Checking ILR eligibility- compelling reason not to re-enter on time

[John3293]

Still I'm not sure if I should go ahead with this application or not. Because the evidences I have are follows-

I agree with zimba. After all, the Home Office had created, and further contributed, to your mess.

Go ahead. Be calm, polite and concise in your covering letter.

Thanks a lot Vinny and Zimba. I am now a bit more confident to apply for ILR. The tops for writing the letter looks very helpful. I will try my best to follow them and document the evidences neatly. I've got permission from my old MP that I can share the email communications with the Home Office. Just checking should I make him sign the part 2 of consent form or is it enough I attach the email he sent, giving the consent ?

I think it's better I exclude my only daughter from the application for now. If I get approved, I'll apply for her separately.

[AmazonianX]

Still I'm not sure if I should go ahead with this application or not. Because the evidences I have are follows-

I agree with zimba. After all, the Home Office had created, and further contributed, to your mess.

Go ahead. Be calm, polite and concise in your covering letter.

Thanks a lot Vinny and Zimba. I am now a bit more confident to apply for ILR. The tops for writing the letter looks very helpful. I will try my best to follow them and document the evidences neatly. I've got permission from my old MP that I can share the email communications with the Home Office. Just checking should I make him sign the part 2 of consent form or is it enough I attach the email he sent, giving the consent ? Your MP has got nothing to do with Part 2 of consent form.

I think it's better I exclude my only daughter from the application for now. If I get approved, I'll apply for her separately. If doing this, indicate your plan to HO in your application lest it be delayed while safeguarding check is carried out.

[John3293]

Still I'm not sure if I should go ahead with this application or not. Because the evidences I have are follows-

I agree with zimba. After all, the Home Office had created, and further contributed, to your mess.

Go ahead. Be calm, polite and concise in your covering letter.

Thanks a lot Vinny and Zimba. I am now a bit more confident to apply for ILR. The tops for writing the letter looks very helpful. I will try my best to follow them and document the evidences neatly. I've got permission from my old MP that I can share the email communications with the Home Office. Just checking should I make him sign the part 2 of consent form or is it enough I attach the email he sent, giving the consent ? Your MP has got nothing to do with Part 2 of consent form.

I think it's better I exclude my only daughter from the application for now. If I get approved, I'll apply for her separately. If doing this, indicate your plan to HO in your application lest it be delayed while safeguarding check is carried out.

Thanks a lot. Just checking is it necessary to include your dependants while making ILR application in my case? My wife is already having ILR.

Also on the consent from my MP to use the email comms we had, can I just attach the email I received from him that he allowed me sharing the email comms we had with Home Office?

[AmazonianX]

It is not compulsory, however in the case of your child, read on the suggestion in previous reply.
If you deem it necessary for GDPR, do so but definitely not Part 2.

[John3293]

It is not compulsory, however in the case of your child, read on the suggestion in previous reply.
If you deem it necessary for GDPR, do so but definitely not Part 2.

Thanks AmazonianX for your advise.

Regarding safeguarding issues when I choose to apply after I am granted ILR for my daughter's ILR, Our dependant child's visa expires only on July 11, 2025. She will certainly have the leave to remain until that day. Will that be okay enough for the Home Office to invoke safeguarding in our case?

[AmazonianX]

It is not compulsory, however in the case of your child, read on the suggestion in previous reply.
If you deem it necessary for GDPR, do so but definitely not Part 2.

Thanks AmazonianX for your advise.

Regarding safeguarding issues when I choose to apply after I am granted ILR for my daughter's ILR, Our dependant child's visa expires only on July 11, 2025. She will certainly have the leave to remain until that day. Will that be okay enough for the Home Office to invoke safeguarding in our case?

The contact from HO is to ask what plans you have for the child if not submitting and application for them. So outlining it from beginning before you are asked eliminates the delay that can be occasioned by correspondence time between you and HO on it.

[John3293]

It is not compulsory, however in the case of your child, read on the suggestion in previous reply.
If you deem it necessary for GDPR, do so but definitely not Part 2.

Thanks AmazonianX for your advise.

Regarding safeguarding issues when I choose to apply after I am granted ILR for my daughter's ILR, Our dependant child's visa expires only on July 11, 2025. She will certainly have the leave to remain until that day. Will that be okay enough for the Home Office to invoke safeguarding in our case?

The contact from HO is to ask what plans you have for the child if not submitting and application for them. So outlining it from beginning before you are asked eliminates the delay that can be occasioned by correspondence time between you and HO on it.

Ah, okay. I will mention that I will apply ILR for my child soon after my ILR application is approved (hopefully). Thanks your valuable heads up.



