Tier1(G)+Tier2(G) to ILR

[ukindian23]

Hi
I had a Tier 1(G) in 2015 and entered UK on 20/1/2015 which was valid till 2018 March. Later it was converted to Tier 2(G) by my employer as Tier 1 was closed.

Please help me with several questions I have regarding ILR filing.

1. Though I entered UK on 20/1/2015, I started working only from 20/4/2015 as it took time to find a job here. So, should I wait till 28 days before 20/4/2020 to apply for ILR or am I eligible to apply now by the 5 year stay rule from 20/1/2015(minus 28days). I saw somewhere in the guidelines that I should be paying taxes for 5 years to apply for ILR. I have been paying from 20/4/2015.

2. To fill the absence from UK, should I enter all the details of the countries that I transit due to airline stop-overs. In some instances I took local visa for a a day to visit as the connection was long.

3. As my job is flexible to work remotely, I was outside of UK for more than 25 days in a year (well in excess of my paid holiday). In some years it was upto 70-80 days though it was never close to 180 day limit. I visited 2-3 times in a year to India for 30-40 day each. But I was paid in UK during this time and was working from India partly and partly on vacation. Will this be an issue and should I need any letter from the employer.

4. There is a question in the form "Additional countries you have lived in". Before coming to UK in Jan 2015, I have lived-in/travelled several countries around the world visiting India back and forth several times. I also lived in UK before for 2 years. Should I enter every country entry/exit for my whole life? It's almost impossible to track every date/place of travel.

5. How important is it give House/Communication address in the form. Can we give a friend's home address as our living address for safely receiving the documents as I am currently in a shared accommodation.

6. Should I be submitting all my payslips and bank statements of 5 years or last 1 year or nothing like this is needed.

7. Lastly, please advise the documents/letters should I submit for all the above points.

Truly appreciate a quick response.

Thanks & Regards

[zimba]

It seems you have not read the Tier 2 guide: https://assets.publishing.service.gov.u ... FINAL1.pdf

1. Though I entered UK on 20/1/2015, I started working only from 20/4/2015 as it took time to find a job here. So, should I wait till 28 days before 20/4/2020 to apply for ILR or am I eligible to apply now by the 5 year stay rule from 20/1/2015(minus 28days). I saw somewhere in the guidelines that I should be paying taxes for 5 years to apply for ILR. I have been paying from 20/4/2015.

There are no such guidelines. Qualifying period starts from visa issue date

2. To fill the absence from UK, should I enter all the details of the countries that I transit due to airline stop-overs. In some instances I took local visa for a a day to visit as the connection was long.

The details of your trips are irrelevant

3. As my job is flexible to work remotely, I was outside of UK for more than 25 days in a year (well in excess of my paid holiday). In some years it was upto 70-80 days though it was never close to 180 day limit. I visited 2-3 times in a year to India for 30-40 day each. But I was paid in UK during this time and was working from India partly and partly on vacation. Will this be an issue and should I need any letter from the employer.

You simply need the letter

4. There is a question in the form "Additional countries you have lived in". Before coming to UK in Jan 2015, I have lived-in/travelled several countries around the world visiting India back and forth several times. I also lived in UK before for 2 years. Should I enter every country entry/exit for my whole life? It's almost impossible to track every date/place of travel.

Those questions are unimportant. Provide minimal information

5. How important is it give House/Communication address in the form. Can we give a friend's home address as our living address for safely receiving the documents as I am currently in a shared accommodation.

I suggest to enter your current address

6. Should I be submitting all my payslips and bank statements of 5 years or last 1 year or nothing like this is needed.

You need only your last payslip. READ THE GUIDE

7. Lastly, please advise the documents/letters should I submit for all the above points.

READ THE GUIDE

[ukindian23]

Thanks for super quick reply.

Quick clarifications on couple of them please...

3. As my job is flexible to work remotely, I was outside of UK for more than 25 days in a year (well in excess of my paid holiday). In some years it was upto 70-80 days though it was never close to 180 day limit. I visited 2-3 times in a year to India for 30-40 day each. But I was paid in UK during this time and was working from India partly and partly on vacation. Will this be an issue and should I need any letter from the employer.
zimba->You simply need the letter
me->Does this mean letter of employment from employer and in/out dates filled in the online form?

