The 180 days rule for ILR for PBS dependents

[benhuang]

Hi Marncath and other senior members,

I am Tier 1 PBS dependent. I have recently got my Tier 1 PBS visa extension approved and the relevant dates are as follows:

1. Date of approval for initial Tier 1 visa (date of 1st entry into UK)---6/1/2016
2. Date Tier 1 visa expired -----5/5/2019
3. Date Tier 1 visa extended-----12/6/2019 until 12/6/2021

I have the following questions:

1.I wonder how the absence of not more than 180 days rule apply to me??

2.Does it mean that this continuous residence rule is applicable to me only for the period from 12/6/2019 to 5/1/2021 (the date I entitle to ILR application) since the extension is granted after 11/1/2018??

3.Or it is not applicable to me at all as i am entitle to ILR application on 6/1/2021 instead of visa extension?

Please advise and look forward to hearing from you.

Thank you.

Kind regards

Ben

[marcnath]

Hi Marncath and other senior members,

I am Tier 1 PBS dependent. I have recently got my Tier 1 PBS visa extension approved and the relevant dates are as follows:

1. Date of approval for initial Tier 1 visa (date of 1st entry into UK)---6/1/2016
2. Date Tier 1 visa expired -----5/5/2019
3. Date Tier 1 visa extended-----12/6/2019 until 12/6/2021

I have the following questions:

1.I wonder how the absence of not more than 180 days rule apply to me??

2.Does it mean that this continuous residence rule is applicable to me only for the period from 12/6/2019 to 5/1/2021 (the date I entitle to ILR application) since the extension is granted after 11/1/2018??

3.Or it is not applicable to me at all as i am entitle to ILR application on 6/1/2021 instead of visa extension?

Please advise and look forward to hearing from you.

Thank you.

Kind regards

Ben

Option 2

[benhuang]

Hi marcnath and other senior members,

Thank you Marcnath for your prompt reply. Noted OPTION 2.

The following are the 12-month period if I count backwards from ILR entitlement date of 5/1/2021:

1. 5/1/2021 counted backwards to 6/1/2020 (12 months),

2. 5/1/2020 counted backwards to 12/6/2019 (Tier 1 visa extended) (6 months ++),

Referring to the above dates, am i correct to say that:

a. if i maintain 185 days or more, presence in UK under (1) above, then I am safe?

b. Period (2) above is less than 12 months, so how many days should I present in the UK?

Look forward to hearing from you.

Kind regards

Ben

[benhuang]

Hi Marncath and other senior members,

I am still wating for your valuable inputs to my questions above.

In addition to the above questions, i have another question regarding the investment of 200k pounds. Even though i have got my Tier 1 visa extended on 12/6/2019, i believe i still have to maintain the inital 200k investment until the application for ILR. Having said that, can I take out say 50K pounds for other use not related to the Tier 1 biz and only a year later repay the full amount back to the biz? Would HO disqualify me for the application for ILR?

Waiting anxiously for your reply.

Thanks

Regards

Ben

[benhuang]

Dear All,

Can anyone help to clear my doubts above?

Thank you all in advance.

Kind regards

Ben

[zimba]

a. if i maintain 185 days or more, presence in UK under (1) above, then I am safe?

Yes

b. Period (2) above is less than 12 months, so how many days should I present in the UK?

You should count the period backwards still in 12 months steps but ignore all absences before 12/6/2019

You do not need to show evidence of investment again for ILR however you must show the money is still fully invested or you still have access to it if asked again during ILR

[benhuang]

Dear Zimba,

Thank you for your reply, I just noted your comment.

Regarding the following:
b. Period (2) above is less than 12 months, so how many days should I present in the UK?

I understand I still have to count 12 months backwards from 5/1/2020 and all the absences before 12/6/2019 can be ignored. So during this period, does Home Office apportion the required number of days to live in the UK by reference to 185 days. i.e from 5/1/2020 backwards to 12/6/2019 (217 days in total). If I apportion 217 days over 365 days mutiply by 185 days equals approximately 110 days. Does it mean that I have to live in this country for at least 110 days during this period??

Thank you once again for your valuable input.

Looking forward to hearing from you.

Kind regards

Ben

[zimba]

No there is no proportional calculation. As I told you above, they assume it in 12 months only and simply ignore the days of absences before 12/6/2019

[benhuang]

Dear Zimba,

Thank you very much for clarification but I am still a little bit unclear....

