application for ILR (SET M) and continuing employment

[gcdiwan]

Dear Board Moderators,

My wife will be applying for a dependent ILR (SET M) in a few week's time.
Her current leave is as Tier 2 dependent which expires at the end of
December this year. She is employed at the moment on the basis of
Tier 2 dependent visa. Can she provide her ILR (SET M) application
reference number to her employer for them to verify her immigration status?
As far I understand, while your application is under consideration with UKVI,
you continue to be in the same immigration status as the last granted leave.
However, her employer needs to know if this is indeed the fact.
Is there a UKVI document that we can provide to the employer?
I checked here: https://www.gov.uk/government/publicati ... d-3d-leave and
as per rules on page 5 and 17, one can continue to work until they get a
decision. Please, could you point me to relevant links on the UKVI website? Many thanks.

[CR001]

My wife will be applying for a dependent ILR (SET M) in a few week's time.
Her current leave is as Tier 2 dependent which expires at the end of
December this year.

She does NOT qualify for ILR on form SET(M) as she does not hold a spouse settlement visa under Appendix FM. If she holds a PBS dependent visa, she applies for ILR on form SET(O)!

She is employed at the moment on the basis of
Tier 2 dependent visa. Can she provide her ILR (SET M) application
reference number to her employer for them to verify her immigration status?

Set(O) and yes, whatever her reference number is.

As far I understand, while your application is under consideration with UKVI,
you continue to be in the same immigration status as the last granted leave.
However, her employer needs to know if this is indeed the fact.

Yes, it is fact. Section 3C of the Immigration Rules covers her.

Is there a UKVI document that we can provide to the employer?

https://assets.publishing.service.gov.u ... 9.0ext.pdf

I checked here: https://www.gov.uk/government/publicati ... d-3d-leave and
as per rules on page 5 and 17, one can continue to work until they get a
decision. Please, could you point me to relevant links on the UKVI website? Many thanks.

It is the same HO issued document you have already read!!

[gcdiwan]

My wife will be applying for a dependent ILR (SET M) in a few week's time.
Her current leave is as Tier 2 dependent which expires at the end of
December this year.

She does NOT qualify for ILR on form SET(M) as she does not hold a spouse settlement visa under Appendix FM. If she holds a PBS dependent visa, she applies for ILR on form SET(O)!

She is employed at the moment on the basis of
Tier 2 dependent visa. Can she provide her ILR (SET M) application
reference number to her employer for them to verify her immigration status?

Set(O) and yes, whatever her reference number is.

As far I understand, while your application is under consideration with UKVI,
you continue to be in the same immigration status as the last granted leave.
However, her employer needs to know if this is indeed the fact.

Yes, it is fact. Section 3C of the Immigration Rules covers her.

Is there a UKVI document that we can provide to the employer?

https://assets.publishing.service.gov.u ... 9.0ext.pdf

I checked here: https://www.gov.uk/government/publicati ... d-3d-leave and
as per rules on page 5 and 17, one can continue to work until they get a
decision. Please, could you point me to relevant links on the UKVI website? Many thanks.

It is the same HO issued document you have already read!!

Hi, thanks for your reply.
Sorry, I think I provided only partial information. I am applying for ILR (SET O) based on Tier 2 (5 year continuous residence) in a couple of days. I know it's recommended we apply together, but we decided to apply separately. After having obtained my ILR (SET O), can she not apply for ILR (SET M) and use that as the basis for continuing her employment? We are planning to apply for her dependent ILR immediately after I obtain my ILR. Do you see any issues with this route? Thanks again for your time.

[CR001]

Sorry, I think I provided only partial information. I am applying for ILR (SET O) based on Tier 2 (5 year continuous residence) in a couple of days. I know it's recommended we apply together, but we decided to apply separately. After having obtained my ILR (SET O), can she not apply for ILR (SET M) and use that as the basis for continuing her employment?

She applies on form SET(O). She does NOT hold a qualifying visa to apply for ILR on SET(M) and it will be refused if you do. Not sure why you believe SET(M) under Appendix FM immigration rules apply to her when she holds a PBS Dependent visa under Immigration Rules Part 8. There is also NO financial or employment requirement for a PBS Dependent applying for ILR.

We are planning to apply for her dependent ILR immediately after I obtain my ILR. Do you see any issues with this route?

There is no rule that you must apply together. She can apply at any time when she meets the requirements and before her visa expires.