COVID-19 and ILR Query

[T4toT2]

Let's try to find some information on what happens if our salary drops due to being furloughed to a level

1-below what was stated on the CoS
2-below what was stated on the CoS and also below the minimum threshold

and how this impact ILR applications..

All of these remain open/unanswered questions for now.

The requirement for ILR is to meet the salary requirement at the time of ILR application. HO don't expect or want to see your salary details evidence for the entire 5 years.

It is likely impossible at this stage for HO to consider every single aspect of every single visa category. Tier 2 is not the only one with specific salary requirements.

I have two similar questions and one ILR related question

1- Does my sponsor need to report my furlough status to UKVI through SMS system or it's okay
2- As i've been furloughed from 1st May so the salary will be reduced to 80%, would it impact my 10 year ILR in next February
3- My tier 2 visa expires on 11/02/2021 when i'll be 19 (47-28=19) days short from 10 years.
Arrived UK on Tier 4 visa on 30/03/2011 (Tier 4 visa granted from 22/03/2011) whats the rule for early ILR application as i don't want to spend extra money on extension and deal with extra complexity.

I'd really appreciate your input on this as the answer of these questions will give me some assurance in this unprecedented and difficult time.

[tier2genmisery]

Let's try to find some information on what happens if our salary drops due to being furloughed to a level

1-below what was stated on the CoS
2-below what was stated on the CoS and also below the minimum threshold

and how this impact ILR applications..

All of these remain open/unanswered questions for now.

The requirement for ILR is to meet the salary requirement at the time of ILR application. HO don't expect or want to see your salary details evidence for the entire 5 years.

It is likely impossible at this stage for HO to consider every single aspect of every single visa category. Tier 2 is not the only one with specific salary requirements.

I have two similar questions and one ILR related question

1- Does my sponsor need to report my furlough status to UKVI through SMS system or it's okay
2- As i've been furloughed from 1st May so the salary will be reduced to 80%, would it impact my 10 year ILR in next February
3- My tier 2 visa expires on 11/02/2021 when i'll be 19 (47-28=19) days short from 10 years.
Arrived UK on Tier 4 visa on 30/03/2011 (Tier 4 visa granted from 22/03/2011) whats the rule for early ILR application as i don't want to spend extra money on extension and deal with extra complexity.

I'd really appreciate your input on this as the answer of these questions will give me some assurance in this unprecedented and difficult time.

Normally you can apply for ILR 28 days before you qualify - At least that was the case last I checked. So the 19 days shouldnt be a prob.
And don't think the salary drop will affect your 10 year ILR application
Not sure about the first one.

[T4toT2]

Its 19 days after excluding the 28 days. It’s actually 47 days short in total to make 10 years. So it’s 47-28=19 days (If count from date of first visa issued its 11 days short) is it still acceptable as a valid ILR application. Could go for postal services to slow the process a bit to makeup my total 10 years.


I’m not too sure but I don’t think my sponsor has to notify the UKVI via SMS about the furlough status, I haven’t seen anything about it anywhere on the gov.uk website. Gov.uk website says if you work from home no need to notify UKVI or if you’re furloughed or salary reduced to 80% company wide its okay temporary basis as long as it’s goes back to normal once everything back to normal. No mention about notifying them.

https://www.gov.uk/guidance/coronavirus ... 5-sponsors

[T4toT2]

Point 1, ILR for Furlough worker:

I'm now on furloughed from 1st of may till 1st of June, hope that wont impact my ILR application next year February 2021, also my sponsor didnt notify UKVI about my furlough status hope they won't penalise me for this and they'd understand considering this pandemic situation.

Point 2, about ILR:

My tier 2 visa expires on 11/02/2021 when i'll be 19 (47-28=19) days short from 10 years, even after excluding the 28 days period, in total 47 days if you exclude 28 then 19 days short.

Arrived UK on Tier 4 visa on 30/03/2011 (Tier 4 visa granted from 22/03/2011) whats the rule for early ILR application as i don't want to spend extra money on extension and deal with extra complexity.

[zimba]

Your employer does NOT need to notify UKVI if they furlough you. SET(LR) eligibility is separate and has nothing to do with your Tier 2 salary reduction. You will be eligible for SET(LR) on 02/03/2021 the earliest. You can apply early as long as your the day of ILR decision ends up on or after 02/03/2021

[T4toT2]

Thanks a lot for your kind reply Zimba' Really helpful.

What will happen to my wife's (my dependant) visa? shall I apply for ILR on the 10/02/2021 then apply for her spouse visa FLR(M) on the same day for my wife as both of our visa expires on 11/02/2021 then mentions in her application main applicants ILR pending.

Guessing I don't require to send any special documents for my ILR set (LR) and my wife's spouse visa FLR (M).

Can you please kindly let me know the list of documents i need to send for my ILR set (LR) and also required documents for my wifes FLR (M) application.

Also to fulfill her FLR(M) criteria what's the required documents for salary and residency:

- 6 Months payslips
- 6 Months Bank statement showing salary coming in
- 2 P60 one 2018/2019 and another 2019/2020
- Tenancy agreement (does she needs property inspection certificate as well)
- Marriage certificate
- Genuine relationship proof, i.e. marriage photo, phone call statement, WhatsApp chat etc.(She's here with me since November 2019)
- two official letters separately in both of our name in the same address to proof we live in the Same address. As we don't have anything joined that would show both of our address in the same official letter or post
- B1 english test so she can use the same B1 for extensions and ILR application rather than doing A1 then A2 then B1
- obviously passport & BRP both mine and her

Anything else you suggest document wise both for her and mine application. I'd greatly appreciate your valuable input in this. Many Thanks.

[zimba]

SET(LR) has minimal documents: LIUK, English and all your passports. FLR(M) has financial requirements and required documents are mentioned here https://assets.publishing.service.gov.u ... -ext_1.pdf

[CR001]

Thanks a lot for your kind reply Zimba' Really helpful.

What will happen to my wife's (my dependant) visa? shall I apply for ILR on the 10/02/2021 then apply for her spouse visa FLR(M) on the same day for my wife as both of our visa expires on 11/02/2021 then mentions in her application main applicants ILR pending.

Guessing I don't require to send any special documents for my ILR set (LR) and my wife's spouse visa FLR (M).

Can you please kindly let me know the list of documents i need to send for my ILR set (LR) and also required documents for my wifes FLR (M) application.

Also to fulfill her FLR(M) criteria what's the required documents for salary and residency:

- 6 Months payslips
- 6 Months Bank statement showing salary coming in
- 2 P60 one 2018/2019 and another 2019/2020
- Tenancy agreement (does she needs property inspection certificate as well)
- Marriage certificate
- Genuine relationship proof, i.e. marriage photo, phone call statement, WhatsApp chat etc.(She's here with me since November 2019)
- two official letters separately in both of our name in the same address to proof we live in the Same address. As we don't have anything joined that would show both of our address in the same official letter or post
- B1 english test so she can use the same B1 for extensions and ILR application rather than doing A1 then A2 then B1
- obviously passport & BRP both mine and her

Anything else you suggest document wise both for her and mine application. I'd greatly appreciate your valuable input in this. Many Thanks.

Please ask your FLR(M) questions in the Immigration for Family sub forum, as the questions are not relevant to the ILR topic or sub forum.

immigration-for-family-members/