On a different note, decision letter for my latest visa renewal had the following -


Study conditions
You are allowed to study. Any study is subject to the condition that you must obtain an ATAS certificate, if you are required to do so under Appendix ATAS of the Immigration Rules. For guidance on whether you need to obtain an ATAS certificate for your intended study, check https://www.gov.uk/guidance/academic-te ... val-scheme

I had a chance to write an exam and become the member of The Institute of Chartered Accountants in England and Wales (ICAEW), which is a professional accounting body as a member of The Institute of Chartered Accountants of India. I did make use of this and became a member. It isn't a full time course where I never needed to attend any college.

Just checking if I am okay with it??

[lolo2]

Following the process to be a member of a professional body is not study!

[John3293]

Following the process to be a member of a professional body is not study!

Thank you very much.

[John3293]

Might be a silly question.

While filling the Set (O) form, there's a question 'How long have you lived in the UK? ' under Time in the UK section.

It will be 4 years 11 months since I arrived in the UK. I'm planning of answering 4 years 11 months there.

I've visited my home country twice. One was for 28 days and the other one (pretty messed up) was for 225 days (excluding the date of arrival, 224 days) . Should I exclude any of these from my 4 years 11 months or can I just give 4 years 11 months there?

[CR001]

Should I exclude any of these from my 4 years 11 months

No!!

can I just give 4 years 11 months there?

Yes!!

[John3293]

Thanks everyone for your help. I have applied for ILR using Set (O) form on 1 Jul 2024.

My first entry clearance visa was valid from 18 Aug 2019.

Arrived in the UK on 19 Aug 2019.

Biometrics is on 24 Jul 2024. I'll be completing 5 years on 18 Aug 2024. Just double checking if it is in order (earliest I can apply) ?

I am processing my documents and the cover letter for the application. Thanks Vinny for your helpful link to guidance for a concise legal letter and Zimba for your motivation.

[John3293]

Also bringing into your attention one more thing. I had got a reply finally from Home Office through my MP. I forgot to add this into my post..

Following was the text on the email (masking the sensitive info based on forum rules and not to be a victim of scam) -

Our records show that, on 11 July 2022, Mr A was granted Leave to Remain in the UK until 11 July 2025. We regret that there was subsequently a delay in issuing a Biometric Residence Permit (BRP) to Mr A, but our records show that a BRP (no. RXXXXX) was issued to him on 30 January 2023 (valid until 31 December 2024), and this will have been sent to him by courier. The courier’s record show that the BRP was delivered on 6 February 2023 (you have advised that this was delivered to the address of a friend).

Customers are advised not to make any travel plans until their applications have been concluded and, if successful, they have received their BRP. Those who choose to travel without their BRP might experience problems returning to the UK as, in such cases, they may need to obtain a "replacement BRP” visa in order to return to the UK. Once they have returned to the UK, customers should then apply for a replacement BRP using the appropriate application form, which can be found on our website at:
https://visas-immigration.service.gov.u ... nt-service. A “replacement BRP” visa will be valid for a period of one month to enable customers to travel back to the UK.

Mr A’s BRP (RXXXXXXX) is still showing as “active” but, as you have advised, he had travelled to India before his BRP was delivered and, therefore, he needed to apply for a “replacement BRP” visa in order to return to the UK. On 9 FEB 2023, Mr A applied for a replacement BRP visa, and his application was granted on 15 February 2023. A visa was issued to him to enable him to return to the UK (valid until XXXXX).

Detailed guidance about what customers should do next can be found on our website at: www.gov.uk/biometric-residence-permits/ ... en-damaged. This explains that customers must report the BRP as lost/stolen. They should then apply for a replacement BRP within three months using the appropriate application form, which can be found on our website at: https://visas-immigration.service.gov.u ... nt-service. At the present time, we have no record of any application being made by Mr Austin for a replacement BRP.

If Mr A has already retrieved his BRP from his friend, he may wish to contact our Immigration Contact Centre on 0300 790 6268 (and select option 2) for seek advice whether it is still necessary to report the BRP as lost/stolen and apply for a replacement. The Contact Centre is available from: 9am to 4.45pm (Monday-Thursday) and 9am to 4.30pm (Friday).

Then I rang the contact centre and they said it is still valid and I can use it going forward.

Just checking if I can add this also to the evidences I need to send to Home Office?

[John3293]

Hi, while uploading the current passport, should I scan the whole pages in passport or else scan only the front & back together with the stamped pages only will be sufficient ?

[AmazonianX]

Hi, while uploading the current passport, should I scan the whole pages in passport or else scan only the front & back together with the stamped pages only will be sufficient ?

If it's not too much efforts, scan all pages.

[John3293]

Hi, while uploading the current passport, should I scan the whole pages in passport or else scan only the front & back together with the stamped pages only will be sufficient ?

If it's not too much efforts, scan all pages.

Thank you very much.

Just checking one more thing..

