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Apply for ILR Process

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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HazMaz
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Joined: Mon Dec 23, 2019 1:54 am
Jordan

Apply for ILR Process

Post by HazMaz » Tue Mar 23, 2021 4:06 pm

I am really sorry for the long email but I have been using this forum for a while and found it really useful.
This week I am applying for ILR under Tier 2 five years continus residancy (Set (O)).
I am the main applicant and I have my wife and two kids.
I have two questions:
1- My wife tier 2 dependent visa starts on 3-May-2016 and expires on 29-Mar-2021. While mine starts on 05-Apr-2016 and expires on 29-Mar-2021. This mean my wife cant do the 5 years continus residancy (5years - 28 days) while the visa is valid (at the best we will need one week for her 5 years continous residancy to be completed). my question here: can I apply for the ILR and include her even she didn't complete the 5 years continous residancy? If no, what should I do then? If yes, can I apply for five days faster decision?
2- Both of my kids are born in the UK and had tier 2 dependant visa. Do i need to include them in the same application ?

Many many thanks

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CULLINAN
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Posts: 11124
Joined: Wed Sep 13, 2017 10:51 pm
Pakistan

Re: Apply for ILR Process

Post by CULLINAN » Tue Mar 23, 2021 4:16 pm

1) Apply wife’s ILR before current visa expiry. Book biometrics after 5th April 2021 (when she actually qualifies). Currently, biometrics are running at a 28 day lag anyways. If a decision is made when your wife qualifies for ILR, no issues. She will be covered by Section 3C for continuous residence.

2) UK born children can be registered as British after at least one parent gets ILR. No need to apply ILR for them. Their current visa expiry is irrelevant. However note they may not be covered by NHS costs after current visa expiry and before successfully registered as British Citizens. Also add a cover letter with your application and mention the same.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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CULLINAN
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Posts: 11124
Joined: Wed Sep 13, 2017 10:51 pm
Pakistan

Re: Apply for ILR Process

Post by CULLINAN » Tue Mar 23, 2021 4:21 pm

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
the date of decision
• any date up to 28 days after the date of application
Page 10
https://assets.publishing.service.gov.u ... 2.0ext.pdf

Add the above guidance in the cover letter for your wife.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

HazMaz
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Posts: 23
Joined: Mon Dec 23, 2019 1:54 am
Jordan

Re: Apply for ILR Process

Post by HazMaz » Tue Mar 23, 2021 4:33 pm

Many thanks Sir for your swift, detailed and helpful response.
But can I apply for 5 days faster decision? I am not sure how that works will I still be able to delay the biometrics even if I apply for 5 days faster decision?

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CULLINAN
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Posts: 11124
Joined: Wed Sep 13, 2017 10:51 pm
Pakistan

Re: Apply for ILR Process

Post by CULLINAN » Tue Mar 23, 2021 4:37 pm

HazMaz wrote:
Tue Mar 23, 2021 4:33 pm
Many thanks Sir for your swift, detailed and helpful response.
But can I apply for 5 days faster decision? I am not sure how that works will I still be able to delay the biometrics even if I apply for 5 days faster decision?
Yes you can. The super priority/priority service is provided by UKVI not UKVCAS. You pay the SP/P service along with the application fees when you submit your application. Then you book an appointment with UKVCAS (you have 45 working days after submission). The biometrics appointment is running at a 28 day lag anyways. SP/P service starts time count AFTER biometrics. So yes choose a date for biometrics after 5th April 2021 (which will be the case by default anyways).
Steps to follow after completing the form online.
Depending on your visa category, you will fill the appropriate form online:

Step 1: Pay [fee + super priority fees (if available upon your choice)] and submit application via UKVI ONLINE.

Tip: Date of application is the date you pay and submit online, biometrics date is irrelevant.

Step 2: After payment, you will reach “further actions page.” If you click on “book an appointment,” system will reroute you to create an account on UKVCAS where you can upload your documents and book an appointment.

Tip: You are sent an access code to set up an account on UKVCAS which usually lands up in Junk folder.

Step 3: Booking an appointment with UKVCAS.

You must book an appointment now. IDV is the past except T4. You get 45 working days after submission.

Tip: You are given a deadline to submit your biometrics on the further actions page. Since the backlog for biometrics has subsided, you should meet the deadline.

Step 4: Now you can submit your documents to UKVI via UKVCAS portal even before your biometrics. The option usually appears when you have uploaded all your documents, sign out and sign in again. The option can be found on the “document upload page” right at the bottom.

Note: Self-submission is OPTIONAL. If you want to benefit from the new feature, you must upload and self-submit up to 48hrs before the appointment. If you do NOT want to self-submit, you can upload ANYTIME before the appointment date and submit at the appointment itself. Self-submission is recommended as you may save some processing time - your documents are sent to UKVI even before biometrics in this case. You can self-submit only ONCE. But if you forget to upload any documents, you can always upload later on (after self-submission) and submit at the appointment then (you will not be able to self-submit again but can submit at appointment again).

Read “self-submit” “submit” “upload” separately.

Tip: The best approach would be to benefit from the new self-submit feature.

Step 5: Once the process as stated above is completed, you should wait for a decision.
Cullinan
Suggestion for booking biometrics appointments, might be helpful to new users:

You have 45 working days to book an appointment (excluding Sat/Sun) after online submission. These days biometrics appointments are running at a 28 days lag i.e. you get an appointment for the 28th day unless you get to find an earlier cancellation.

My suggestion:
1) Login UKVCAS booking system 12 AM midnight GMT to look for appointments.

2) Look for different centres and locations if you are willing to travel.

3) Look continuously for 3/4 days regularly (after submission and before booking a slot) to find an earlier cancellation or free appointments during the day/after midnight. For free appointments look especially between 6am-9am in the morning. Free options are offered by Core Centres only (week days).

4) If you fail and can not find any earlier cancellations or free appointments for next 3/4 days after submission, book one logging in at 12 AM midnight GMT. You will get one for the 28th day (has to be a week day for better availability). If the 28th day is a Sat/Sun, availability will be almost nil.

I would suggest you try your luck for 3/4 days before you book one. Once you book an appointment, you will not be able to see any more availability.
Cullinan
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

HazMaz
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Posts: 23
Joined: Mon Dec 23, 2019 1:54 am
Jordan

Re: Apply for ILR Process

Post by HazMaz » Tue Mar 23, 2021 9:04 pm

Many thanks

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