ILR Application both Primary and Dependent Visa holders

[mapleuk24]

Greetings All,

First off all thank you and Appreciate all your valuable time for your expert advice on my questions and queries.

Case Details:
As part of our ILR application under Skilled Worker route 5 year completion for Primary and Dependent family Visa holders I seek your advice.

Below are the dates of our Visa Stamping and Arrival in UK together as a family with primary visa holder.

Visa Vignette Date: 30/08/2019
Arrival in UK: 17/09/2019
BRP issue date in Uk: 06/09/2019
BRP expiry date: 14/08/2024

Husband (employed-primary SKW), Wife (employed in the last 2 years- under Dependent visa) , Kid (aged 6 years)

We comply all the eligible requirement no overstay. We hold NARIC english certificate and cleared Life in UK. Primary visa holder has changed two employers with the same shortage occupation code. The recent one in dec 2023, the primary worker looses SKW job for 3 months he has no salary or payslips (no letter issued by HMRC). He got a new job with new sponsorship under same job code. By August he will have 3 payslips.

Questions:

1. What is the earliest date we can file for the ILR ? (can we use visa vignette date as start date)
2. Can both the primary and dependent family members file the ILR at once same time.
3. Is the start date from visa vignette counted for 5 years both for primary SKW and the dependents ?
4. Should the date be counted from the date of arrival in UK ?
5. What form and documents should be used for dependent wife who is employed (she has payslips, name in council tax all 5 years)?
6. What form and documents should be used for child aged 6 years (no documents other than some NHS letters) ?
7. Primary visa holder documents (absence letter, employer letter, last 3 payslips, 4 P60's and 1 P45, Council tax for all 5 years address) Is this sufficient ?

Thank you and appreciate your response.

[zimba]

1. Within 28 days of completing your 5 years, counting from the very first visa issue date
2. Yes all apply in the same application, use form SET(O): https://visas-immigration.service.gov.uk/product/set-o
3. Yes
4. No, date of entry is irrelevant
5. The employment status of the dependant is irrelevant. Your spouse just needs to have LIUK and proof of English plus cohabitation evidence: All you need to know about cohabitation evidence
6. The non-UK-born child will be simply added to the same application.
7. The main applicant needs to submit the last payslip and bank statement. P45, P60, council tax. etc is not needed. The proof of English language is not needed. Just a current employer letter: All you need to know about the sponsor letter for Skilled Worker route

[mapleuk24]

@Zimba - Thank for your response.

For point 5: May i know if the NARIC English Certificate (i.e ECCITS on behalf of home office) equal to english CEFR level 1 accepted for dependent.

This certificate was issued in the last 3 monthly solely for the purpose of visas and nationality requirement. So she is not taking any other tests.

[zimba]

Yes assuming that the min English level must be equal to or above English level B1 of CEFR (Intermediate) which is required for ILR

[mapleuk24]

Thankyou Zimba.

Yes English certificate is level C1.

For Cohabitation document: I have the Civil Marriage certificate which was used during initial visa application back in 2019. The same document will be produced.

Appreciate your response as always.

[zimba]

Thankyou Zimba.

Yes English certificate is level C1.

For Cohabitation document: I have the Civil Marriage certificate which was used during initial visa application back in 2019. The same document will be produced.

Appreciate your response as always.

A marriage certificate is not needed. Cohabitation evidence are documents showing you two sharing an address

[mapleuk24]

Thankyou for correcting my understanding.

In that case we have council tax and Utility bills both in our name. Also electoral & NHS registration at the same address. can you advise if any of these works ?

[zimba]

Thankyou for correcting my understanding.

In that case we have council tax and Utility bills both in our name. Also electoral & NHS registration at the same address. can you advise if any of these works ?

Please read the link the I posted above. ANY evidence can be used

[mapleuk24]

Thankyou. Hope all is well.

I have few questions related to the following.

I switched 3 employments between tier 2 general and skilled worker visa. I collected absence letters every time when i resigned. I have the following absence letters from 2021 and 2023 and require your response.

1. Are these absence letters from 2021 and 2023 still valid for ILR application or should have these letters dated within 28 days ?

2. I do not have any absence as i have not taken any leave with my current employer since i started in March2 2024. Am I supposed to give any absence letter here telling there is no absence during this employment ?

3. My ILR application is due by latest 3rd August, can i get the employer letter now or should i wait, is this supposed to be letter dated within 28 days of appointment ?

4. With visa vignette start date as 30th August 2019 and UK arrival date on 17th Sept 2019, We are submitting application on 5th August and biometric by 10th August (which does NOT fall within 28 days of entry into UK instead its within 28 days of visa vignette date). Is this appropriate to submit my application as stated?

Appreciate your response as i am holding myself from getting employer letter.

[zimba]

1. Within 28 days of completing your 5 years, counting from the very first visa issue date
2. Yes all apply in the same application, use form SET(O): https://visas-immigration.service.gov.uk/product/set-o
3. Yes
4. No, date of entry is irrelevant
5. The employment status of the dependant is irrelevant. Your spouse just needs to have LIUK and proof of English plus cohabitation evidence: All you need to know about cohabitation evidence
6. The non-UK-born child will be simply added to the same application.
7. The main applicant needs to submit the last payslip and bank statement. P45, P60, council tax. etc is not needed. The proof of English language is not needed. Just a current employer letter: All you need to know about the sponsor letter for Skilled Worker route

Did you read any advice provided above ???