4. There is a question in the form "Additional countries you have lived in". Before coming to UK in Jan 2015, I have lived-in/travelled several countries around the world visiting India back and forth several times. I also lived in UK before for 2 years. Should I enter every country entry/exit for my whole life? It's almost impossible to track every date/place of travel.
zimba->Those questions are unimportant. Provide minimal information
me->Does that mean I don't have to provide all countries travels and select NO online. It asks for exact FROM/TO dates if I select YES radio button.

Other question I just face online..
Sponsor licence number-
What is your sponsor licence number as shown on your certificate of Sponsorship?
Your sponsor is the organisation you will be working for in the UK, who are sponsoring this application
Question:-As I am filing the ILR by myself and my employer wont be sponsoring this application, I am confused.

Could you also share the GUIDE link please.

Thanks & Regards

[ukindian23]

Sorry. I just saw the guide link at the top. Please ignore the guide request. I didn't know the ILR is also covered in Tier 2 Guide.

Thanks & Regards

[zimba]

Does this mean letter of employment from employer and in/out dates filled in the online form?

You need a letter from employer to say your absences from work were approved by them. Read the guide

Does that mean I don't have to provide all countries travels and select NO online. It asks for exact FROM/TO dates if I select YES radio button.

It is unimportant. Select NO

As I am filing the ILR by myself and my employer wont be sponsoring this application, I am confused.

That is not asking about who is filling/paying for the application. They are asking for their details of your Tier 2 sponsor which your ILR is based on

[ukindian23]

Great Thanks!

Sorry to bother more.

I couldn't find (or do not know) what is the Sponsor Licence Number and don't have a Certificate of Sponsorship. I just received a Tier 2(G) approval letter by Home Office through our company Solicitor and I couldn't find anything on it. They just mentioned that my Tier 2 (G) is approved with my details of employment, compensation and has a reference Number and Case ID.

Please advise how a Sponsor Licence Number looks like(format) or Certificate of Sponsorship is.

Thanks & Regards.

[zimba]

I suggest again to go and read the Tier 2 guide. You seem to know very little about the Tier 2 visa.
Every Tier 2 migrant is assigned a Certificate of Sponsorship (COS) by their sponsor in the beginning. So you have one assigned. Ask your employer about this. Your sponsor also has to hold a valid Tier 2 licence to sponsor a Tier 2 migrant and it is important that their licence remains valid while sponsoring migrant workers. I repeat again, go read the Tier 2 guide and also start talking to the HR in your company to get the relevant information needed .

[ukindian23]

Thanks again. I wasn't given any CoS. I shall connect with HR as well as re-read the guide thoroughly you shared above.

Best Regards

[zimba]

Thanks again. I wasn't given any CoS. I shall connect with HR as well as re-read the guide thoroughly you shared above.

Best Regards

The people who handled your visa application know about this. A Tier 2 visa requires a COS

[ukindian23]

Thanks a lot!! I had several tensions around all these questions and now feel much better.
I got all the details from our company immigration partners who never shared COS earlier.

Now, I was trying to read through the Policy Guidance shared in detail but it is mentioned as 'This guidance is to be used for all Tier 2 applications supported by a Certificate of Sponsorship assigned on or after 06 October 2019.

As mine is based on COS assigned in 2018, is there an archive version that is applicable for my ILR ((if so please share that link as I couldn't find it on homeoffice site). Or is this https://assets.publishing.service.gov.u ... FINAL1.pdf good enough.

Thanks & Regards

[zimba]

The rules for ILR have not changed. Ignore the note on ths current guide

[ukindian23]

Thanks again.

I have filled the application and got a few questions on the list of documents asked to be submitted after I downloaded the form before signing declaration

1. The degree certificate to prove the level of English language required - I have degree certificate written in English Language but doesn't mention anywhere that it was taught in English. However, I have a separate certificate from University I took that declares it's taught in English. I submitted this earlier for my Tier 1 (as well as my Degree was listed within the recognized universities then). Later I was never asked for English Language proof for Tier 1 extensions or Tier 2, based on initial proof.
Question: Should I still submit one of these two certificates? If so, which one to submit.

