Can children get ILR if only one parent has ILR

[drleepr]

Hi All,

Hope all of you reading this post are well.

I started Tier-4 student Visa and entered the UK 04/09/2018. Then switched* to Tier-2 on 15/10/2019 and then changed my employer so new route of Skilled worker Visa has been issued accordingly which I've hold.

The qualifying period starts from the date of issue of first BRP from the Tier-2 Visa on 15/10/2019 so this enables me to meet 5 years route by the date of16/09/2024 - 28 days before of meeting the qualifying period of 5 years.
* To give a clarity, I've not re-entered the UK but stayed continuously for this transition period.

I've started reviewing the application form - Set (O) and couple of questions as follows for yours' review:

Q1. Absences from the UK and Crown Dependencies and its document requirement
- I've reviewed hundreds of discussions but it's still a bit unclear for me. Do I still say 'yes' for the question of 'Since you first entered the UK, have you had any absences from the UK?' and provide all the details of my short trips and submit the letter from my employer as an evidence for the detailing reasons for work-related absences including periods of paid annual leave ? Well, those were never work-related absences but just part of annual leaves/holiday plans but there's new required Document popped up as soon as I've answered this question as 'Yes'!
- This guidance seems like I need to provide a letter from my employer (https://assets.publishing.service.gov.u ... 2.0ext.pdf), especially for the following sentence:

Absences linked to reason for being in the UK: evidential requirements

For all other categories, absences must be consistent with, or connected to, the applicant’s sponsored or permitted employment or the permitted economic activity being carried out in the UK - for example, business trips or short secondments.
This also includes any paid annual leave which must be assessed on a case by case basis and should be in line with UK annual leave entitlement for settled workers. For example, the statutory leave entitlement is 5.6 weeks’ paid holiday each year, which for workers who work a 5 day week is 28 days’ paid leave. However, many employers provide 25 or 30 days’ paid leave a year, plus bank holidays.

Short visits outside the UK on weekends or other non-working days are consistent
with the basis of stay and do not break the continuity of leave. You must count such absences towards the 180 day limit.
Evidence in the form of a letter from the employer which sets out the reasons for the absences, including annual leave, must be provided.

Q2. Application for all the dependants (my wife and children)
- Unlike my case that my Tier-2 Visa has been issued on 15/10/2019, theirs have been issued later on 04/12/2019. In this case, their qualifying period would be 05/11/2024 - 28 days before the 5 years qualifying period. Does it correct?
So my plan is to apply their application after my one's approved.
- But the following is a bit confusing for me. It looks like they have been my dependants since Tier-4 Visa, I could apply them into my application as they have lived in the UK as my dependants over 5 years (though the transition time lag between Tier-4 and Tier-2 as explained above).


Hope you understand my situation and a bit concern of reviewing the form.

Kind regards,

[drleepr]

Q3. Regarding the eVISA, would it be necessary I should complete this before applying ILR? I'm not sure as the message popped up and saying that 'We are replacing biometric residence permits (BRPs) with an online immigration status (eVisa). Find out more about eVisas and how this change affects you.

You do not need to apply for a replacement BRP if your BRP expires on 31 December 2024. You will need to register for UKVI account (an eVisa).'

It does say I should apply but it does not say when I need to register UKVI account (an eVISA).

[zimba]

1. The guide you quoted does NOT cover the skilled worker route at all. This is quite clear on page 3 of that guide.
Refrain from randomly looking at any document you find online while not paying enough attention to the details.
I explained how things work for your route here: All you need to know about the sponsor letter for Skilled Worker route

Your employer does NOT need to verify the things you did while away from the UK. You could have been working from abroad or you were on a holiday. The rules do NOT concern themselves with such details. This is a very common misconception. That is not required under the rules at all. The rules simply want your employer to confirm that your absences from WORK authorised

2. The rules make it clear that the exact visa route of the dependents does not matter. As long as they held valid visas for 5 years as the main applicant's dependant/partner, they can get ILR under the skilled worker route rules. So they can settle with you

3. No. eVisas is simply a digital status intended to replace all the BRPs by the end of the year, however the current BRPs remain valid until expiry. So you do NOT need to worry about eVisas when applying

[drleepr]

Thank you very much, Zimba.
Few more question regarding my dependants (my wife and my kids):

1. I know now that my dependants could apply with me at the same time as they have been with me under the different but valid VISA as dependants. However, I would like to apply my one first with priority service and apply theirs after my decision has been made (or as soon as after I apply) with standard service. Would it be all right?

