ILR skilled worker with family

[CrazySignal]

Hi Everyone,
Just wanted some advice on the following queries before I apply for ILR shortly.
My T1 visa was issued on 20 May 2019.
Entered UK on T1 in 15 June 2019 and I switched from T1 to skilled visa in Aug 2021 and that visa expires in Sept 2024.
In the first year (May/June 2019- June 2020) I had more than 180 days of absences (around 4 weeks beyond, this includes delayed entry after visa was issued.)

My questions are:
1. I know the earliest to apply for ILR is 28 days before the visa issued first (around 22 April 2024). But due to the absence beyond 180 days in that first year, should I delay my application by at least 4 weeks so that working backwards, it will be less that 180 days in that first year? Is that correct? So the earliest could be in the later in May?

2. Given I am on skilled visa route now, how much of evidence do I need to send regarding my T1 time? Should I include anything about the buinsess etc or isthat now irrelvant?

Thanks in advance.

[zimba]

1. Yes
2. No evidence needed

[CrazySignal]

Thank you Zimba.

[CrazySignal]

Hi
Thanks for all the guidance but have few queries regarding ILR application for both myself and family.

Currently on Skilled Work visa.
I am planning to apply shortly and then hopefully to apply for family afterwards.

1. So I should apply using Set (O) and for family it would Set (M) provided I have my ILR in place?
2. I have a son who would turn 18 at the end of this month. Would it be ok to include him under my application (to avoid the hassle of LIUK tests and English requirements)? It would be few day before his 18th birthday.
3. Is it ok to break the applications - my ILR with son and my wife with my other U18s separately?

Thank you so much in advance!!!

[CR001]

1. It is form SET O for all of you.

2. Your son only qualifies for ILR when your spouse does. If you are not all applying together, he can only apply when your spouse does.

3. Yes, but you first in your own and then dependents.

[CrazySignal]

Thank you @CR001

[CrazySignal]

Hi again Champions,
Queries keep popping up.
So this time re my wife. So we arrived to the UK on T1 and I converted it to Skilled Visa mid way.

So my family also converted as a Skilled Visa dependent. Now I will be applying to ILR soon and hoping to apply for the family once I get my ILR.

Question is will my wife need to prove English requirement for the ILR if :
a. Applying for ILR as spouse of a settled person
b. apply for ILR as spouse of skilled worker dependent who got ILR

Just checking if it’s possible to avoid at all as we have a baby and not easy to spend time.
She does have an IELTS but that’s expired and would not been used for initial T1 dependent applications (dependents didn’t need it anyways I think).

Also in case she has to sit with us the easiest to sit.

Thanks so much in advance.

[CR001]

She needs the SELT IELTS B1 English test. There is no way to avoid that.

She also needs the Life in the UK Test

[CrazySignal]

Thank you again CR001.

So I assume any one of the following B1 will do for both for wife and son who would turn 18:

Pearson
Trinity College London
IELTS SELT Consortium
LanguageCert

[CR001]

Yes, if that is off the UKVI approved list.

18 year old also needs LIUK.

[CrazySignal]

Hi all
Just quick query.
I was filling up Set O and was asked list all absences from the day of first entry.
As I mentioned above my worry is the first year where I may have gone beyond the stipulated 180 days (it’s about 185 days) from date of arrival to one year after that. (Pls Note: I had been travelling in and out of the UK about 3/4 times in that first year and it’s not a whole block of 185 days)

1. Will that 185 days be taken as ‘continuous residence is considered to be broken’ and therefore be an issue?
2. So I have delayed the application to the extent that when I count backwards from application date (+ say 15 days), that first year will now have less than 180 days absence owing up the fact that I was inside the UK at times and the initial absence will be out of the boundaries of the first year. Is this ok?
3. Should I mention all this in a cover letter?

Many thanks in advance and apologies if I had repeated anything.

[zimba]

The 5 years will be the date of decision and counting 5 years backwards. Absences outside this will not matter

[CrazySignal]

Thank you Zimba

[CrazySignal]

Hi admins
Once again many thanks for advices. As I collect my documents, I came across another scenario I needed to clarify:
I am hoping to apply for my family after I get my ILR approved.
A. So will that by Set O as well and will include my 18 year old in the same dependent application.

B. I have a 2 year old born here in the UK. So if I get my ILR, can I apply for his citizenship directly based on the following para below (or should I still go ahead to include him under my wife’s ILR application?)

‘Children born in the UK who were not automatically British at birth can be registered as British citizens once one of their parents gains ILR Settled Status (or had gained EEA permanent residence after their birth)’.

[zimba]

- SET(O) for your dependants. Over 18s must apply separately using SET(O) and satisfy the LIUK & English language requirements too
- A child born in the UK does not need ILR and can be registered as British when one parent settles. Use form MN1: https://visas-immigration.service.gov.uk/product/mn1

[CrazySignal]

Many thanks Zimba.
Just a quick thought on applying for my 18 year old separately on Set O forms. He originally was on my wife’s dependent application and therefore wondered if it’s ok to continue the same (to include in my wife’s application itself together with my other children)- also as he still is a dependent?

[zimba]

Many thanks Zimba.
Just a quick thought on applying for my 18 year old separately on Set O forms. He originally was on my wife’s dependent application and therefore wondered if it’s ok to continue the same (to include in my wife’s application itself together with my other children)- also as he still is a dependent?

He is still a dependant but with form SET(O), over 18 dependants will have to apply separately. This does not mean that they stop being regarded as dependants. For such a dependant, it is required that both parents are either already settled or becoming settled

[CrazySignal]

Many thanks Zimba.
When filling up forms for Wife, young kids and a separate Set O for my 18 year old, I still have use my skilled visa details isn’t it despite me having an ILR by such time?
My details to include in the application should be of the Skilled visa details such skilled visa BRP, sponsor lisence numbers etc. and not the ILR brp details?

[AmazonianX]

Many thanks Zimba.
When filling up forms for Wife, young kids and a separate Set O for my 18 year old, I still have use my skilled visa details isn’t it despite me having an ILR by such time?
My details to include in the application should be of the Skilled visa details such skilled visa BRP, sponsor lisence numbers etc. and not the ILR brp details?

Correct, details you last held while on SWV.

[CrazySignal]

Thanks you AmazonianX