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ILR Eligibility topic

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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ejigarpatel
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Eligibility for ILR

Post by ejigarpatel » Fri Feb 17, 2023 5:29 pm

Hi All,

Apologies in advance if I am repeating the question which has been answered many times. But as we know everyone has different cases so just asking to be 100% sure before my ILR application.

Currently, I am on a Tier 2 visa. I had applied for 5 years visa directly, but due to processing time, the visa I got is not exactly 5 years but a bit less on my BRP.
The dates on my BRP are:
Visa start date: 13 June 2018
Visa end date: 15 April 2023

I applied for my Tier 2 visa on 04 May 2018, will I be eligible to apply for ILR directly even if I am short 2 months? or need an extension for Tier 2?

In my company sponsor COS Start date is 01 June 2018 and End date is 01 April 2023.

FYI - I was on a Tier 4 student visa and then converted to Tier 2 inside the UK. So I was in the UK at the time of application and a year before.

Is anyone in the same boat?

Thanks,
Jigar

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zimba
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Re: Eligibility for ILR

Post by zimba » Sat Feb 18, 2023 12:43 am

You will be eligible for ILR 28 days from completing your 5 years. Apply before visa expiry and delay biometrics until you are eligible.
See: indefinite-leave-to-remain/dependent-el ... l#p2072912
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ejigarpatel
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Re: Eligibility for ILR

Post by ejigarpatel » Sun Feb 26, 2023 4:23 pm

Thank you Zimba!

Are there any chances of rejection in such cases? Our HR (from Employer), has contacted home office and explained the situation, HomeOffice replied with this:
"If they make an in time application, i.e. before 15/04/23, they can include a request to delay consideration until 13/06/23 and fully explain the circumstances. UKVI decide if they accept such circumstances on a case by case basis. This is 5 years from the original date of decision for the T2 application at which point the caseworker can verify they are still employed, are still required, and therefore qualify to be granted."

Our HR is also happy to write a supporting letter explaining our situation and the option to generate new CoS if require before HO takes any negative decision. Do you suggest anything else we can use to make our case strong and avoid rejection?

(just want to be prepared for anything worst-case scenario)

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Re: Eligibility for ILR

Post by zimba » Sun Feb 26, 2023 8:41 pm

Do not make assumptions as the rules and procedures are specific. UKVI helplines and contacts are manned by third parties that often do not give accurate advice. You do not need a new COS for the ILR stage. Note that you can delay your biometrics for up to 45 days and you will be within 28 days to be granted ILR. The link I posted above explains how this works as per the rules
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: Eligibility for ILR

Post by ejigarpatel » Mon Feb 27, 2023 10:40 am

Appreciate your reply Zimba,

Thanks for sharing that HomeOffice's reply is based on third-party services, understood.

Yes, I fully agree with you, I want to avoid any assumptions and hence asked what are the chances of rejection? We don't want to ruin our 5 years of stay with any error. The reason for the new CoS is not for the ILR but to apply for an extension (if our ILR application is immature), to cover 2 months of the gap and avoid refusal.

Thank you again for sharing the link and explaining that if we delay biometrics to 45 days, we will be inside 28 days granted period for the ILR. We will try to follow that.

Do you suggest any other document to submit to support our application? What usually happens if the caseworker doesn't take a decision in our favour?

Apologies if I keep asking similar kinds of queries and thank you again for your kind support!

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Re: Eligibility for ILR

Post by zimba » Mon Feb 27, 2023 3:35 pm

You do not need any extra documents. This advice is given as per guidance and rules and has been given to many before.

See also: indefinite-leave-to-remain/calculating- ... l#p2091622
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: Eligibility for ILR

Post by ginopee89 » Mon Mar 06, 2023 12:43 am

Hi Jigar,

I've been following this thread and been very helpful. We were on almost the same boat except I came directly from Philippines on a Tier 2 visa and also 2 months short from visa expiration to 28 days before 5 years from arrival date. If you don't mind can you please send me an email? my email address is [EMAIL removed]. I really wanted to hear from you how your application went through.

Regards

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Re: Eligibility for ILR

Post by zimba » Mon Mar 06, 2023 1:09 am

ginopee89 wrote:
Mon Mar 06, 2023 12:43 am
Hi Jigar,

I've been following this thread and been very helpful. We were on almost the same boat except I came directly from Philippines on a Tier 2 visa and also 2 months short from visa expiration to 28 days before 5 years from arrival date. If you don't mind can you please send me an email? my email address is [EMAIL removed]. I really wanted to hear from you how your application went through.

