ILR Related Questions and Support

[zimba]

This is what the rules require:

printouts of Real Time Full Payment Submissions showing that the applicant complied with Pay As You Earn (PAYE) reporting requirements to HM Revenue & Customs in respect of each relevant settled worker as legally required, and has done so for the full period of employment used to claim points. These must show every payment made to each settled worker as well as any deductions;

https://www.gov.uk/guidance/immigration ... attributes

UKVI accepts raw RTI submissions or FPS reports from payroll software. Both are accepted

[Taleem99]

Hi Zimba,
I applied ILR application and received multiple further evidences requested by home office and one of them is the DBS check for employees. We have 11 employees and 4 are issued with DBS certificate and rest were not applied.

In my understanding was that we need to complete the 2 jobs and DBS check is the employer choice. Is this really necessary to provide the DBS as requested by home office? For those we don't have and if we can request for their DBS check now and shared with home office and they will not ask why we initiated now only on their request and why was not done earlier?

Appreciated for your advise on this query pls. thanks

[zimba]

There’s no legal requirement for anyone to have a DBS check however employers are legally obliged to ensure, by way of a DBS check, that any employee working in a regulated activity with children or vulnerable adults has not been barred from doing so. Does this apply to your business ??

[Taleem99]

We are managing tuition center and dealing with primary and O level children/students. Tutor who issued with DBS were taught and deal with primary children and who don't have were teaching O level student.

Can we arrange their DBS now and share with home office along with other documents and if will not be have any issue due to any employment regulation? , if you kindly share any link if available with you to certify this information pls like there is no legal issue if DBS check not provided thanks.

[zimba]

We are managing tuition center and dealing with primary and O level children/students. Tutor who issued with DBS were taught and deal with primary children and who don't have were teaching O level student.

Can we arrange their DBS now and share with home office along with other documents and if will not be have any issue due to any employment regulation? , if you kindly share any link if available with you to certify this information pls like there is no legal issue if DBS check not provided thanks.

You are asking questions that are outside the scope of the immigration advice. You are required to abide by all the laws in the UK and the UKVI expects to see this. I cannot answer if the UKVI will accept a recent DBS certificate or not. That is all up to them
You need to know your legal obligations in your business so I suggest seeking legal advice on this matter but this has nothing to do with immigration rules. I am afraid I cannot provide legal advice on this matter

[Taleem99]

Thanks Zimba. fortunately, I managed to get employee DBS from previous employer. The one have standard DBS and believe this will work. But we will ask employee for enhanced DBS for our record in future.

[Taleem99]

Hi Zimba,
I got ILR approval and want to convey my thanks for your valuable feedback on my queries.

Now I am preparing for my spouse ILR but she does not completed 180 days absence policy in any year for 5 year period. She used to visit UK and travel back to UAE to continue medical treatment and follow up. Two time undergone for a surgery/procedure and was required to stay for follow as per surveillance program.

Can I request if there is any policy in immigration law to allow and accept ILR application for people ( dependents) required to stay aboard due to health issue/medical treatment and waive the mandatory absence policy.

If case worker don’t accept ILR due to absence then can this application will be turned to another extension application within same fee. The current BRP of my spouse issued with type of permit as PBS dependent under Tier1E route.
Thanks

[zimba]

This is up to UKVI. You may add a cover letter to request this but there are no guarantees. You need to provide extensive documents showing it was impossible for her to maintain her continuous residence. If the ILR fails, UKVI will not offer an extension. It will be refused and you then need to apply for an extension again for her as that is a separate application

[Taleem99]

Thanks Zimba,
In case of ILR fails, do we have a time limit to apply for another extension? Also if there any fast track route for such extension? I think UKVI will charge extension fee and Health surcharge again for extension and ILR fee will not be refunded if it fails?

Can you please advise. Thanks

[zimba]

Thanks Zimba,
In case of ILR fails, do we have a time limit to apply for another extension? Also if there any fast track route for such extension? I think UKVI will charge extension fee and Health surcharge again for extension and ILR fee will not be refunded if it fails?

Can you please advise. Thanks

If she has no valid visa by that point, she gets 14 days from refusal to apply for a new application. No refund is given for a decided application, regardless of the outcome

[Taleem99]

Thanks you Zimba.

[Taleem99]

Dear Zimba
You aware I am trying to explore options in case of Home Office did not accept medical ground and have below option to proceed and looking for your kind comments:

1. Is it possible to shift from PBS dependents to spouse category?
2. If the previous grant leave (PBS dependant- T1E) will be continued and will not loose in case of shift.
3. What is the average time taking for granting spouse visa/ this shift from PBS to spouse?
4. Sponsoring spouse on cash saving bases, can we combine fund /saving to show 62500/- like my fund in UK account and my spouse fund in UAE in her own name/account. Letter will be arranged from UAE bank for easy transfer to UK with six-month statement
thanks

[zimba]

1. Yes
2. The ILR clock will reset to zero. She needs to start her 5 years from scratch
3. The same for any other application, depending on the level of service chosen
4. Thre is a whole guide on this: https://assets.publishing.service.gov.u ... rement.pdf

[Taleem99]

Thanks Zimba, it is really helpful.