So regarding the 2nd period from 5/1/2020 counting backward to 12/6/2019 (visa extension date), I only need to be present in the UK for 26 days calculated as follows, then I am complying with HO rules:

a. from 6/1/2019 to 11/6/2019 ----- 157 days will be assumed by HO to be in the UK as any absences will be ignored.
b. from 12/6/2019 to 5/1/2020------ 26 days present in UK to make up the total 183 days

Please confirm my understanding above is correct as I have to make sure I got it right so that I can plan my trip ahead.

Thank you in advance for your help.

Kind regards

Ben

[benhuang]

Dear Zimba,

In addition to the above question, i have one more question to clarify.

My wife (main applicant), both myself and kid are dependents. I understand that my wife and myself both graduated in the UK, so we do not have to go through the English test for IRL application purposes. My kid did GCSE exams including English as a subject and now he is doing A-level in the uk, does he need the English test for IRL application?

Thank you.

Looking forward to hearing from you.

Regards

Ben

[CR001]

Dear Zimba,

In addition to the above question, i have one more question to clarify.

My wife (main applicant), both myself and kid are dependents. I understand that my wife and myself both graduated in the UK, so we do not have to go through the English test for IRL application purposes. My kid did GCSE exams including English as a subject and now he is doing A-level in the uk, does he need the English test for IRL application?

Thank you.

Looking forward to hearing from you.

Regards

Ben

If the child is over 18 then they need liuk and B1 English. GCSE and a levels is not accepted.

Also on your absence calc, stop trying to work out days you have to present in the UK and simply work on the days absent, which is what ho will as it 180 days in any 12 month period for visas issued after 11th January 2018.

[benhuang]

Dear CR001,

Thank you for your response.
Based on your advice, I recalculated the potential number of days absent in the UK for your review:

Regarding the 2nd period from 5/1/2020 counting 12 months backward to 6/1/2019 (Note:12/6/2019 is the visa extension date), I foresee myself to be absent from the uk for only 60 days calculated as follows:

a. from 6/1/2019 to 11/6/2019 ----- 157 days will be assumed by HO to be in the UK as any absences will be ignored. So number of days absent is NIL.
b. during the period from 12/6/2019 to 5/1/2020------ based on my travelling plan, i will be absent from the UK from 7/11/2019 up till 5/1/2020 . So the number of days absent from uk is 60 days.

Based on the above calculation, for the entire 12 month period from 5/1/2020 counting backwards to 6/1/2019, i actually satisfy the rule of "being absent from the uk for not more than 180 days". Please confirm my understanding is correct.

I take note of your comment on English test for my kid.

May I know where can i get a copy of the online application form for ILR? I need to read through to decide whether I can handle the application form myself or I need a solicitor to help me with the application?

Thank you in advance!

Kind regards

Ben

[zimba]

It is correct. You apply online there is no form

[benhuang]

Dear Zimba/ CR001/ other senior members,

Zimba, thank you for your response once again.

Noted that there is no ILR application form which can be downloaded for reference as to what is required.

I am under Tier 1 entrepreneur visa route to ILR:

1.is the form SET(O)?
2. is there any priority or premium service for this category? and how much is the fees for both the main applicant and dependent?

Thank you in advance.

Kind regards

Ben

[zimba]

1. Yes
2. No, only standard. Link to fees is on top of the ILR sub forum as a sticky post

[benhuang]

Dear Zimba,

Thank you for your reply.

Kind regards

Ben

[benhuang]

Dear Senior members,

I am in the process of doing some research and compiling information on the application of ILR and see whether I can do it myself or i have to appoint a solicitor.

My general understanding of the steps of applications of ILR are as follows and please confirm my understanding is correct:

1.Go to Gov.uk IRL application website to register and fill up the application form. (i do not have the exact web address, those who know, please share the web address. Thanks)
2.After the application form in (1) above is completed, submit and pay the IRL fees,
(Note: only pay the IRL fees, health surcharge fees are no longer applicable)
3.To book an appointment to provide biometrics at https://www.ukvcas.co.uk
4.relevant documents can then be uploaded to ukvcas before the appointment date
4.1 Regarding uploading of documents, the ukvcas web page is structured as follows (the same as the application for Tier 1 extension):

a.Proof of Application
b.Other
c.Residence in the UK
d.Finances
e.Proof of Business
f.Life events
g.Medical information
h.Sponsors/ Employment
i. Proof of Identity/ Travel History
J. Education

I look forward to hearing your valuable inputs.