Regards
DO NOT share your personal information like your Email address here. It can be abused by spammers/scammers :!:
Advice given in this post applies to your situation too
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ejigarpatel
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Re: Eligibility for ILR

Post by ejigarpatel » Mon Mar 06, 2023 11:43 am

ginopee89 wrote:
Mon Mar 06, 2023 12:43 am
Hi Jigar,

I've been following this thread and been very helpful. We were on almost the same boat except I came directly from Philippines on a Tier 2 visa and also 2 months short from visa expiration to 28 days before 5 years from arrival date. If you don't mind can you please send me an email? my email address is [EMAIL removed]. I really wanted to hear from you how your application went through.

Regards
Hi, I am yet to apply in April (around the 15th), I will share my experience once applied and hear the outcome.

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Re: Eligibility for ILR

Post by ejigarpatel » Tue Mar 14, 2023 2:56 pm

Hi,

We have filled out our ILR online application form and will submit it soon. We have been given below a list of documents to offer, but I have a few questions, can you please guide me?

If you do not provide these documents, your application may be delayed or refused. (Required)
1. 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 - We only have this for the adult-dependent who studied in India. The main applicant has studied MBA in the UK, do they need one too?
2. The degree certificate for adult-dependent to prove the level of English language required - We have it
3. Letter(s) from employer(s) detailing reasons for work-related absences including periods of paid annual leave from the UK and Crown Dependencies for the main applicant - Do we need to show each date for approval or general mention about leaves should be fine?
4. Declaration signed by the main applicant to confirm consent for the Home Office to request verification checks - We can do that
5. Consent form for the Home Office to request verification checks on the main applicant for joint accounts or third party support - We can do that (I guess we don't need to do it for adult-dependent separately if they are joint account holder?)
6. All previous passports, travel documents or national identity cards that you have used to travel to or remain in the UK - We have it
7. Current Biometric Residence Permit for the main applicant - We have it
8. All previous passports, travel documents or national identity cards that adult-dependent has used to travel to or remain in the UK - We have it
9. All previous passports, travel documents or national identity cards that the child-dependent has used to travel to or remain in the UK - We have it
10. If you have added a spouse or civil partner to this application form who is applying at the same time as you, please provide documentary evidence of cohabitation since you were last granted leave (up to a maximum of two years). Evidence provided should cover the whole period and be in the form of official letters or documents, addressed to yourself and your spouse. - Do we need to show the last 5 years or 2 years should be fine as it says it should cover the whole period? We can provide the rent agreement, council bills and bank statements.
Note 3: Residence permits have been issued to certain foreign nationals since 25 November 2008 when they have been given permission to remain in the UK. Unless reported lost or stolen, they should be enclosed with any application for further permission to remain in the UK.
11. Evidence of the main applicant's immigration status in the UK - What do we need to provide here? Does this different from point 7 - BRP?
12. Your most recent payslip and bank or building society statement. These must be dated no earlier than one calendar month before the date of the application. The statement must show the payment, as shown on the payslip. You should not provide any additional payslips or statements, unless you are currently on maternity, paternity, shared parental or adoption leave. - We have it
If you are currently on maternity, paternity, shared parental or adoption leave, you should provide the last payslip and bank or building society statement you received prior to the start of your leave. The statement must show the payment, as shown on the payslip. You must also provide payslips and bank or building society statements during the period of maternity, paternity, shared parental or adoption leave. The last payslip and statement must be dated no earlier than one calendar month before the date of the application.
13. A document from the sponsor who issued the certificate of sponsorship that led to your last permission to stay as a Tier 2 migrant confirming that you are: - We have it
• still required for the employment in question for the foreseeable future, and in the case of Tier 2 (General), Tier 2 (Sports Person) and Tier 2 (Intra Company Transfer) migrants this document should also contain:
• the nearest applicable SOC code which best describes your employment
• your current rate of pay (this should be given in the same format as given in the codes of practice, for example hourly rate or yearly salary), and
• confirmation that this is at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors. (See note 8 below)
• if you are currently on maternity, paternity, shared parental or adoption leave, confirmation of the date this started, your salary immediately before the leave, and what your salary will be on your return.

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Re: Eligibility for ILR

Post by AmazonianX » Wed Mar 15, 2023 2:19 am

ejigarpatel wrote:
Tue Mar 14, 2023 2:56 pm
Hi,

We have filled out our ILR online application form and will submit it soon. We have been given below a list of documents to offer, but I have a few questions, can you please guide me?