2. Evidence of immigration status in the UK
Question: Does the BRP card suffice or anything else.

3. Declaration signed by me to confirm consent for the Home Office to request verification checks
Question: Any thoughts if these are done. Won't it delay the approval even if we go for super premium service.

4. NARIC letter that confirms the qualification that meets or exceeds the recognised standard of a Bachelor's or Masters degree or PhD in the UK AND confirm the level of English to which the degree was taught or researched
Question: Why is this being asked again. Is the Question #1 above not the same. Firstly, with my previous proving of English through Tier 1 not enough for ILR. If not, what should I do through NARIC. I got lost in that website.

5. Current Biometric Residence Permit
Question: Is it not same as Question #2 above. If not, what else should I submit for #2.

6. Letter(s) from employer(s) detailing reasons for work-related absences including periods of paid annual leave from the UK and Crown Dependencies.
Question: Should I request the letter only for Tier 2 period or for first 3 years of Tier 1 period as well. In the guide it says -
284. You must also provide:
• A letter from your Sponsor on company headed paper, confirming the start and end
date of each such period of absence and the reason for it;

-----
And, I still have concern on two items I raised initially and wish to be clear in mind. Please share your thoughts

1. How important is to give the current living address. As I mentioned, I recently moved into a shared accommodation and not comfortable to share for all important ILR application. Also, I have my friend's address for my Tier 2 General and all communication including my Driving Licence, Car Insurance etc. I recently moved from there.

2. Under Immigration details of the application form
It is mentioned -
Have you previously lived in a country outside the UK including your country of birth?
If I say NO, is it not considered as false information because I am not informing my stay in India and other countries that I lived. Importantly, I travelled and lived in UK as well before this 5 years period several times.

I know the list is exhaustive. Truly appreciate your reply.

Thanks & Regards

[zimba]

Should I still submit one of these two certificates? If so, which one to submit.

You need to get a NARIC letter for visa and immigration (known as the red route). This allows you to use a degree taught in English as proof of your English language for your ILR. This is only for degrees obtained outside the UK.
See: https://www.naric.org.uk/visas%20and%20 ... /FAQs.aspx
Apply here: https://www.naric.org.uk/visas%20and%20 ... apply.aspx

2. Evidence of immigration status in the UK
Question: Does the BRP card suffice or anything else.

Yes

3. Declaration signed by me to confirm consent for the Home Office to request verification checks
Question: Any thoughts if these are done. Won't it delay the approval even if we go for super premium service.

No it won't delay it

5. Current Biometric Residence Permit
Question: Is it not same as Question #2 above. If not, what else should I submit for #2.

It is your BRP

6. Letter(s) from employer(s) detailing reasons for work-related absences including periods of paid annual leave from the UK and Crown Dependencies.
Question: Should I request the letter only for Tier 2 period or for first 3 years of Tier 1 period as well. In the guide it says -
284. You must also provide:
• A letter from your Sponsor on company headed paper, confirming the start and end
date of each such period of absence and the reason for it;

Letter from all your past employers (if possible). If the absences were below 30 days per residence year, you may ignore it

1. How important is to give the current living address. As I mentioned, I recently moved into a shared accommodation and not comfortable to share for all important ILR application. Also, I have my friend's address for my Tier 2 General and all communication including my Driving Licence, Car Insurance etc. I recently moved from there.

Up to you

2. Under Immigration details of the application form
It is mentioned -
Have you previously lived in a country outside the UK including your country of birth?
If I say NO, is it not considered as false information because I am not informing my stay in India and other countries that I lived. Importantly, I travelled and lived in UK as well before this 5 years period several times.

This is not important as I said. Provide minimal information

[ukindian23]

Thank you once again.

You need to get a NARIC letter for visa and immigration (known as the red route). This allows you to use a degree taught in English as proof of your English language for your ILR. This is only for degrees obtained outside the UK.

Is it mandatory to get a NARIC letter now? Even if my degree was certified earlier through UK BA database earlier for Tier 1 (which was done in 2010 and I submitted a letter from University that it was taught in English?

