ILR (Set LR) - Questions

[proms1]

Hi Experts,

I hope you & your loved ones all are safe from COVID-19.

I have been a long-term follower of your page and really admire all of you for your skills/knowledge. Well done to you all. This is my first post here and I would really appreciate your time in answering following questions please (I have tried to be as brief as possible)

I arrived in the UK on - 21st Dec 2010
10 years continues residency completion on – 21st Dec 2020

Qstn 1. Can apply ILR (on 10 years Long residency) on the day of 23rd Nov 2020 OR 24th Nov 2020 (Considering 28 days provision)?
Qstn 2. I have an MBA degree from UK University so do not need to do an English language test but only the life in the UK test, right?

Currently I am on a Tier 4 visa, my wife and 2 kids are my dependants on Tier 4 (Visas valid beyond Feb 2021). I am planning to apply through super priority service (1 day),

Qsten3. Hopefully once I receive ILR email confirmation, can I apply for my family (spouse & NM1) Or do I have to wait for the biometric card (which normally takes 7-10 days)?
Qstn 4. Can apply NM1 for my kids (both UK born, 4 yrs & 2 years old)?

I believe, my wife needs to apply FLR(M) - Spouse Visa. She will complete almost 6 years in Nov 2020. She met income criteria (currently at £19,000 Gross p.a) by herself but she needs to do an English language test

Qstn 5. Can she do B1, instead of A1 for her first application?
Qstn 6. Would that (B1) be valid for her next (FLR-M after 2.5 years extension) and ILR too or Not?
Qstn 7. Is there any time provision for dependants once the main applicant switch the category (in my case from Tier 4 to ILR) while they still hold valid visas? Like I will apply for my family as quickly as I receive my decision.
Qstn 8. Anything else which I need to be considerate please?

I, thank you for all your help in advance.

[CR001]

Qstn 1. Can apply ILR (on 10 years Long residency) on the day of 23rd Nov 2020 OR 24th Nov 2020 (Considering 28 days provision)?
Qstn 2. I have an MBA degree from UK University so do not need to do an English language test but only the life in the UK test, right?

Qstn 1. You can apply no sooner than within 28 days before the 10th anniversary of the date you entered the UK. https://www.timeanddate.com/date/datead ... ad=28&rec=

Qstn 2. UK degree is sufficient plus LIUK test.

Qsten3. Hopefully once I receive ILR email confirmation, can I apply for my family (spouse & NM1) Or do I have to wait for the biometric card (which normally takes 7-10 days)?

You should wait for your BRP card ideally.

Qstn 4. Can apply NM1 for my kids (both UK born, 4 yrs & 2 years old)?

Yes, once you have your BRP card.

I believe, my wife needs to apply FLR(M) - Spouse Visa. She will complete almost 6 years in Nov 2020. She met income criteria (currently at £19,000 Gross p.a)

The income requirement is higher is your children are NOT yet British, i.e. £24,800pa.

by herself but she needs to do an English language test
Qstn 5. Can she do B1, instead of A1 for her first application?
Qstn 6. Would that (B1) be valid for her next (FLR-M after 2.5 years extension) and ILR too or Not?
Qstn 7. Is there any time provision for dependants once the main applicant switch the category (in my case from Tier 4 to ILR) while they still hold valid visas? Like I will apply for my family as quickly as I receive my decision.
Qstn 8. Anything else which I need to be considerate please?

Qstn 5. Yes she can do B1.

Qstn 6. Probably, if the test and test provider list doesn't change.

Qstn 7. No timelimit but should apply sooner rather than later, especially if you have future travel plans out of the UK. It would also be less financial requirement if the children are already British when she applies.

[proms1]

@ CR001 thank you for your prompt response.

I did check on timeanddate.com prior posting, it came as 23rd Nov 20 but I was confused that does it include the last day or not. Hence specifically asked for the date 23/11/20 OR 24/11/20.

Upon receiving ILR, if I apply for my kids NM1 first and then my Mrs apply for her own application (Kids applications will be pending at that time). Does she still needs to show £24,800?
I have a part time job too (15 hrs per week approx 7500 p.a). Perhaps shall we show combine income? sorry but getting confuse!