2. My wife needs to prove her knowledge for English - however her IELTS test result has been run out over 2 years. What I understand is it would be possible to use if she has a B1, B2, C1 or C2 level qualification and she is applying to settle in the UK (as my dependant of Set (O) application. Would you please check this?

3. What is the financial requirements (income) for my wife? I cannot find the guidance document, would you please get me the link for me to have a look?


Thanks in advance.

[CR001]

1. Fine yes.

2. She needs a new B1 test. You can only use an expired test if it was used for a previous application that was successful. Her current visa route as a dependent has no English requiremrnt for initial visa and extension.

3. There is NO financial requirement.

[drleepr]

Thanks, CR001.

Regarding question 2,would you please double check as here https://www.gov.uk/english-language/app ... ifications it shows as like follow:

If your qualification has run out
Some recognised test qualifications only last for 2 years.

If you have a B1, B2, C1 or C2 level qualification, you may be able to use it after it has run out if either:
you’re applying for citizenship
you’re applying to settle in the UK

[drleepr]

Apologies, I've just found there is a separate section where this exemption would be applied:

Applying to settle in the UK
You can use a B1, B2, C1 or C2 level qualification that’s run out if both of the following are true:

it’s on the current list of recognised tests
it was accepted for another UK immigration application, for example when you got permission to enter


Mini-question, would it be possible for her to prove her English skill as she's been working in the UK since Sep. 2024 as a permanent employee?

[CR001]

Thanks, CR001.

Regarding question 2,would you please double check as here https://www.gov.uk/english-language/app ... ifications it shows as like follow:

If your qualification has run out
Some recognised test qualifications only last for 2 years.

If you have a B1, B2, C1 or C2 level qualification, you may be able to use it after it has run out if either:
you’re applying for citizenship
you’re applying to settle in the UK

You cannot just isolate one part if the requirement. It clearly states

Applying to settle in the UK
You can use a B1, B2, C1 or C2 level qualification that’s run out if both of the following are true:

it’s on the current list of recognised tests
it was accepted for another UK immigration application, for example when you got permission to enter

[CR001]

Apologies, I've just found there is a separate section where this exemption would be applied:

Applying to settle in the UK
You can use a B1, B2, C1 or C2 level qualification that’s run out if both of the following are true:

it’s on the current list of recognised tests
it was accepted for another UK immigration application, for example when you got permission to enter


Mini-question, would it be possible for her to prove her English skill as she's been working in the UK since Sep. 2024 as a permanent employee?

She wasn't required to prove English for her skilled worker dependent visa so no, this doesn't apply to her.

No, she cannot claim she meets the English requirements because she works in the uk!!

She needs a new test!

[drleepr]

Thank you very much.

Yes, she needs a new test

[drleepr]

Hi CR001,

Would you please let me know which level of CEFR is required for my wife?
The guide does not clearly state about the level.

You can prove it by having either:
an English qualification at B1, B2, C1 or C2 level
a degree taught or researched in English

So, the minimum requirement would be B1 CEFR level? So, my wife can choose from either of following:
IELTS Life Skills – B1 Speaking & Listening
IELTS for UKVI - B1

Thanks in advance!

[drleepr]

1. The guide you quoted does NOT cover the skilled worker route at all. This is quite clear on page 3 of that guide.
Refrain from randomly looking at any document you find online while not paying enough attention to the details.
I explained how things work for your route here: All you need to know about the sponsor letter for Skilled Worker route

Your employer does NOT need to verify the things you did while away from the UK. You could have been working from abroad or you were on a holiday. The rules do NOT concern themselves with such details. This is a very common misconception. That is not required under the rules at all. The rules simply want your employer to confirm that your absences from WORK authorised

Hi Zimba, hope you are well.

Regarding the absence, I've looked at the guidance and there is the rule regarding the discrepancy of entry date. I've got a little concern for the one of my entry date made in 2022 as the flight was landed in the UK around 2330 pm, however I literally cannot remember when I got passed the UK border - passport control - in the same day, or the following day as it's got through ePassport gate. I could not find any evidence in anywhere, unfortunately.

In this case, what date could be entered in the section that the date you returned to the UK? Considering this one day does not really have any impact on my continuous residence, would it be okay to state the date that the best knowledge I know based on the flight landing time ?

Please advise.

[zimba]

The date you entered the UK is not important at all and has no effect on your ILR. It is irrelevant. You really need to stop overthinking this

[drleepr]

Thanks Zimba, I am now a calm-down mode.


Would you please also check the following question?