Letter from all your past employers (if possible). If the absences were below 30 days per residence year, you may ignore it

I only have one employer. But my stay was 3 years of Tier1 and 2 years of Tier 2. Should I get letters for all 5 years or just 2 years of Tier 2. Most of my absences are above 30 days but within 180 in a 12 month period.

1. How important is to give the current living address.
Zimba:- Up to you

Sounds like it's better to give my current address. I will do that though I just moved in. Is there a chance of asking Tenancy Agreement.

Thanks & Regards

[ukindian23]

Hi,
I am almost done with completing my application except the NARIC.

During my Tier 1 (G) filing, my University was listed in recognized Universities of UK BA and I also submitted a letter from Uni that my medium of instruction was English. Later on the Home Office considered it as continuation of proof for my extensions of Tier 1 and later in conversion to Tier 2.

The required list of documents in my downloaded application form is asking this.

• NARIC letter that confirms the qualification meets or exceeds the recognised standard of a Bachelor's or Masters degree or PhD in the UK AND confirm the level of English to which the degree was taught or researched

Please advise if it's mandatory to get NARIC certification of my Degree and English Language proof or can I simply submit my Degree and the letter.

Thanks & Regards

[ukindian23]

Hey Zimba or someone.. please help answer my last query.. You have been very helpful all through..

Thanks & Regards

[zimba]

Where did you get the degree from ?

[ukindian23]

Thanks for the query back.

Bachelor of Engineering from Osmania Campus, Hyderabad, India.

When I submitted Tier 1(G) in 2010, the UK BA had it's own Database and an online verification process where I could select my college and degree for my education and English language qualification to accrue the points for Tier1 approval. Ever since that one time, I have extended Tier 1 three times and then transferred to Tier 2(G). At each of these steps, Home Office considered my initial verification.

So, I am not sure if they would consider that 2010 approval or should I still have to get this NARIC done again specifically for ILR.

Thanks & Regards

[ukindian23]

Additionally, I have a letter from the University that clearly specifies that my Degree is taught in English that I also submitted for my Tier 1 then.

Will that be sufficient or should I still need to do NARIC.

Please advise.

Thanks & Regards

[zimba]

Rules have changed since 2010. You could be granted points under KoLL for English language as you already met the requirement under Tier 2 however a degree obtained from India on its own is not accepted without NARIC as India is not a majority speaking English country under the rules.

Here is someone who got ILR without NARIC but I believe he was granted points because of his degree: british-citizenship/koll-naric-not-needed-t294925.html

[ukindian23]

Ok. Thanks for sharing that link which is very clear. NARIC seems to be needed for AQUALS or the other ELPS if the degree is not from Majority-English speaking country.

And very interesting about other guy how it went through. My case is even better than him as I had those points, degree certificate as well another letter directly from University that my degree is taught in English.

I basically don't mind NARIC process but in urgent need of going to India this weekend and was not aware of this new rule till I digged deep and started discussing with you(Zimba). I either take a chance or delay filing.

One last question to wrap this up please . If I submit taking a chance and HO asks for NARIC, would I lose my fee and have to submit a fresh application or will I just need to get NARIC and provide on top of existing application.

Thanks & Regards

[zimba]

They are told to ask for NARIC but I believe you will be granted ILR under other provisions of KoLL as I explained before

[ukindian23]

Thanks for the clarification.

As I asked towards the end, please advise what will happen in the worst case scenario if they think I need to submit a NARIC. Will they raise a query or raise a request to submit NARIC or refuse ILR and should I re-apply with the NARIC freshly by paying the fees again.

Thanks & Regards

[poper]

Nor sure if you are already aware.
An alternative to NARIC assessment is to take an English test
The below test is only for 10 minutes and saves a lot of hassle

https://www.trinitycollege.com/qualific ... SE-grade-5

[zimba]

Thanks for the clarification.

As I asked towards the end, please advise what will happen in the worst case scenario if they think I need to submit a NARIC. Will they raise a query or raise a request to submit NARIC or refuse ILR and should I re-apply with the NARIC freshly by paying the fees again.

Thanks & Regards

The may ask you to provide NARIC. If worried, why not get NARIC now and remove the risk ?! Alternatively you can sit SELT as advised above