ILR Processes and dates

[watway_as]

Hi, couple of questions on the documents required to prove co-habitation:

1. Council tax statement has both our first names as initials and with complete last name like Mr. A <> and Mrs. A <>

Is that acceptable or is the full name required as per the passport?

2. Does a letter from council checking the validity of people that are registered to vote at an address count as a document? By the very nature of the document, it is addressed to the "occupier" of our house, but has our full names listed on page 2.

[CULLINAN]

Hi, couple of questions on the documents required to prove co-habitation:

1. Council tax statement has both our first names as initials and with complete last name like Mr. A <> and Mrs. A <>

Is that acceptable or is the full name required as per the passport?

2. Does a letter from council checking the validity of people that are registered to vote at an address count as a document? By the very nature of the document, it is addressed to the "occupier" of our house, but has our full names listed on page 2.

1) Yes
2) Yes

Note: You need more documents than only listed above.

[watway_as]

Thank you!

[watway_as]

Hi

While having a look at my wife's Tier 2 general dates, realised one thing:

Visa start date on the Visa vignette sticker is 7 Feb 2016

My wife applied for a BRP once she came to the UK

The Visa issue date on the BRP is 5 Feb 2016.

Is that intentional or a mistake. If intentional, then is the BRP date the one to go with for counting the start of the 5 year period?

[zimba]

No. Rarely the visa approval date is not the same as sticker/BRP issue date. Generally issue date is the same as the approval date BUT sometimes the actual visa/BRP is issued on a later day (often due to administrative issues or delays). For ILR, ONLY visa approval date matters which is the date of the visa approval letter which in this case seems to be 5 Feb 2016

[watway_as]

Thanks Zimba! So the Visa approval date is the same as the Visa issue date on the BRP?

[zimba]

Thanks Zimba! So the Visa approval date is the same as the Visa issue date on the BRP?

It looks like it in your case

[watway_as]

Hi – I have a few queries on ILR processes and dates, please can you help me out here?

My wife is on a Tier 2 General visa, her details:
BRP Issue date: 5 Feb 2016
Expiry: 14 Feb 2021

My son also travelled along with her, so his BRP has the same dates.

I was already in the UK on a Tier 2 ICT visa, I switched as a dependent in UK about a month after their arrival in UK. So, my details:
BRP Issue date: 30 Mar 2016
Expiry: 16 Feb 2021

Please can you validate my understanding here:

1. My wife can apply for her ILR not more than 28 days prior to completing 5 years (8 Jan 2021 or later)
2. She needs to apply using Set(O) form
3. Though my son completes 5 years as a PBS dependent, he cannot apply for ILR as I am not in a position to apply for ILR along with my wife.
4. I will need to extend my PBS dependent visa
5. My son will also need to extend his PBS dependent visa
6. When extending my PBS dependent visa – are we able to specify the duration of the visa? Or would this be assigned automatically to enable completion of 5 years for me?
7. Will my son be assigned the new visa end date same as mine?
8. When is the earliest I can apply to extend the PBS dependent visa? (Unlike ILR where there is a clear guidance on how early we can apply, I am not able to find it for PBS dependent visa)
9. When I complete my qualifying period (5 years on PBS dependent visa less 28 days), I need to apply for ILR along with my son.
10. We will also need to apply using Set(O) form.

[CR001]

Topics Merged!!

1. Yes if that is 'within 28 days' before the 5th anniversary of her initial visa issue date and she meets all the requirements.

2. Correct.

3. Correct. He will only qualify for ILR when you do.

4. Correct. It will be a 3 year extension.

5. Correct as per #4

6. No. The Immigration Rules Part 8 state that a PBS Dependent extension will be for 3 years if the main PBS migrant has ILR. There is no discretion on this.

7. Yes.

8. Anytime once your spouse has ILR.

9. Correct.

10. Correct.

[watway_as]

Thank you for your reply. It's good to know that my understanding was broadly correct. But I'm still a bit unsure on the visa extension.

Assume that my wife qualifies and applies for ILR sometime in Jan 2021. I would apply for our visa extension in early Feb 2021. When I apply to extend our visa, my wife may or may not have got ILR.

In case her ILR decision is not made, what happens to our visa extension request? What duration do we get? Or does our application get processed only after her decision?

In case she gets the decision, we may get PBS extension for 3 years as you said. That would make the total Visa duration 8 years...

My 5 year period ends 30 Mar 2021, so I should be applying for ILR on or after 2 Mar 2021. Im not sure if my visa extension will have been processed by then and that I would be in receipt of my BRP. So do I make our ILR application on receipt of PBS visa and BRP, even if it much later than 30 Mar 2021? Is there a date by which I must apply for ILR?

Sorry for so many questions!!

[CR001]

In case her ILR decision is not made, what happens to our visa extension request? What duration do we get? Or does our application get processed only after her decision?

Your application will be held until her ILR is granted.

In case she gets the decision, we may get PBS extension for 3 years as you said. That would make the total Visa duration 8 years...

And...?

My 5 year period ends 30 Mar 2021, so I should be applying for ILR on or after 2 Mar 2021. Im not sure if my visa extension will have been processed by then and that I would be in receipt of my BRP. So do I make our ILR application on receipt of PBS visa and BRP, even if it much later than 30 Mar 2021? Is there a date by which I must apply for ILR?

You can apply at any point once you meet the requirements. There is no deadline other than you must apply before your visa expires. If you have a pending application and reach the point where you can apply for ILR, you can vary your applications to ILR.

[watway_as]

Thank you for the clarification!!