30days short an ILR application

[Mur]

Hi ,
I submitted my set o application on Jun still I have not got any decision from home office . Could you answer me for the below question please?
1.Do I need to wait until 6 months to complete for escalate or can I escalate atleast 15 days before?
2.My dependents visa is going to expire in January and they are having 35days shortage to eligible for ILR . Which category visa i need to apply for them?
3. How many years i need to apply for IHS?
4. Do I need to apply visa for them 20 days before their current visa expires?
5. Can I change my employment while application in home office for ILR?
6. Is anyone is like me who applied in June and still waiting for decision?
Thanks

[CULLINAN]

I am assuming you have applied via Tier 2 G route for ILR?

1) 6 months

2) Apply ILR for them before visa expiry and book a biometrics appointment only when they qualify. Note, their applications will only be accepted if yours is accepted first. Note, they must apply before their visa expiry regardless if you have a decision by then or not.

3) N/A

4) No but before expiry of the visa. Could be even done 1 day before visa expiry.

5) No

6) Check timeline thread.

[Mur]

Hi Cullinan,

Thanks for your reply. Sorry to reiterate, But they have not stayed in uk for 5 years fully .They spent outside UK only 42 days in the last 4 years 11months stay. Do you still advising me to apply for ILR for them?

[CULLINAN]

Hi Cullinan,

Thanks for your reply. Sorry to reiterate, But they have not stayed in uk for 5 years fully .They spent outside UK only 42 days in the last 4 years 11months stay. Do you still advising me to apply for ILR for them?

Yes. Apply before their visa expiry. They will be covered by Section 3C and continuous residence will not break. Book a biometrics appointment only when they actually qualify (i.e. completing 5 years minus 28 days from date of initial visa grant). As long a decision is made on the date when they qualify, CW must calculate their continuous residency from the date of decision.

Page 11:
https://assets.publishing.service.gov.u ... gov-uk.pdf

[Mur]

Hi,
I recently got my ILR and Thanks for your valuable guidance to get it.
I need your expert knowledge to sort my dependant Visa too.
My wife's 1st Tier 2 dependent visa issued in India on 19/03/16 arrival date in UK on 31/03/2016 and visa expiry on 13/05/18.
Then I extended again on Tier2 dependent. Issue date 11/05/2018 in UK and will expire on 16/01/2021
If I take the visa issue date 19 March 2016 then the 5 years will be on 18 Mar 2021. Taking 28 days early application in to account she would be eligible to apply 18 Feb 2021 but I have apply before 16 jan 2021 since her current visa expire.
Now my question is:
1. Do I need apply Tier 2 general dependant extension first and not providing biometric for that until 17/02/2021 then make an ILR application and withdraw Tier 2 dependant? Or can I apply directly ILR set M application?
2. If I want to apply Tier 2 dependant extensions. Will I get my money back if I withdraw it after applying ILR? I need to apply 3 dependants and it will cost around 8000GBP.
3. When I should drop Tier 2 dependant extension visa? After I submit Biometric for ILR or before that?
Can you please advise seniors and moderators? I'm really in tense and don't know what to do now? Many thanks in Advance.
4. Some solicitor are saying you can apply ILR set m instead of Tier 2 dependant extension but they are not 100% confident on my application success. What is your opinion on that?
Thanks

[CR001]

Topics merged.

You have already been given advice.

[Mur]

Topics merged.

You have already been given advice.

Hi CR001,

Apologies for posted again for more clarity on my query. Could you please help me where to find that date of decision also be consider for calculating continuous residence. All are referring Section 3c but I could not able to find it.

Thanks,

[CR001]

Hi Cullinan,

Thanks for your reply. Sorry to reiterate, But they have not stayed in uk for 5 years fully .They spent outside UK only 42 days in the last 4 years 11months stay. Do you still advising me to apply for ILR for them?

Yes. Apply before their visa expiry. They will be covered by Section 3C and continuous residence will not break. Book a biometrics appointment only when they actually qualify (i.e. completing 5 years minus 28 days from date of initial visa grant). As long a decision is made on the date when they qualify, CW must calculate their continuous residency from the date of decision.

Page 11:
https://assets.publishing.service.gov.u ... gov-uk.pdf

Page 10 in the link you have already been provided.

[CULLINAN]

Also see:

Section 3C guidance:

https://assets.publishing.service.gov.u ... 9.0ext.pdf

[Mur]

Also see:

Section 3C guidance:

https://assets.publishing.service.gov.u ... 9.0ext.pdf

Hi Cullinan & CR001,

Thanks for point out of that. Is this guidance only applicable for Tier1 or is it applicable for Tier 2 also?

Regards

[CR001]

Also see:

Section 3C guidance:

https://assets.publishing.service.gov.u ... 9.0ext.pdf

Hi Cullinan & CR001,

Thanks for point out of that. Is this guidance only applicable for Tier1 or is it applicable for Tier 2 also?

Regards

It applies to ALL visa routes!!

[Mur]

Also see:

Section 3C guidance:

https://assets.publishing.service.gov.u ... 9.0ext.pdf

Hi Cullinan & CR001,

Thanks for point out of that. Is this guidance only applicable for Tier1 or is it applicable for Tier 2 also?

Regards

It applies to ALL visa routes!!

Hi CR001,

Do I need to use Set (o) form or Set (M) for my wife & kids who are holding Tier 2 general dependant (PBS dependant)? Also my wife is working now. Does she need to get any document such as like employer letter & Absence letter from them?
She booked life in the UK test in Luton on 23/12. We don't know if it will be conducted or not since it is tier 4 & where we are living is also Tier 4 . As of now we did not get any notice. We are planning to call the centre tomorrow to get to know. If it is cancelled , Do you think we can submit an application without Life in the UK test result? 
Thanks

[CR001]

Set O if they hold lbs dependent visas.

No to employment evidence, this is not relevant at all.

[Mur]

Set O if they hold lbs dependent visas.

No to employment evidence, this is not relevant at all.

Thank you very much. I will kick off to fill the application for them. Thanks again.

[Mur]

Hi Cullinan,

Thanks for your reply. Sorry to reiterate, But they have not stayed in uk for 5 years fully .They spent outside UK only 42 days in the last 4 years 11months stay. Do you still advising me to apply for ILR for them?

Yes. Apply before their visa expiry. They will be covered by Section 3C and continuous residence will not break. Book a biometrics appointment only when they actually qualify (i.e. completing 5 years minus 28 days from date of initial visa grant). As long a decision is made on the date when they qualify, CW must calculate their continuous residency from the date of decision.

Page 11:
https://assets.publishing.service.gov.u ... gov-uk.pdf

Hi CULLINAN,

Hope you are keeping you safe. I submitted my wife's & kid's ILR application yesterday even though they have 30 days shortage for ILR. As you said it will be covered in section 3C. Now my question is
1.Do I need to wait UKVCAS to send IDV app email for opt out /Opt in?
2. If I choose opt in, is it possible that I can wait until their actual eligibility for ILR ( 18th Feb- 4 Years 11 months completion)

Thanks,

[CULLINAN]

IDV is the past. You must book an appointment now. If you look tonight after 12AM GMT, you should get one for 9th Feb. Book accordingly. Every passing day, slots for the 28th day open up. You can simply wait till they qualify. You have 45 working days to submit biometrics after submission.

[CULLINAN]

IDV is the past. You must book an appointment now. If you look tonight after 12AM GMT, you should get one for 9th Feb. Book accordingly. Every passing day, slots for the 28th day open up. You can simply wait till they qualify. You have 45 working days to submit biometrics after submission.

Add the guidance quoted in my previous posts in the cover letter also.