Would appreciate your detailed response. Thank you.

[CR001]

I did check on timeanddate.com prior posting, it came as 23rd Nov 20 but I was confused that does it include the last day or not. Hence specifically asked for the date 23/11/20 OR 24/11/20.

For the sake on one day, does it really matter when it is WITHIN 28 days and not exactly ON 28 days.

Upon receiving ILR, if I apply for my kids NM1 first and then my Mrs apply for her own application (Kids applications will be pending at that time). Does she still needs to show £24,800?
I have a part time job too (15 hrs per week approx 7500 p.a). Perhaps shall we show combine income? sorry but getting confuse!

Your children are only British once they are approved and have received their certificates.

[proms1]

Thank you! so I can apply do on 23/Nov.

Secondly, I will not be applying dependant visa for my kids and neither they will be part of my Mrs application so why do I need to show income for them?

[CR001]

Secondly, I will not be applying dependant visa for my kids and neither they will be part of my Mrs application so why do I need to show income for them?

Because they are NOT British and HO has a record of them on their system and will know that they are not British if you apply before they are approved for citizenship.

[proms1]

I appreciate your comments that they will not be British by then but they will have their own naturalisation applications in the queue and for clarification, they have always been dependant on their father and NOT to their mother. Also their Tier 4 dependant visas will be Valid too.

If i am right, a UK born child only need visa, if he/she needs to travel out/in of the UK and once one of the parent is settled, they are eligible for naturalisation?

Sorry but any friend (who have been through the same route/scenario) and solicitor I spoke to confirmed that we do not need to show income for kids as they are not part of the application and your Mrs is not jointly applying dependant visa with them. She will be applying FLR-M for herself only.

Yes they are on HO database and we will be declaring all their details accordingly but we are not applying dependant visa for them.

Is there any reference in immigration rules what you are referring to? Since you have raised this, now I want to clarify and this might help others too. Thank you!

[CR001]

I appreciate your comments that they will not be British by then but they will have their own naturalisation applications in the queue and for clarification, they have always been dependant on their father and NOT to their mother. Also their Tier 4 dependant visas will be Valid too.

An in process citizenship application confers no automatic rights and entitlements etc. It makes no difference who the children were 'dependent' on, it has nothing to do with whose visa they were dependent on. It has everything to do with then being non EU citizens. They are not British until approved and HO could very well expect to see the higher income threshold, from either parent, using joint income or one individual income. This is why I already said that if you apply for your wife after they are British, it is more clear cut.

If i am right, a UK born child only need visa, if he/she needs to travel out/in of the UK and once one of the parent is settled, they are eligible for naturalisation?

Yes, but that doesn't mean anything in terms of immigration rules until they are officially British. Children are Registered as British. Only adults are naturalised.

Sorry but any friend (who have been through the same route/scenario) and solicitor I spoke to confirmed that we do not need to show income for kids as they are not part of the application and your Mrs is not jointly applying dependant visa with them. She will be applying FLR-M for herself only.

Given that the children have visas and HO has a record of them, they could ask you to prove the higher income level.

Yes they are on HO database and we will be declaring all their details accordingly but we are not applying dependant visa for them.

In the FLR(M) form, you have to list any children, even those not applying.

Is there any reference in immigration rules what you are referring to? Since you have raised this, now I want to clarify and this might help others too.

See E-LTRP.3.1. c) (a)-(d)

https://www.gov.uk/guidance/immigration ... ly-members

Financial requirements
E-LTRP.3.1. The applicant must provide specified evidence, from the sources listed in paragraph E-LTRP.3.2., of-

(a) a specified gross annual income of at least-
(i) £18,600;
(ii) an additional £3,800 for the first child; and
(iii) an additional £2,400 for each additional child; alone or in combination with

(b) specified savings of-
(i) £16,000; and
(ii) additional savings of an amount equivalent to 2.5 times the amount which is the difference between the gross annual income from the sources listed in paragraph E-LTRP.3.2.(a)-(f) and the total amount required under paragraph E-LTRP.3.1.(a); or

(c) the requirements in paragraph E-LTRP.3.3.being met, unless paragraph EX.1. applies.

