging , Thanks Aman!!

[as1501]

Hi, Started filling the application form. I work as a doctor, so should I put the title as Mrs or Doctor as this title is not mentioned in the BRP? Does this really matter?

[AmazonianX]

Hi, Started filling the application form. I work as a doctor, so should I put the title as Mrs or Doctor as this title is not mentioned in the BRP? Does this really matter?

Either can be used however it may be more appropriate to used the one your are usually addressed as e.g. what will likely reflect on correspondence like cohabitation documents, employer correspondences and memos.

[as1501]

Thank you! It is a mix of both in the various documents.

[as1501]

I have renewed my passport, is there a need to inform HO via the MCC form?

Some past posts here suggest that there is no need to inform HO, however the MCC form lists renewal of passport as one of the things that needs informing the HO.

[as1501]

I have renewed my passport, is there a need to inform HO via the MCC form?

Some past posts here suggest that there is no need to inform HO, however the MCC form lists renewal of passport as one of the things that needs informing the HO.

[CULLINAN]

I have renewed my passport, is there a need to inform HO via the MCC form?

Some past posts here suggest that there is no need to inform HO, however the MCC form lists renewal of passport as one of the things that needs informing the HO.

HO requires your current passport details. So yes ideally you should, if your application is pending and you got a new passport.

[as1501]

Thanks, will do. I have not submitted the application yet, but got the passport renewed prior to that.

[CULLINAN]

Thanks, will do. I have not submitted the application yet, but got the passport renewed prior to that.

So just provide the new passport details in the online form then before submission.

[as1501]

Do I need to upload all the old passports or only the ones which are relevant for the current application i.e the immigration stamps for last five years?