If you do not provide these documents, your application may be delayed or refused. (Required)
1. 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 - We only have this for the adult-dependent who studied in India. The main applicant has studied MBA in the UK, do they need one too? No
2. The degree certificate for adult-dependent to prove the level of English language required - We have it
3. Letter(s) from employer(s) detailing reasons for work-related absences including periods of paid annual leave from the UK and Crown Dependencies for the main applicant - Do we need to show each date for approval or general mention about leaves should be fine?
4. Declaration signed by the main applicant to confirm consent for the Home Office to request verification checks - We can do that
5. Consent form for the Home Office to request verification checks on the main applicant for joint accounts or third party support - We can do that (I guess we don't need to do it for adult-dependent separately if they are joint account holder?) wht not? Fill separately
6. All previous passports, travel documents or national identity cards that you have used to travel to or remain in the UK - We have it
7. Current Biometric Residence Permit for the main applicant - We have it
8. All previous passports, travel documents or national identity cards that adult-dependent has used to travel to or remain in the UK - We have it
9. All previous passports, travel documents or national identity cards that the child-dependent has used to travel to or remain in the UK - We have it
10. If you have added a spouse or civil partner to this application form who is applying at the same time as you, please provide documentary evidence of cohabitation since you were last granted leave (up to a maximum of two years). Evidence provided should cover the whole period and be in the form of official letters or documents, addressed to yourself and your spouse. - Do we need to show the last 5 years or 2 years should be fine as it says it should cover the whole period? We can provide the rent agreement, council bills and bank statements.
Note 3: Residence permits have been issued to certain foreign nationals since 25 November 2008 when they have been given permission to remain in the UK. Unless reported lost or stolen, they should be enclosed with any application for further permission to remain in the UK.
11. Evidence of the main applicant's immigration status in the UK - What do we need to provide here? Does this different from point 7 - BRP? No, Use Same
12. Your most recent payslip and bank or building society statement. These must be dated no earlier than one calendar month before the date of the application. The statement must show the payment, as shown on the payslip. You should not provide any additional payslips or statements, unless you are currently on maternity, paternity, shared parental or adoption leave. - We have it
If you are currently on maternity, paternity, shared parental or adoption leave, you should provide the last payslip and bank or building society statement you received prior to the start of your leave. The statement must show the payment, as shown on the payslip. You must also provide payslips and bank or building society statements during the period of maternity, paternity, shared parental or adoption leave. The last payslip and statement must be dated no earlier than one calendar month before the date of the application.
13. A document from the sponsor who issued the certificate of sponsorship that led to your last permission to stay as a Tier 2 migrant confirming that you are: - We have it
• still required for the employment in question for the foreseeable future, and in the case of Tier 2 (General), Tier 2 (Sports Person) and Tier 2 (Intra Company Transfer) migrants this document should also contain:
• the nearest applicable SOC code which best describes your employment
• your current rate of pay (this should be given in the same format as given in the codes of practice, for example hourly rate or yearly salary), and
• confirmation that this is at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors. (See note 8 below)
• if you are currently on maternity, paternity, shared parental or adoption leave, confirmation of the date this started, your salary immediately before the leave, and what your salary will be on your return.

ejigarpatel
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Re: Eligibility for ILR

Post by ejigarpatel » Thu Mar 16, 2023 10:29 am

Thank you AmazonianX!

One more question. We are submitting the ILR application a few days before our BRP end date and planning to delay biometrics to around 30-40 days to cover a short period to be eligible for ILR.

Will our employer be able to do positive verification with just file submission or it can only be done after biometrics?

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Re: Eligibility for ILR

Post by AmazonianX » Thu Mar 16, 2023 12:17 pm

ejigarpatel wrote:
Thu Mar 16, 2023 10:29 am
Thank you AmazonianX!

One more question. We are submitting the ILR application a few days before our BRP end date and planning to delay biometrics to around 30-40 days to cover a short period to be eligible for ILR.

Will our employer be able to do positive verification with just file submission or it can only be done after biometrics?
Submitting the application means you have an application in process, giving biometric is one of the steps in the process so will say your employer should be able to do verification.

ejigarpatel
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Re: Eligibility for ILR

Post by ejigarpatel » Thu Apr 13, 2023 11:51 am

zimba wrote:
Sat Feb 18, 2023 12:43 am
You will be eligible for ILR 28 days from completing your 5 years. Apply before visa expiry and delay biometrics until you are eligible.
See: indefinite-leave-to-remain/dependent-el ... l#p2072912
I have submitted the ILR application yesterday (BRP expires on 15th April). Now I am not seeing the Biometric date up to my eligible ILR date - 16 May (5 years - 28 days).
- Can I wait for a week and book it later?
- Can I upload documents now or only after booking the Biometric appointment?

Thank you again for your kind support!

