180 days absence calculation for ILR Dependant

[Vivek112]

Hello All,

Recently I got my British passport and my wife is eligible for ILR from feb 2022(5 years route as she stayed in UK). we are planning to visit India next month for long stay as she is in maternity holidays now. I understand ILR applicants cannot stay more than 180 days in last 12 months. Is this rule applicable for dependants too ?

Could you please advice ?


Thanks
Vivek

[zimba]

For PBS dependants, the 180 days rule applies if their latest leave was issued after 11 Jan 2018.

[Vivek112]

Right! thank you for reply.

[Vivek112]

Hello,

I am applying for ILR for my wife on PBS dependent Tier2 route-Set(O). I have a few questions related to application, Apologies this might be answered in other threads but just want to make sure I understand correctly.

I was on a Tier-2 General visa and got ILR in May 2019 and got a British passport in April 2021.

My Wife(applicant) came to UK on Tier-2 General dependant visa,
Initial Visa                                - Feb 2017  -  Dec 2019  
Extended again 3 years.   - Dec 2019  - Dec 2022

She is now eligible for ILR from Feb 2022 and we are preparing application now. 

So couple of questions,
1. Does the period of stay on which this application was based include any leave granted since 11 January 2018?  YES or NO
2. Which visa is Mr xxxxx applying for or been granted?  Tier2- General 
3. Do you have one of these reference numbers for Mr xxxxx? - No is correct or or we need to enter BRP ref
Yes, I have their VAF number
Yes, I have their GWF number
No, I do not have a reference number for them[/i]
4. If they have one, what is Mr ** sponsor licence number?  - Is this mandatory field


Thanks in advance.


Thanks
Vivek

[zimba]

1. Yes, enter any absences since Dec 2019
2. Tier 2
3. No
4. Put the your old sponsor number if you have

[Vivek112]

Thank you Zimba,

So from Dec 2019 - March 2022 she was outside of UK more than 180 days period, Will that be a issue for applicant.

I was hoping last 12 months is what they see?

[zimba]

It is calculated on a rolling basis. No more than 180 days in any 365 days period

[Vivek112]

Thank you.

Lastly, My wife has completed a Degree which has taught in English and we have a Degree certificate.

But on Mandatory documents list its asking Ecctis letter,
Ecctis letter that confirms the qualification meets or exceeds the recognised standard of a Bachelor's or Masters degree or PhD in the UK AND confirm the level of English to which the degree was taught or researched.

Do we need to verify a letter from Ecctis or Indian degree certificate is fine?

[zimba]

Yes. As per Immigration Rules Appendix English Language, you need to provide evidence given under EL 5.3 as well as EL 5.4.
It may be easier/faster for your spouse to pass a SELT test at B1 level instead.

Academic qualification
EL 5.1. An applicant will meet the English language requirement if they have an academic qualification which meets one of the requirements at EL 5.2. and is proven by the required evidence under EL 5.3. or EL 5.4.

EL 5.2. The requirements are that the applicant has:
(a) a bachelor’s degree, master’s degree or doctorate awarded in the UK; or
(b) a degree or degree-level qualification taught in a university or college in a majority- English-speaking country listed in EL 4.1. (except Canada), or Ireland, which meets or exceeds the recognised standard of a bachelor’s degree, master’s degree or doctorate awarded in the UK; or
(c) a degree or degree level qualification which meets, or exceeds, the recognised standard of a UK bachelor’s degree; master’s degree or doctorate and was taught or researched in English.

EL 5.3. The requirement at EL 5.2. must be proven by one of:
(a) a certificate from the awarding body: or
(b) a transcript issued by the university or college that awarded the qualification; or
(c) an official letter from the university or college that awarded the qualification containing information equivalent to a degree certificate.

EL 5.4. If the qualification was awarded by a body from outside the UK, the requirement at EL 5.2. must, in addition to the requirement at EL 5.3, be proven by confirmation from Ecctis that the qualification meets the requirements at EL 5.2(b) or EL 5.2(c).

https://www.gov.uk/guidance/immigration ... h-language

[Vivek112]

Thank you

[Vivek112]

Hello Everyone,

We dropped an ILR dependent(set O) visa using super priority service to get a decision in 24 hours paying £800 extra. It's been 3 working days until today and we haven't received any updates from the embassy.

Just wanted to know,
1. Do we need to contact them in this case or wait for them?
2. Can i ask for a refund of my 800 as it's not done in 24 hours time.
3. Can we travel abroad using an existing valid visa until we receive confirmation email or new ILR card.

Please let me know.

Thanks

[zimba]

The priority service is NOT a guaranteed service. The refunds are given automatically. You must NOT travel when you have a pending application or else it will be considered withdrawn

[Vivek112]

OK I understand thanks.

So nothing much we can do now isn't.

[Vivek112]

Hi Zimba,

Sorry one last question.

We just realised we submitted,
PART 3: Consent for the Home Office to verify information from third party sponsor (i.e. to be signed by the financial sponsor).

PART-1(wife) AND PART-2(myself) are mandatory. Blind mistake, I signed PART-3 and submitted. Do you think this will be an issue ?

[whereismyilr]

if that gives you any comfort my superpriority service ILR is also delayed. Had biometrics on 8th April, was expecting decision on 11th, have not heard from HO at all. My lawyer emailed them on 14th, nothing. I will be asking MP to escalate if still nothing this week.

[Vivek112]

Hey, sorry to hear that. I think this is because of Ukraine war-immigrant visas.

I will email them tomorrow and see any luck. Please keep me posted if MP email helps.

I have booked a holiday in may 1st week and now it's a bit frustrating and I think i wont make it.


Thanks

[zimba]

Hi Zimba,

Sorry one last question.

We just realised we submitted,
PART 3: Consent for the Home Office to verify information from third party sponsor (i.e. to be signed by the financial sponsor).

PART-1(wife) AND PART-2(myself) are mandatory. Blind mistake, I signed PART-3 and submitted. Do you think this will be an issue ?

It should not be an issue

[Vivek112]

Relaxed. thank you.

[Vivek112]

Hey whereismyilr,

Did you get any updates from home office on your ILR application ?

[whereismyilr]

Hey Vivek,

nah havent heard back at all. I emailed my MP who was quite helpful and said they would follow-up with their account manager at UK Visas and Immigration (this was on Monday), but that they technically have 20 working days to respond to MP requests.

All very frustrating, i'll keep you updated. Any news on your application?

[Vivek112]

No same for me. I will email my MP tomorrow and see how that goes.

[domink27]

Hi Vivek, whereismyilr,

Just checking if either of you heard back on your super priority application. I did mine a couple of days ago and haven't heard anything back

Trying to figure out how long it's taking now

Thanks

[whereismyilr]

Nah i have not heard anything, my lawyer will follow-up again today...

[domink27]

Thanks, please update us as and when there is info,

What a shambles, if they don't have capacity they should stop accepting super priority applications.

Taking thousands of pounds from applicants and then not delivering and not being contactable is ridiculous

[Vivek112]

I know It's same for everyone. You will get refund anyway but that not what we wanted other than faster decision.

I emailed them again today.