I already provided a detailed explanation of the employer letter before but it seems you did not bother to read it at all.
see: All you need to know about the sponsor letter for Skilled Worker route

The date of entry is irrelevant. You need to ensure the date of decision is within 28 days of completing your 5 years.
See: Applicants can benefit from the date of the ILR decision

[mapleuk24]

Hi Zimba,

I read all your response multiple times but thought to confirm again especially the employer letters when one doesn't have absence at the current employment.

Should I submit absence letter as "no leaves taken" in my current employment sorry but confused especially with this specific case.

When submitting Set O application, The online page is asking me to submit absence letters so I thought to check with you.

But sorry for the repeated question.

Thanks.

[zimba]

Hi Zimba,

I read all your response multiple times but thought to confirm again especially the employer letters when one doesn't have absence at the current employment.

Should I submit absence letter as "no leaves taken" in my current employment sorry but confused especially with this specific case.

When submitting Set O application, The online page is asking me to submit absence letters so I thought to check with you.

But sorry for the repeated question.

Thanks.

A letter can say all absences (if any) from work are authorized as explained. No details need to be added.

[mapleuk24]

Thankyou Zimba, Appreciate all your valuable response and advise.

[mapleuk24]

Hi Zimba,

Appreciate your response as this seem to be a tricky question.

My wife and child's Tier 2 PBS visas are expiring on 14th August 2024 and my wife's employer is asking to submit document to prove rights to work status.

The visa vignette start date being 30th August 2019. I am thinking is it possible to submit online application before 3rd August but book the biometric date a week before her visa expiry i.e. around 5th August 2024 to secure the earliest biometric slot so we get a decision earliest based on priority application. This means biometric date will be within 28 days - (5 year period based on Visa vignette date) however online application submitting date is slightly earlier than 28 days.

Should i wait to submit application online within 28 days only or can i submit earlier than 28 days but keep biometric date within 28 days ?

Appreciate your response as i am trying to find option to have our biometrics done before her visa expiry date to avoid any issues with her employment status.

Thanks
Maplex

[zimba]

Biometrics date is not relevant at all. I already covered this above.

See Applicants can benefit from the date of the ILR decision

[mapleuk24]

Apologies Zimba, I am still not clear based on the reference link given. Appreciate if your answer to include the dates or yes no response please.

The visa vignette start date being 30th August 2019. I am thinking is it possible to submit online application before 3rd August but book the biometric date a week before her visa expiry i.e. around 5th August 2024 to secure the earliest biometric slot so we get a decision earliest based on priority application. This means biometric date will be within 28 days - (5 year period based on Visa vignette date) however online application submitting date is slightly earlier than 28 days.

Should I wait to submit application online within 28 days only ? YES / NO

Can I submit earlier than 28 days (5 year period based on Visa vignette date) years but keep biometric date within 28 days ? YES /NO

Appreciate your response as i am trying to find option to have our biometrics done before her visa expiry date to avoid any issues with her employment status.

[zimba]

Yes, you can as the date of biometrics is irrelevant. The date of the decision is all that matters. What is not clear ??

[mapleuk24]

If my submission of online application is before the 28 days (i.e. 5 year period based on Visa vignette date-28 days ) , I was wondering if its considered as early submission..

So I was confused if I had to wait all the way till 3rd August just to submit online application or can submit application now and book biometric date within 28 days.

Although its a matter of few days this is just to ensure my wife ILR decision is quicker so she can submit the status to her employer.

Many thanks Zimba

[mapleuk24]

Hi There,

I came across the below line while filing ILR application and I said yes to it and gave all the 2 Tier 2/ skilled worker Visa Renewal reference no's.

Do you have any Home Office reference numbers?

Can i say this NO to this ?

i noticed the reference no is a 16 digit numbers only.

Please guide what should I be doing this case.

[zimba]

You do not need to provide any reference

[mapleuk24]

Thank you and appreciate all your response Zimba. I am waiting for July payslip and bank statement so I can submit the application from now.

[mapleuk24]

Hi Zimba,

14. 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.

I was thinking to provide last 3 months payslips and 3 months bank statement. The above line is confusing me, should i provide only 1 latest payslip and 1 latest bank statement. Is it just enough ?

Thanks.

[AmazonianX]

Hi Zimba,

14. 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.

I was thinking to provide last 3 months payslips and 3 months bank statement. The above line is confusing me, should i provide only 1 latest payslip and 1 latest bank statement. Is it just enough ?

Thanks.

Exactly what was requested and that is enough.

[mapleuk24]

Thankyou appreciate your response.

[mapleuk24]

Hi all,

Requesting your most important response here.

When did you first enter the UK?(Required)
This is the date you entered the UK when the period of stay you are basing this application on started.

I have had multiple opinions here to put the Visa vginete start date on which the application should start Vs First entry date in uk.

Our first actual UK entry date is 17th sept 2019 now on the basis the of visa vignete date 30th august 2024. I am submitting my ILR application tomorrow.

Should i change the When did you first enter the UK?(Required) to Visa vignete date or date of entry.

Thanks.