[Taleem99]

sorry Zimba the last question on this topic .
Does spouse category also required to be applied with absence policy i.e 180 days mandatory stay in UK in a year or it is free from this condition?

[zimba]

sorry Zimba the last question on this topic .
Does spouse category also required to be applied with absence policy i.e 180 days mandatory stay in UK in a year or it is free from this condition?

The ILR via family route has no absence limits

[Taleem99]

Hi Zimba,
1. How many days we can stay outside UK in a year after ILR granted under Tier1E route for both i.e dependent and main applicant to qualify for nationalization.

2. My spouse has been granted ILR after justifying excess absence reasons through excessive documents like medical report, various tests, hospital admission and discharge summary with surgery detail and Doctors statement on health. Somehow, she needs to continue her follow-up for her illness procedure in UAE.

3. My friend says if someone stays continuous 2 years outside UK then ILR status become invalid. ( Is this means one can stay in breaks and not for continuously 2 years). She has been issued ILR BRP card with one year validity. Can she visit during the year and renew the BRP card and again travel in order to maintain her ILR status till she completed her surveillance program in UAE like for another 3 years with test ( endoscopy and colonoscopy procedure every 3 months with some biological treatment along with this)

Appreciated for your kind comments

[alterhase58]

Hi Zimba,
1. How many days we can stay outside UK in a year after ILR granted under Tier1E route for both i.e dependent and main applicant to qualify for nationalization.

For "naturalisation" it's best you familiarise yourself with the guidance: https://www.gov.uk/government/publicati ... -guidance/

Quoting from Section 5:
"If you are applying under the 5-year route (section 6(1)), you should not have been absent for more than 450 days."
"In addition to the overall number of absences, you should not have been absent for more than 90 days during the final 12 months of the qualifying period. This applies to applications both under the 5- and 3-year routes."

The 3-year route relates to application from spouses of British citizens.

Note that years and months are counted back from the application date (i.e. not calendar years or months) - UK departure and arrival days are not counted. There is some discretion if you have exceeded the limits - the guide explains.

[zimba]

1. Nationality law is totally different from the immigration rules. You have already been given advice on this above
2. For nationality applications, the home office is not required to exercise any concessions. They can refuse a nationality application on any grounds.
3. ILR status is permanent but it is lost if you stay out of the UK for 24 months or more. Her BRP card validity is irrelevant as her ILR status is permanent. BRP is simply used as proof of your status, mostly for travel. BRP expiry has NO bearing on her ILR status and the card expiry is irrelevant. A new digital proof of status system will be introduced possibly from early 2024. After the end of 2024, that system will exclusively be used for showing migrant status instead of a BRP and all BRPs will be phased out. This means you will not need to apply to renew the BRP

[Taleem99]

Thanks Zimba, Alterhase58 for your kind comments. I am not clear with the below and requested your comments.
1. For how long my spouse can keep her ILR status permanent without applying nationality because in the next three year likely she will keep her travelling to complete medical surveillance program but will be keeping in and out travelling to avoid continuous absent for 24 months.

2. At UAE immigration boarder they checked the valid UK visa/ OR BRP in order to allow travel therefore, if BRP expire still she need to renew her BRP after a year to ease travelling. What is the fee for renew BRP and if any document required for renewal and duration time of the renewal.

3. Will my spouse case/ absent would affect mine and children nationality program as we will be remain in the UK and will apply after 12 months for nationality procedure but my spouse will keep her ILR

4. Do we need to maintain 2 employees and business continuity and to show related documents at the time of citizenship request or this is not required and does not have linked with nationality/citizenship.

Thanks

[zimba]

1. ILR is a permanent status. She will keep her status forever unless she stays out of the UK for more than 24 months. She does not need to get citizenship at all.

2. ALL residence permits will become digital from 1 Jan 2025. All BRPs will be phased out. She does NOT need to renew a BRP card and it will not be renewed. Your proof of ILR probably will be a barcode on an app from 2025. You do not need to do anything or take any action. Foreign government officials and airlines will be notified of these changes.

3. Her absence will have no effect on the nationality application for you or the children at all

4. No. You are NO longer a Tier 1E migrant. You have ILR. None of those requirements apply anymore. You are free to do whatever you like with your life or work. You are FREE to live as you wish. The citizenship process is a totally separate process under a totally separate law

[Taleem99]

Thanks Zimba. I highly appreciate your time and comments.