Would you please let me know which level of CEFR is required for my wife?
The guide does not clearly state about the level.

You can prove it by having either:
an English qualification at B1, B2, C1 or C2 level
a degree taught or researched in English

So, the minimum requirement would be B1 CEFR level? So, my wife can choose from either of following:
IELTS Life Skills – B1 Speaking & Listening
IELTS for UKVI - B1

Thanks in advance!

[zimba]

Yes the minimum for ILR is B1

https://www.trinitycollege.com/qualific ... SE-grade-5

[drleepr]

Good morning Zimba,

I have submitted my application with priority service and the biometric submission a week later.
Now I would like to upload my documents and a bit confusion here:

One of my documents, the letter from my sponsor has been issued on 27/08/2024, which this document should be dated up to 28 days before the submission date.

In my case, what is the submission date? Is it the date of my application has been made or the date for a biometric submission?


If it is referring a latter, my letter received from the sponsor is slightly outdated (2 days) from my biometric submission (which is 25/09/2024).

Would you please be able to advise me about this?

[zxyzhgp]

use the date of Online submission, biometric one is irrelevant

[drleepr]

Hi All,

I've made an application and waiting for the biometric submission.

I've got one question regarding my dependants (wife and children).

They are currently under the dependant visas of my skilled worker visa which their expiry date is 21/11/24.
I've heard news that they cannot apply for indefinite leave to remain before 28 days of their visa expiry dates , which is 23/10/24. So I should make applications for them before this date?

They have been with me from the dependent visas:
1) firstly from 04/09/2018 under my Tier-4 student visa, and then
2) secondly from the date of 04/12/2019 where they've got approved as dependants under my skilled worker visa.

As my wife would take an IELTS exam next few weeks and the result will come after 23/10/24, I'm a bit worried about the news above.

Kind regards,

[zimba]

What news ????
Their visa expiry is irrelevant. They can apply for ILR anytime as they have been your dependants since 2018, they are already eligible.

[drleepr]

Hi Zimba,

This news: they cannot apply for indefinite leave to remain before 28 days of their visa expiry dates

As their current Visas will be expired on 21/11/24, I'm worried if I apply after 23/10/24 then they are not eligible to apply if that news(or rumour) is correct.(i.e. if they apply 30/10/24 before 21 days of the expiry dates).

Am I over-thinking too much on every single thing?

Apologies in advance.

[CR001]

The 28 days rule is the EARLIEST they can apply. The LATEST they can apply is the date their visa expire.

This is also not a NEW rule!!

You overthinking and misinterpreting.

[drleepr]

Thanks Moderators,
I think I'm too much over-thinking.

I'll give you all an update once we've got all the results

[zimba]

Hi Zimba,

This news: they cannot apply for indefinite leave to remain before 28 days of their visa expiry dates

As their current Visas will be expired on 21/11/24, I'm worried if I apply after 23/10/24 then they are not eligible to apply if that news(or rumour) is correct.(i.e. if they apply 30/10/24 before 21 days of the expiry dates).

Am I over-thinking too much on every single thing?

Apologies in advance.

Huh ?? That you invented your own imaginary rules ???
Read: Applicants can benefit from the date of the ILR decision

[drleepr]

Thanks Zimba,

My application has been successful! Thanks for all the support.

Now I'll apply for my dependants as soon as my wife get the English certificate.

Kind regards,

[drleepr]

Hi Zimba,

Hi Zimba,

This news: they cannot apply for indefinite leave to remain before 28 days of their visa expiry dates

As their current Visas will be expired on 21/11/24, I'm worried if I apply after 23/10/24 then they are not eligible to apply if that news(or rumour) is correct.(i.e. if they apply 30/10/24 before 21 days of the expiry dates).

Am I over-thinking too much on every single thing?

Apologies in advance.

Huh ?? That you invented your own imaginary rules ???
Read: Applicants can benefit from the date of the ILR decision

My wife just found this advice from the Citizens Advice which her immigration status will stay as same if she makes the application 28 days before her Visa expires.

Would you please double check this? My wife’s employer asked this as her current Visa under my skilled worker Visa will be expired 28/Nov/2024.

Thanks.


https://www.citizensadvice.org.uk/immig ... sa-delays/

“Your immigration status Your immigration status will stay the same while you wait for your new visa if you make the application in the 28 days before your visa ends.

If you already have the right to work, access education and receive benefits, you'll still have these rights while you wait for a new visa. You won’t keep these rights if you applied after your original visa ends - find out more about overstaying your visa.”