Thank you.

Kind regards

Ben

[aman90]

1.Go to Gov.uk IRL application website to register and fill up the application form. (i do not have the exact web address, those who know, please share the web address. Thanks)

Google SET(O) form and take it from there.


2.After the application form in (1) above is completed, submit and pay the IRL fees,
(Note: only pay the IRL fees, health surcharge fees are no longer applicable)

What is IRL? No maintenance or IHS for ILR.


3.To book an appointment to provide biometrics at https://www.ukvcas.co.uk

Yes. Once you fill and submit the form you ll be naturally guided what to do next.

4.relevant documents can then be uploaded to ukvcas before the appointment date

Yes

4.1 Regarding uploading of documents, the ukvcas web page is structured as follows (the same as the application for Tier 1 extension):

As long as pertinent evidence is uploaded it doesn’t matter under which category.

[benhuang]

Dear Aman90,

Thank you very much for your quick response.

Sorry for the typo error. The IRL fees should have been typed as ILR fees.

Based on your reply, it looks like the application is quite straight forward and i can do it myself.
However, my other worry is if i do not appoint a solicitor to help me to monitor the changes in law, I may miss some of the important updates and my application may get rejected. So may i know how does one ensure that he /she can keep track of the changes in law? Can I rely on the updates on this forum? or is there any where in the gov.uk website that will announce the introduction of new law pertaining to ILR?

Please advise.

Thank you once again for your time.

Kind regards

Ben

[CR001]

However, my other worry is if i do not appoint a solicitor to help me to monitor the changes in law

There are no changes in law planned!!! What rules apply to the ilr applications is what is current on the date of application. Many lawyers don't even know about the most basic or important changes, even some rules that came into effect in 2014!!

Any updates as first reported by ho in a statement of change. Whatever changes are planned then only take place after 40 days or so. Rule changes often do not effect existing visa holders and apply to new visa applicants. All changes are posted on the forum.
You are overthinking completely.

[aman90]

z. You just need to read the pertinent guidance to keep abreast with any changes.
Changes are usually introduced in April.
And usually major changes are highlighted on this forum.

[benhuang]

Dear CR001 and Aman90,

Thank you for your comments.

Sorry for my ignorance. The solicitors firm I am considering is authorised by The Office of the Immigration Services Commissioner and this is stated on their "email sign-off". It looks like they are one of the authorised agents to deal with immigration matters recognised by HO. Do you think, applying for ILR through them may increase the chances of being approved?

I need to hear your opinion on the above.

Thank you in advance.


Regards

Ben

[CR001]

Do you think, applying for ILR through them may increase the chances of being approved?

No. Using a solicitor has absolutely no influence on your application or with home office. You simply need to meet the requirements. It is not difficult.

Most immigration lawyers and advisors are oisc registered as it is mandatory if you want offer this advice for fees. The lawyer you found doesn't have any special powers other than being registered with the relevant body.

As an example, to become fully qualified, the oisc course is 3 levels and takes 3 days. Then an exam and boom, qualified to offer advice. So don't get fooled that you will be using someone who has any influence on the processes of HO, they don't. They will only make you poorer and many get even the most basic applications horribly wrong, to the detriment of the poor applicant.

[benhuang]

Dear CR001,

Thank you for your comment.

Now i have a better understanding of how all these registered solicitors firms come about.

Two more questions:
1. As mentioned by you earlier, may I know what is INA statement of change? (I.e what does INA stand for?). What is the website I can refer to for the statement of change?

2.Is this forum highlighting the important updates under "Announcement"? or I have to go through most of the topics?

Thank you.

Kind regards

Ben

[CR001]

Dear CR001,

Thank you for your comment.

Now i have a better understanding of how all these registered solicitors firms come about.

Two more questions:
1. As mentioned by you earlier, may I know what is INA statement of change? (I.e what does INA stand for?). What is the website I can refer to for the statement of change?

2.Is this forum highlighting the important updates under "Announcement"? or I have to go through most of the topics?

Thank you.

Kind regards

Ben

It is an error. It is "in a"

Announcements are made in the relevant visa category topic and on UKVI website.