I applied for ILR and paid fees on 1 Jul 2024.

My first visa issued was valid from 18 Aug 2019. And arrived in the UK on 19 Aug 2019.

I've booked in appointment on 24 Jul 2024. Appreciate if you can help me understand if it is okay?

[AmazonianX]

Hi, while uploading the current passport, should I scan the whole pages in passport or else scan only the front & back together with the stamped pages only will be sufficient ?

If it's not too much efforts, scan all pages.

Thank you very much.

Just checking one more thing..

I applied for ILR and paid fees on 1 Jul 2024.

My first visa issued was valid from 18 Aug 2019. And arrived in the UK on 19 Aug 2019.

I've booked in appointment on 24 Jul 2024. Appreciate if you can help me understand if it is okay?

Yes. You are OK, eligibility of 5yrs -28days is on 21st July, 2024. You will be alright.

[John3293]

Hi team, hope you are well.

Prior to first arriving in the UK, I did travel once to another country for a short visit as a tourist. I did gave that on my travel history while extending my visa.

However, on travel history, Set (O) form was asking only about absences from the UK -

For eg -

Which countries did you visit or travel through India
when absent from the UK and Crown
Dependencies?

Is it okay if I don't give it on the ILR form because I feel the question was simply on the absences after arriving the UK ?

Thanks

[John3293]

Hi team, hope you are well.

Prior to first arriving in the UK, I did travel once to another country for a short visit as a tourist. I did gave that on my travel history while extending my visa.

However, on travel history, Set (O) form was asking only about absences from the UK -

For eg -

Which countries did you visit or travel through India
when absent from the UK and Crown
Dependencies?

Is it okay if I don't give it on the ILR form because I feel the question was simply on the absences after arriving the UK ?

Thanks

Sorry, the questions were-

Which countries did you visit or travel through
when absent from the UK and Crown
Dependencies?

When did you return to the UK and Crown
Dependencies?

When did you return to the UK and Crown Dependencies?

What was the reason for this time spent outside
the UK and Crown Dependencies?

[John3293]

Oh no. I made another huge mistake that I gave my own details where they asked

"What is the name of the person with whom you want to remain in the UK?

Should I withdraw my application or mention it in the covering letter?

Unfortunately, today is my Biometrics date.

I've cancelled the Biometric appointment and filled in a form to cancel my ILR application (https://eforms.homeoffice.gov.uk/outrea ... ments.ofml).

Was this the best thing to do?

[vinny]

If you have

Leave to Remain in the UK until 11 July 2025

then there’s probably no harm done by withdrawing. There’s plenty of time to calmly apply again before leave expires.

[John3293]

If you have

Leave to Remain in the UK until 11 July 2025

then there’s probably no harm done by withdrawing. There’s plenty of time to calmly apply again before leave expires.

Thanks Vinny.

I've noticed another mistake on the application. Category I applied ILR was 'Adult Dependant Relative (family route), instead of' Skilled Worker/ Sportsperson Dependant'. The form looks pretty different from the one I used earlier. Earlier form asked about my connections back in India and also asked financial details like net salary, monthly mortgage payments etc.

Glad I figured it an hour before I was to attend my Biometrics.

Just checking if I'll be issued with a full refund? And also the online form I used to withdraw my application is correct?

[John3293]

Also checking one more thing.

Should I say 'Yes' on the question - ?

Does the account with the bank or utility company for which you have supplied information and supporting documentation relate to another person who is to provide you financial support?

I do have a job and my own savings. Most of the bills are paid through our joint current account, but only my salary is deposited here. My wife's salary is paid on her single current account with another bank. Only the end of the month, I transfer some amount from her account to meet the balance bills.

I gave 'Yes' to this question by the way -

Is the account with a bank or utility company for which you have supplied information and supporting documentation held jointly by you and other people?

[AmazonianX]

Also checking one more thing.

Should I say 'Yes' on the question - ?

Does the account with the bank or utility company for which you have supplied information and supporting documentation relate to another person who is to provide you financial support? No, if not using 3rd party support

I do have a job and my own savings. Most of the bills are paid through our joint current account, but only my salary is deposited here. My wife's salary is paid on her single current account with another bank. Only the end of the month, I transfer some amount from her account to meet the balance bills.

I gave 'Yes' to this question by the way -

Is the account with a bank or utility company for which you have supplied information and supporting documentation held jointly by you and other people?

Correct

[John3293]

Hi mods, hope you are well.

Looks like I made a mistake in my new application. By oversight, I said 'No' to the question "Have you previously lived in a country outside the UK including your country of birth?"

Just noticed it while reading throughhttps://www.immigrationboards.com/viewtopic.php ... 4efe5b9b51

What should I do now? I haven't given my Biometrics yet. Is it okay if I mention it on the covering letter or should I again withdraw this application?