In this paragraph “child” means a dependent child of the applicant or the applicant’s partner who is-
(a) under the age of 18 years, or who was under the age of 18 years when they were first granted entry under this route;
(b) applying for entry clearance or leave to remain as a dependant of the applicant or the applicant’s partner, or is in the UK with leave as their dependant;
(c) not a British Citizen or settled in the UK; and
(d) not an EEA national with a right to be admitted to or reside in the UK under the Immigration (European Economic Area) Regulations 2016.

[proms1]

"This is why I already said that if you apply for your wife after they are British, it is more clear cut"

But will this not effect her 3c (although she will have a valid visa but the main applicant has changed the route), as by then it will be more then 6-8 weeks or may be even more then that?

Is there any rule or guidance on this?


"(c) the requirements in paragraph E-LTRP.3.3.being met, unless paragraph EX.1. applies."


Is this not referring to those who had been granted visa previously and need to apply visa for a child? Excuse me for my layman understanding!

What would be best in such scenario ?
(i) Show combine income with Mrs for my children?
(ii) Wait 6-8 weeks until children are British?


Cannot thank you enough for your time!

[CR001]

"This is why I already said that if you apply for your wife after they are British, it is more clear cut"

But will this not effect her 3c (although she will have a valid visa but the main applicant has changed the route), as by then it will be more then 6-8 weeks or may be even more then that?

Is there any rule or guidance on this?

If she has a valid visa, there is no Section 3C (this only applies when you submit an application and your visa expires while HO processes your application).
As long as she has a valid visa, she can apply to switch visas at any time before expiry. She just shouldn't travel out of the UK as she risks being refused re-entry.

"(c) the requirements in paragraph E-LTRP.3.3.being met, unless paragraph EX.1. applies."


Is this not referring to those who had been granted visa previously and need to apply visa for a child? Excuse me for my layman understanding!

It applies to all non British children, applying or not applying.

What would be best in such scenario ?
(i) Show combine income with Mrs for my children?
(ii) Wait 6-8 weeks until children are British?

Your choice. You can combine your income yes. Citizenship can take up to 6 months though and with the current backlog across all applications, expect delays.

[proms1]

"This is why I already said that if you apply for your wife after they are British, it is more clear cut"

But will this not effect her 3c (although she will have a valid visa but the main applicant has changed the route), as by then it will be more then 6-8 weeks or may be even more then that?

Is there any rule or guidance on this?

If she has a valid visa, there is no Section 3C (this only applies when you submit an application and your visa expires while HO processes your application).
As long as she has a valid visa, she can apply to switch visas at any time before expiry. She just shouldn't travel out of the UK as she risks being refused re-entry.

Something new learnt today that Valid Dependant Visas doesn't get effected even if the main applicant change the route. Thanks to you CR001.

"(c) the requirements in paragraph E-LTRP.3.3.being met, unless paragraph EX.1. applies."


Is this not referring to those who had been granted visa previously and need to apply visa for a child? Excuse me for my layman understanding!

It applies to all non British children, applying or not applying.

Thank you but solicitor still not accepting this and quoting that this apply to those children who had been granted visa and needs to maintain immigration category or needs to apply for a visa. He said, we have been applying like this and never had a single query or refusal.

What would be best in such scenario ?
(i) Show combine income with Mrs for my children?
(ii) Wait 6-8 weeks until children are British?

Your choice. You can combine your income yes. Citizenship can take up to 6 months though and with the current backlog across all applications, expect delays.

That's scary delay (finger crossed). Or the (iii) option is, upon receiving ILR , apply NM1 for kids and at a same time FLR-M for wife. Show my statement with kids for maintenance funds (income) and wife show her income with FLR-M? Would this be ok!

Has anyone experienced such scenario, please shed some light.

Thank you.

[CR001]

That's scary delay (finger crossed). Or the (iii) option is, upon receiving ILR , apply NM1 for kids and at a same time FLR-M for wife. Show my statement with kids for maintenance funds (income) and wife show her income with FLR-M? Would this be ok!

