Date of application super priority

[Sminx12]

I am currently on tier 2 Shortage of occupation as primary applicant. I shall be eligible for ILR in Aug 2020. I have two dependent children a PBS dependents. My ex husband is also on my PBS dependent visa. When I informed the home office about the breakdown of our relationship in April 2019 the Home office decided not to curtail my ex spouse’s visa ( most probably due to children as even though children are living full time with me and I have their sole financial and day to day responsibility, my ex was in contact with them( doing school run one side) and I also informed the home office after which they decided not to curtail his visa. My elder son is turning 18 in Dec , while younger is 10, so I want to apply for children’s ILR in Aug 2020 with myself. Can my ex spouse also apply for ILR alongside as His 5 years will be complete as well as mine and children’s? My ex spouse has also married a British girl but his visa is still on my PBS dependent as the home office decided not to curtail it and it is valid till 2022. The concern is mainly due to the rule that children can only be eligible for ILR if both parents are applying for ILR along with them.

[zimba]

Non UK born children can only get ILR when both parents are settled unless you prove sole responsibility for them (e.g absent/dead father). This means your children probably cannot get ILR with you. Your ex also cannot get ILR as he is not in a relationship with you and for ILR he needs to show he is in a subsisting relationship with you (which he is not). In my opinion, he may not be able to get ILR for another 5 years as he eventually has to switch to a family visa supported by his new wife (this is something he better do asap as time spent under PBS dependant visa will not count under family visa ILR)

[Sminx12]

If I get the ILR my dependents ILR get rejected, e.g in Aug 2020, will their PBS dependent leave valid till 2022 still stay valid after ILR rejection.
Also can I use a sole parental responsibility court document from another country if the divorce is also granted in that country (my home town)

[CR001]

will their PBS dependent leave valid till 2022 still stay valid after ILR rejection.

Yes, they remain valid.

[Sminx12]

I have held Tier 1 visa since 2010 which was transferred to Tier 2 (shortage of occupation) in U.K. in 2017. Previously I had applied for my ex husband as dependent and also for my 2 children in all applications- in 2019 unfortunately divorce happened (in Pakistan) and court order for children’s sole responsibility was also given to me. Now in Aug 2020 I have to apply for my ILR and children’s. The children have always lived with me. Despite the court legal document, do I still need to provide letters from kids schools in U.K., their GP and any religious classes they attend to demonstrate sole responsibility? I have been solely responsible for their financial needs too. How do I prove that?

[CR001]

See link below, containing other links, regarding sole responsibility.

immigration-for-family-members/sole-res ... 13087.html

[Sminx12]

See link below, containing other links, regarding sole responsibility.

immigration-for-family-members/sole-res ... 13087.html

the rule 319 J(e)
(iv) One parent is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, the other parent is lawfully present in the UK or being granted leave at the same time as the applicant, and the applicant was granted leave as the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012.

so if other parent is lawfully present in UK, and my kids first PBS dependent application was granted in Dec 2010, then should I still provide documents for sole responsibility?

[Sminx12]

My first tier 1 visa was granted in Dec 2010 and children were my dependents ever since. Now I am eligible for ILR in Aug 2020 but as there are no absence limits or continuous residence requirement for children I was wondering if I can apply for kids ILR based on 10 year (even though they moved to U.K. permanently in 2015 with me and before that would be long gaps in their residence since 2010

[zimba]

My first tier 1 visa was granted in Dec 2010 and children were my dependents ever since. Now I am eligible for ILR in Aug 2020 but as there are no absence limits or continuous residence requirement for children I was wondering if I can apply for kids ILR based on 10 year (even though they moved to U.K. permanently in 2015 with me and before that would be long gaps in their residence since 2010

No as they will not qualify. As you were advised before they cannot get ILR unless both parents get ILR or the parent with ILR has sole responsibility. As you pointed out you can benefit from the exceptions under paragraph 319J(e)(iv) as the PBS dependant visa was issued before July 2012

[Sminx12]

Thank you. But I do have court order with sole responsibility as well as I can prove through other documentation financial, school, health etc and children have been living with me. In case I can prove sole responsibility, can they qualify for the ten year route or only 5 year route same as me. I can also mention the 315J e(iv) in cover letter along with sole responsibility option in case the caseworker want to consider an option other than sole responsibility

[CR001]

Your children do not qualify for ILR based on 10 years long residnece. All long residence applicants, both adults and children, have to meet the same requirements. It is not simply about holding a visa for 10 years, it is purely about residence in the UK and meeting the strict absence limits.

Not also that long residnece ILR qualifying period starts from the date you enter the UK and not your initial visa issue date.

That is what zimba said no to.

