Tier 1 Spouse Visa - 5 Years (ILR) calculations

[BlueCat86]

Hi

I am a silent reader on this group and really appreciate the help this forum provides to different people in their difficult situation/time.

I need the help or some guidance for my ILR or extension application due in 10 Jan 2020. I will post my timeline first.

Tier 1 partner (Spouse) Visa Stamped dates:
Valid From - 9 Feb 2015 Expire Date - 17 Mar 2017
Arrival stamp - 13 Feb 2015

Extension applied and BRP received
Date of issue: 10 Jan 2018
Valid Until: 10 Jan 2020

My Wife who is the main applicant already applied for her ILR as she completed her time-frame in March 2019 and received her ILR first week of Aug 2019.

My Questions are:
1) According to my calculations i qualify for ILR under the 5 years scheme on 12 January 2020 (taking into account 28 days rule). But my visa runs out on 10th January 2020, so i am 2 days short.

2) I am planning to apply on 5th Jan 2020 as Spouse extension application. Within 5 days i will qualify for ILR (considering the 28 days rule). Can i then apply for same day service for ILR?

3) Although my wife visa category changed from tier 1 to ILR. Does this reset my clock or am I still eligible for ILR?

[zimba]

1) According to my calculations i qualify for ILR under the 5 years scheme on 12 January 2020 (taking into account 28 days rule). But my visa runs out on 10th January 2020, so i am 2 days short.
2) I am planning to apply on 5th Jan 2020 as Spouse extension application. Within 5 days i will qualify for ILR (considering the 28 days rule). Can i then apply for same day service for ILR?

Apply on or before 10th. Book an appointment after 12th

3) Although my wife visa category changed from tier 1 to ILR. Does this reset my clock or am I still eligible for ILR?

Yes. No issues

[BlueCat86]

Hi Zimba,

Thank you for your reply, so it means I am still eligible to apply for ILR and through premium service i-e same day. Also do i have to pay extension fees first and then pay ILR fees. Would i get refund of my first application when i vary it to ILR.

As there is still time I have not started looking for my application process I have been always dependent on the main applicant, all my previous applications I have not submitted any personal document other than my application and maintenance statement from my Wife account as she was the main applicant. Where do i get guidance for the required documentation to apply ILR this time.

I would really appreciate someone in similar position applied recently and what documentation they used. Like some people send salary slips etc.

[zimba]

There is no need for an extension. The old premium service centers are closed and replaced with UKVCAS centers. This is also NOT a same day service
See: indefinite-leave-to-remain/online-appli ... 70084.html

You now must apply and submit your application online, pay the fees, book and attend an appointment in one of the UKVCAS centers. No original document is taken from you. You need to scan and upload all the required documents instead. The online system tells you what you need to submit and upload. UKVCAS is a third party and they do not make decisions, they simply collect the Biometrics and check the document scans and submit them digitally to UKVI for processing. You will be informed if you are granted visa within 24 hours via email if you have paid for a super priority service.

[BlueCat86]

Hi Zimba,

**Apply on or before 10th. Book an appointment after 12th**

When you say apply on or before 10th what does this mean; to apply for extension first and then book an appointment for ILR using UKVCAS service after 12?

If yes then I thought there will be two seprate applications one before 10th which will be extension for my current leave and one after 12th complete 5 years in a same visa category which qulaifies me for ILR.

Apologies I had some confusion in what you explained.

Many Thanks in advance.

[CULLINAN]

Hi Zimba,

**Apply on or before 10th. Book an appointment after 12th**

When you say apply on or before 10th what does this mean; to apply for extension first and then book an appointment for ILR using UKVCAS service after 12?

If yes then I thought there will be two seprate applications one before 10th which will be extension for my current leave and one after 12th complete 5 years in a same visa category which qulaifies me for ILR.

Apologies I had some confusion in what you explained.

Many Thanks in advance.

Apply on the 10th: You will apply in time before the expiry of your current visa. Date of online submission is the date of application.

Biometrics: 12th or later. If the decision is made on the date when you qualify then the CW should consider the date that benefits you. Your application is only processed after you provide biometrics. Assuming you will go for super priority if you book appt 12th or later, you will qualify on that date.

[BlueCat86]

Hi Gurus,

My understanding is that i am filling out Set (O) ILR application form and submitting prior to visa expiry 10th January 2020. I will qualify within 3 days and then book super priority appointment after 13th January 2020. Therefore no need for an extension application.


I want to ask a question in relation to English language requirement, in my case do I need B1 or any prove of English language document as I am currently on Tier 1 dependant (spouse)?

If yes can I use UKNARIC for my International degree to fulfil the need or do I need have to do B1/IELTS?

[zimba]

You need to either pass SELT at B1 level or above or go though NARIC Red route. SELT is often easier and faster

https://assets.publishing.service.gov.u ... s-v2.0.pdf

[BlueCat86]

My understanding is that i am filling out Set (O) ILR application form and submitting prior to visa expiry 10th January 2020. I will qualify within 3 days and then book super priority appointment after 13th January 2020. Therefore no need for an extension application.

Hi Zimba, Thank you for your quick reply. please can you also confirm if what you explained before and my understanding above is correct? someone explained me else where that I have to do two applications one for normal extension and than vary my application to Set O after?

[zimba]

It is not necessary to apply for extension. You should be eligible on the day of the decision

[BlueCat86]

Copied from above:

Tier 1 partner (Spouse) Visa Stamped dates:
Valid From - 9 Feb 2015 E
Expire Date - 17 Mar 2017
Arrival stamp - 13 Feb 2015

Extension applied and BRP received
Date of issue: 10 Jan 2018
Valid Until: 10 Jan 2020



I am finalising the application for Set (O) but unsure on this question:
Does the period of stay on which this application was based include any leave granted since 11 January 2018?

Would the answer be 'NO' as my most recent leave to remain application was granted on 10 Jan 2018.

Also would really appreciate if someone can share the documents attached with this application?

[zimba]

Correct. Rule changes apply to people who got their visa from 11th onwards

[BlueCat86]

Thanks for your prompt response. I have submitted my SET (O) ILR application today.

The document checklist states: "Declaration signed by Ms XXXX to confirm consent for the Home Office to request verification checks".

There is a family consent form that I downloaded however there is no specific declaration form provided after submission of application to be signed by Ms XXXX. Shall i draft a declaration form and get it signed by Ms XXXX.

I would really appreciate a quick reply. Thanks

[zimba]

Yes