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Re: Eligibility for ILR

Post by zimba » Thu Apr 13, 2023 12:36 pm

Yes, you can try later. Upload the documents whenever you can
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: Eligibility for ILR

Post by anuj09 » Tue Apr 25, 2023 10:42 pm

ejigarpatel wrote:
Thu Apr 13, 2023 11:51 am
zimba wrote:
Sat Feb 18, 2023 12:43 am
You will be eligible for ILR 28 days from completing your 5 years. Apply before visa expiry and delay biometrics until you are eligible.
See: indefinite-leave-to-remain/dependent-el ... l#p2072912
I have submitted the ILR application yesterday (BRP expires on 15th April). Now I am not seeing the Biometric date up to my eligible ILR date - 16 May (5 years - 28 days).
- Can I wait for a week and book it later?
- Can I upload documents now or only after booking the Biometric appointment?

Thank you again for your kind support!
Hi Jigar Patel

Will be following this post. Please update once you have taken biometric date.
Does anywhere in the application or after doing payment and taking biometric appointment, do it ask whether you want (1) Application Submission Date or (2) Biometric date - to be used for calculation of you continuous eligibility and for case worker to decide.

Thanks

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Re: Eligibility for ILR

Post by AmazonianX » Wed Apr 26, 2023 2:03 am

anuj09 wrote:
Tue Apr 25, 2023 10:42 pm
ejigarpatel wrote:
Thu Apr 13, 2023 11:51 am
zimba wrote:
Sat Feb 18, 2023 12:43 am
You will be eligible for ILR 28 days from completing your 5 years. Apply before visa expiry and delay biometrics until you are eligible.
See: indefinite-leave-to-remain/dependent-el ... l#p2072912
I have submitted the ILR application yesterday (BRP expires on 15th April). Now I am not seeing the Biometric date up to my eligible ILR date - 16 May (5 years - 28 days).
- Can I wait for a week and book it later?
- Can I upload documents now or only after booking the Biometric appointment?

Thank you again for your kind support!
Hi Jigar Patel

Will be following this post. Please update once you have taken biometric date.
Does anywhere in the application or after doing payment and taking biometric appointment, do it ask whether you want (1) Application Submission Date or (2) Biometric date - to be used for calculation of you continuous eligibility and for case worker to decide. No

Thanks

ejigarpatel
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Re: Eligibility for ILR

Post by ejigarpatel » Wed Apr 26, 2023 12:05 pm


Hi Jigar Patel

Will be following this post. Please update once you have taken biometric date.
Does anywhere in the application or after doing payment and taking biometric appointment, do it ask whether you want (1) Application Submission Date or (2) Biometric date - to be used for calculation of you continuous eligibility and for case worker to decide.

Thanks
Hi Anuj,

I have booked my biometrics for 19th May. It never asked for any such date selection. I guess they will start the process once we complete biometrics.

I have documents also ready but will submit them closer to the time.

Thanks,

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Re: Eligibility for ILR

Post by anuj09 » Thu Apr 27, 2023 11:21 am

ejigarpatel wrote:
Wed Apr 26, 2023 12:05 pm

Hi Jigar Patel

Will be following this post. Please update once you have taken biometric date.
Does anywhere in the application or after doing payment and taking biometric appointment, do it ask whether you want (1) Application Submission Date or (2) Biometric date - to be used for calculation of you continuous eligibility and for case worker to decide.

Thanks
Hi Anuj,

I have booked my biometrics for 19th May. It never asked for any such date selection. I guess they will start the process once we complete biometrics.

I have documents also ready but will submit them closer to the time.

Thanks,
Hi Jigar

Thanks for the update. Have you taken standard appointment (6 months), priority (5 days) or super priority (1 days)

I'm sailing in the same boat where the gap is 19 days as earliest ILR date is 20 July'23. So quite interested in the outcome.

Thanks
Anuj

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Re: Eligibility for ILR

Post by nehasulabh » Thu Apr 27, 2023 11:22 am

ejigarpatel wrote:
Wed Apr 26, 2023 12:05 pm

Hi Jigar Patel

Will be following this post. Please update once you have taken biometric date.
Does anywhere in the application or after doing payment and taking biometric appointment, do it ask whether you want (1) Application Submission Date or (2) Biometric date - to be used for calculation of you continuous eligibility and for case worker to decide.

Thanks
Hi Anuj,

I have booked my biometrics for 19th May. It never asked for any such date selection. I guess they will start the process once we complete biometrics.

I have documents also ready but will submit them closer to the time.

Thanks,
Hi Jigar,

Thanks for this clarification. I just wanted to check if you got a priority or super-priority option when applying for ILR. Don't mind if I ask, if you have applied in the priority category?

Thanks in advance for your help. and wish you all the best for your ILR application.

Best regards,
Sulabh

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