ILR 10 Years Residency (SET LR) - Asking to file as FM and pay IHS

[nirupam]

Hi Team,

I am residing in UK since Jan 2014 and will eligible for long residency ILR this year Dec 2023. My visa renewal is in process for skilled worker visa for next 3 years. My Wife residing UK since May 2014 and she will complete her 10 year by April 2024.

1. I would like to know is it possible to apply for 1 year of skilled worker dependent visa for my wife while I am having visa for 3 years skilled worker visa so that I need to pay only for 1 year of IHS cost considering she will be eligible for ILR within one year.

2. When I file for ILR in the month of Dec 2023, can she eligible to stay on UK skilled dependent visa or do I need to file for ILR together ?


Thanks,
Nirupam

[zimba]

1. No. The extension visa period is fixed, she gets the same expiry as your visa (max of 3 years)
2. If you both are eligible by then, you apply separately under SET(LR). Otherwise she stays under the same visa until she is eligible on her own

[nirupam]

Hi Zimba,

My application for ILR 10 years residence has been successful and thanks to you for clarifying all my doubts.


I am planning to apply for wife ILR 10 year residence.
She has completed 10 years of residence in April 24.

Should I apply for my spouse as My dependent or as individual ? What are the pros and cons for both route.

Which one is the best option to apply for ILR?

English Language Test: Previously my spouse had UK student visa for which she already proved english Language, but now dependent on my skilled visa. Do I need to provide the English language documents again or previously granted visa can cover it.


Also, while application is in process if we need to travel to India due to parents health or unavoidable circumstances, can we able to travel and what will be the impact on application? Is there any scope of application amount refund.

[zimba]

There is no difference. Either route can be used. I suggest the dependant route via SET(O).
What English language evidence she provided before? What test and when was that ?

She cannot travel outside the UK until her application is decided otherwise the application will be considered withdrawn and no refund will be given

[nirupam]

IELTs for English Language Test in 2018 for student visa in year 2018. She completed MS in advanced computer science in year 2021.

For ILR SET O , do we still need to prove 10 year residency and UK absence? Will she ILR dependent?


I heard, after one year completion of ILR of mine, we can together apply for naturalisation and she don't need to wait for her 1 year completion on ILR. It that true?

[zimba]

She can use her degree then. For SET(O) her qualifying period is the last 5 years and you do not need to prove anything.
She can immediately apply to naturalise after ILR, when you get your British citizenship.

[nirupam]

Thanks Zimba for your quick reaponse.

With SET O she will dependent on my British citizenship and she can't file for naturisaltion without me?

Last five year she don't need to prove absence criteria or finances?

[nirupam]

Also, SET O, consider any visa type in last 5 Years. Last 1 year on Skilled Dependent Visa , previous 3 years on Tier 2 General Dependent and before that on Student Visa.

[zimba]

Thanks Zimba for your quick reaponse.

With SET O she will dependent on my British citizenship and she can't file for naturisaltion without me?

Last five year she don't need to prove absence criteria or finances?

You being a British citizen has no relevance to her ILR, her eligibility is based on your previous status as a skilled worker. She can only naturalise after getting ILR and after you become a citizen. She needs 5 years as your dependant under any dependant route and there are no financial requirements at all

[nirupam]

Thanks Zimba.

for my child ( 8 Years old ), born in UK I can directly go for naturalization (as I have ILR) ? and she don't need to go via ILR route.

MN1 form, is that correct?

Thanks,

[meself2]

Thanks Zimba.

for my child ( 8 Years old ), born in UK I can directly go for naturalization (as I have ILR) ? and she don't need to go via ILR route.

MN1 form, is that correct?

Thanks,

Yes to both.

[nirupam]

can I apply for registration for citizenship and British passport same time?
if yes, how can I do it?

[meself2]

can I apply for registration for citizenship and British passport same time?
if yes, how can I do it?

No. First your register your child, then, once/if approved, you get a certificate, only then you can apply for a passport.

[CR001]

Please ask your British citizenship question in the British citizenship sub forum.

viewforum.php?f=42

These questions are not relevant to the ilr topic and sub forum!

[nirupam]

Hi Team,

I have received and letter from home office asking to consider an application as FM and pay an IHS charges.

I believe there is an error on home office side as, Visa was expired on 23/03/2020 but due to Covid it was auto extended till 31-May-2020 and again extended till 31-July-2020 (have an email from Home Office with visa extension). Application for Dependent Visa was submitted on 14/07/2020 and granted visa on 16/11/2020. So Ideally there is no gap in continuous residency.

What should I do next? am I eligible for appeal and how long usually it takes ? or should I pay for IHS and get the FM ILR?


Reason mentioned for refusal for ILR as below.

Your lawful continuous residence started when you arrived in the UK on 02/05/2014 until your leave expired on 23/03/2020, this is a period of 5 years, 10 months and 3 weeks.
Your next period of lawful continuous residence started on 16/11/20 until the present time which is approximately 3 years, 8 months and 2 weeks.

Therefore, it is considered you cannot demonstrate 10 years continuous and lawful residence.



Thanks Nirupam.

[nirupam]

Is it possible to request for reconsideration of decision or any administrative review? What is the process for this and how that can be done?

[zimba]

UKVI is wrong in this case as the CVOID concession extension granted lawful residence and you seem to have had section 3C until a decision was made later about your case.

This is covered in the long residence guide:

No periods of overstaying (disregarded or otherwise) are included in the calculation of the continuous residence for the qualifying period. No periods of exceptional assurance between 1 September 2020 and 28 February 2023 are included in the calculation of the continuous residence for the qualifying period. However, any extensions of leave granted under the Coronavirus extension concession and the following grace period (covering 24 January to 31 August 2020) count toward the qualifying period requirement.

The application is not yet refused, can you respond back to them via email ?

https://www.gov.uk/government/publicati ... accessible

[nirupam]

Thanks for response Zimba.

You are right I misinterpreted the response. They yet to made an decision on application and as advise they are waiting for me to pay for IHS so they can move application as FM.

Now the problem is, the response I got via a home office notification email ID and I don't know if I can reply on the same email providing evidences which I had with me for auto extension will reach them or not, and there is no other contacts and email ID provided so that I can reply back. I don't know how to reach to them.

[zimba]

UK Visas and Immigration contact centre
Telephone: 0300 790 6268 - select option 2
Monday to Thursday (excluding bank holidays), 9am to 4:45pm
Friday (excluding bank holidays), 9am to 4:30pm