[Sminx12]

Previously in all my Tier 1 and Tier 2 applications I applied first and later my children and ex husband applied as dependents. As I had mentioned in previous posts for ILR I will be applying for the children based on sole responsibility (using court order and other documentation) as we have divorced. A solicitor suggested that children should apply at the same time with me. As ILR is very costly, what is the recommendation? Should I apply first and then immediately apply for children or does it help there application if they apply simultaneously.

[zimba]

Previously in all my Tier 1 and Tier 2 applications I applied first and later my children and ex husband applied as dependents. As I had mentioned in previous posts for ILR I will be applying for the children based on sole responsibility (using court order and other documentation) as we have divorced. A solicitor suggested that children should apply at the same time with me. As ILR is very costly, what is the recommendation? Should I apply first and then immediately apply for children or does it help there application if they apply simultaneously.

If you are applying under Tier 2 with sole responsibility, you can all apply for ILR together

[Sminx12]

I remember getting a UKNARIC certificate of compatibility for a USA masters degree to claim points for one of the Tier 1 application extensions. Now I am applying for ILR combining Tier 1 and Tier 2. English language requirements were previously met in all those applications. Do I have to again provide a new English language degree certificate for ILR?

[zimba]

I remember getting a UKNARIC certificate of compatibility for a USA masters degree to claim points for one of the Tier 1 application extensions. Now I am applying for ILR combining Tier 1 and Tier 2. English language requirements were previously met in all those applications. Do I have to again provide a new English language degree certificate for ILR?

No

[Sminx12]

Hi,
What is considered as the official ILR application date. E.g if we intend to apply 28 days before the qualifying period of 5 years etc, the date the application is submitted online or the date you enroll the biometrics. During this COVID 19 pandemic since it is not possible to get same day priority service for ILR, are people experiencing delays with biometric submission dates also?

[CR001]

Topics merged.

[CR001]

Hi,
What is considered as the official ILR application date. E.g if we intend to apply 28 days before the qualifying period of 5 years etc, the date the application is submitted online or the date you enroll the biometrics. During this COVID 19 pandemic since it is not possible to get same day priority service for ILR, are people experiencing delays with biometric submission dates also?

Date of application is the date you submit and pay online and not the biometric appointment date.

Yes there are obviously delays.

[Sminx12]

The documents for ILR for sole responsibility from children’s school and GP declaring I have been their sole contact as parent, should they be less than a month old or two months old etc is ok?

[Sminx12]

Does it make a good impression or bodes well for your ILR application if you can mention the name and contact of your immigration advisor. I am filling the application myself but my employer has an immigration and visa office and an advisor has assisted me with my queries etc. He says he is fine either way if I mention his contact or not except the one consideration that my application password will be shared with him so he leaves it upto me.
Is it generally good to have an immigration advisor mentioned in the ILR application?

[CR001]

Topics merged!! Please keep all your questions on the same application in one topic!!

[CR001]

Does it make a good impression or bodes well for your ILR application if you can mention the name and contact of your immigration advisor. I am filling the application myself but my employer has an immigration and visa office and an advisor has assisted me with my queries etc. He says he is fine either way if I mention his contact or not except the one consideration that my application password will be shared with him so he leaves it upto me.
Is it generally good to have an immigration advisor mentioned in the ILR application?

It makes absolutely not difference and HO don't care if you have one. An immigration advisor has no influence or sway or effect on with HO.

[Sminx12]

In the absences record that I provide on the online visa application, details for reasons to travel are asked. In the form I filled for the employers letter I only mentioned holidays for all personal trips but in the visa application I was wondering if I need to give more details like visiting parents, family court proceedings for divorce and children’s guardianship (I believe it is important also because my divorce decree and children’s guardianship court order is issued in Pakistan and I am submitting those with the ILR application and the dates on those documents would also coincide with my trips) and the wedding ceremony etc. Is this the correct approach.? Or should I then mention the same details in the form filled for absences by employer endorsed by you? I just thought that for the employer’s record just mentioning a holiday (I.e travel is personal and not work related) should suffice but with the home office it may be different and more details are required? Or should I simply mention holidays as the reason for all pakistan visits even in the visa application. My divorce decree and marriage certificate was previously accepted for my husband’s visa and I am hoping that the kids guardianship letter should too. It seems to be too much detail for the absences as i believe the HO primary concern is the duration of travel and whether absences were work related or personal and less than 180 days in total?

[CR001]

You are over thinking. If you went on holiday, state holiday, if you went on a business trip, state that.

Ho really do NOT care what your reasons for travel are.

[AmazonianX]

Well done OP, firing on all cylinders. The Moderators responding with detailed and sound reasonable responses are not paid in any way whatsoever by us and don't have a responsibility to attend to us. Can you at some point say "thank you" to them?