There is no 'maintenance funds' requirement for FLR(M). For FLR(M) you have to prove a minimum of 6 months payslips and corresponding bank statements meeting the requirement.

[proms1]

That's scary delay (finger crossed). Or the (iii) option is, upon receiving ILR , apply NM1 for kids and at a same time FLR-M for wife. Show my statement with kids for maintenance funds (income) and wife show her income with FLR-M? Would this be ok!

There is no 'maintenance funds' requirement for FLR(M). For FLR(M) you have to prove a minimum of 6 months payslips and corresponding bank statements meeting the requirement.

Sorry what I meant was a bank statement to prove 6 months income meeting the requirements.

Would this option be workable (what solicitor is advising)? "Upon receiving ILR , apply NM1 for kids and at the same time FLR-M for wife (£19K G p.a), separate applications.

[CR001]

Your choice what you do. However, submitting an MN1 application doesn't mean anything until they are officially British and have the certificate to prove it. It would be separate applications anyway under completely different rules and laws.

[proms1]

Your choice what you do. However, submitting an MN1 application doesn't mean anything until they are officially British and have the certificate to prove it. It would be separate applications anyway under completely different rules and laws.

Hence the solicitor is insisting that it won't effect as these comes under completely separate rules and laws but I just wanted to be certain (once you raised this due to income threshold) that this is the right way forward?
CR001 - cannot thank you enough for your time today. Wish you all the good health and happiness.

[seagul]

Thank you but solicitor still not accepting this and quoting that this apply to those children who had been granted visa and needs to maintain immigration category or needs to apply for a visa. He said, we have been applying like this and never had a single query or refusal.

Show/forward him/her following official quote from Appendix FM 1.7

2. Calculating the financial requirement
However, where the application includes sponsorship of a child at the same time (or at
any time before the applicant reaches settlement), or where the sponsor is already
sponsoring a child, the minimum income threshold increases and there is a higher
financial requirement to be met.

[proms1]

Thank you but solicitor still not accepting this and quoting that this apply to those children who had been granted visa and needs to maintain immigration category or needs to apply for a visa. He said, we have been applying like this and never had a single query or refusal.

Show/forward him/her following official quote from Appendix FM 1.7

2. Calculating the financial requirement
However, where the application includes sponsorship of a child at the same time (or at
any time before the applicant reaches settlement), or where the sponsor is already
sponsoring a child, the minimum income threshold increases and there is a higher
financial requirement to be met.

@ seagul - thank you for your response.

I had a further discussion with an immigration barrister, who also confirmed the same, what solicitor was advising that "it applies if you include a child in an application (new/old) but as you're not applying for child hence no need"

[proms1]

Good afternoon Guys

Re: ILR (SET LR)

If any of you can kindly shed some light on following questions.

1. Qstn – Are you currently employed? (you can select more than one option)
Options – I am employed (Includes Full and Part Time work) – I am Self Employed – I am retired – I am a Student
For me: I am on Tier 4 (Doctorate) student visa and working part time 15hr/w.

But while filling up the employment section – form does not ask for type of employment (Full/part time) – I hope this will not have adverse effect on the case? Please advise, best option.


2. ILR due in Nov and Tier4 visa is valid beyond Mar 2021 – Am I allowed to continue study & working (p/time) while my application is in process (Max 20Hr per week during term time as per tier 4)?

3. What would you answer to this? Explain why you do not have friends in any of these countries?

4. Also: are you part of any social group? If not explain why not?

I thank you for your help in advance.

[zimba]

1. Employment status is irrelevant under SET(LR)
2. Yes, your current visa remains valid and your conditions do not change
3. Does not matter. Put whatever you wish
4. Does not matter. Put whatever you wish

[proms1]

1. Employment status is irrelevant under SET(LR)
2. Yes, your current visa remains valid and your conditions do not change
3. Does not matter. Put whatever you wish
4. Does not matter. Put whatever you wish

Thank you Zimba - for your prompt response. Appreciated.