Two application (Extension & ILR)

[November30]

Dear All,

I am in a very difficult situation and have few queries. Your response and advise will be greatly appreciated!!

I on a PBS Dependent (Leave to Remain) Visa.
Entry Clearance Visa - 31/7/2015 - 18/7/2017 (in line with my Wife's Visa - Main Applicant Tier 2 General ( expired on 18/7/2017)
Extension - 03/7/2017 - 29/06/2020
So Visa was valid for 31/07/2015 - 29/6/2020. I am running short by 1month or so for ILR in order to fulfil 5yr lawful residence requirement.
I didn't gave any English test or proved any English Language Requirement.
My Question is:
1) Which visa I should be applying for? Can I still apply for ILR even 1 month or so is less or shall I apply for further Extension.
2) Which English Test or equivalent I need to go for to EL requirement.
3) According to visa which documents I will require to provide to them.

Please send me the links if possible for the forms if possible.
I would really appreciate for your swift response as my visa will expire very soon. Looking forward to hearing from Experts.
Thank you all in advance.

[CR001]

1) Which visa I should be applying for? Can I still apply for ILR even 1 month or so is less or shall I apply for further Extension.

Apply for ILR with your spouse on form SET(O), one form for both of you together. You can only apply for ILR if your spouse who is the main tier 2 general visa holder applies for ILR.

2) Which English Test or equivalent I need to go for to EL requirement.

IELTS B1. You also need Life in the UK test for ILR. Note that the test centres are currently closed.

3) According to visa which documents I will require to provide to them.

The online form tells you what is required for ILR.

Please send me the links if possible for the forms if possible.

Google, SET(O), same form your spouse has to use.

[November30]

Sorry Forgot to mention 2 things.
My wife (since April 2018) and son (Aug 2016) are both British Citizen.
When I spoke to HO few different staff, they recommended that I should go for further extension. caseworker will refuse my application based on 1 month short.
I will also have to pay IHS surcharge.

On what grounds do I apply for ILR? I am just worried what if they reject it.

[CR001]

You can apply for ILR within 28 days of the 5th anniversary of your visa issue date. So you apply online just before your visa expires and book your biometric (when the centres reopen) for when you meet the ILR requirement. You must be eligible on the date that HO processes your application.

[November30]

Thank you for your quick reply. Is there a link which I can refer to please.

You can apply for ILR within 28 days of the 5th anniversary of your visa issue date. So you apply online just before your visa expires and book your biometric (when the centres reopen) for when you meet the ILR requirement. You must be eligible on the date that HO processes your application.

My visa expires on 29/6/2020 - so if I apply on the day but when HO processes my visa will no longer be valid and I am running short by 1 month (ILR due by 31/7/2020 but visa is still 29/6/2020).

[CR001]

You apply for ILR before your visa expires. Even if it expires, you are protected by Section 3C of the immigration rules, which means your existing visa conditions continue until HO has made a decision. There is NO requirement that you must have a valid visa on the day that HO makes a decision.

https://assets.publishing.service.gov.u ... 9.0ext.pdf

See also page 11 in the link below, where this is clearly stated.

https://assets.publishing.service.gov.u ... -v20.0.pdf

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

[November30]

Thank you so much. I am sure there must be people who were in same situation like mine and have got their visas. Unless they see my post and post me their feedback. Would you have any section with such cases where I can read their experiences. If only it is possible please.

With regards to English Language, I have applied through NARIC but they ae asking for the certification stating degree was taught in English. I have Marksheets & Transcripts all in English language. Due to Covid, I am unable to give English test, neither can get in touch with Uni to send me my certification from India and also LIUK centres closed.

Would you advise what shall I do in such situation.

I really appreciate your advice & guidance in this matter. I will read the section you sent.

[CR001]

Thank you so much. I am sure there must be people who were in same situation like mine and have got their visas. Unless they see my post and post me their feedback. Would you have any section with such cases where I can read their experiences. If only it is possible please.

Many have been successful. Too many individual member topics to search for. There is no general discussion topic on this either as each persons route and circumstances are different.

With regards to English Language, I have applied through NARIC but they ae asking for the certification stating degree was taught in English. I have Marksheets & Transcripts all in English language. Due to Covid, I am unable to give English test, neither can get in touch with Uni to send me my certification from India and also LIUK centres closed.

Would you advise what shall I do in such situation.

There is an existing topic on this particular issue. You can still apply if the centres are closed and book both tests as soon as they reopen to do them before you attend your biometric appointment.

indefinite-leave-to-remain/covid-19-lif ... 99450.html

[November30]

Thank you once again. Do you think I should provide a cover letter explaining why I am applying for ILR instead of further extension?
Why would Home office asked me to go for Extension rather than this route? They said there are chances it can get rejected if you are 1 month short for your ILR.

I am really worried anyways..sorry to be a pain.

[CR001]

Thank you once again. Do you think I should provide a cover letter explaining why I am applying for ILR instead of further extension?

No.

Why would Home office asked me to go for Extension rather than this route? They said there are chances it can get rejected if you are 1 month short for your ILR.

The call centre is outsourced to a third party agent and they give generic, often incorrect, advice.

[November30]

Thank you so much. this is really helpful. Hopefully I would have read the pdf you sent me. If there is any confusion. I am sure you are there to advise.

Much appreciated!!

[November30]

I am a new member. How do I search for a situation like mine? I can't see a search bar option on the top of the page.

Thanks

[zimba]

I am a new member. How do I search for a situation like mine? I can't see a search bar option on the top of the page.

Thanks

There is a search bar at top of the ILR forum

[November30]

Thank you and sorry for being silly. When I log in it doesn't come up, Would there be issues with IE or Chrome. What is the best explorer for this website.

Thank you all.

[CR001]

For some reasons, and we don't know why, the search function is not available to new members who are logged in. If you log out, you should be able to search.

Note however that you should not be tagging onto any topics, as clearly stated in the forum rules (point 12 in the link below), when you have your own thread and been advised correctly already.

announcements/read-me-getting-started-t ... 24804.html

Unclear why you believe you have not been given correct advice as evidence by official HO documents or that many have been successful.

[Freetonean]

Normally, they do not refused your application on grounds of just that that, what they will do is to contact you and advice to use the correct application form you required. They are human.

[November30]

Thank you all. I know you all have advised me rightly. It is very confusing for us who do not deal with this or have no knowledge. hence I am getting anxious.

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

My visa expires on 29/6/2020 (1 month and 1 day less on this day for ILR and if I am submitting 28days before qualifying period which is 31/7/2020 - I have no visa up until that time - I should be covered by section 3C) - I am just trying to understand this and do not want them to refuse my application.

Are there any chances they can refuse? If yes, on what basis even though if I am covered by Section 3C. What if they reject what other option do I have?

the date of application - If I calculate from 5 yrs from 31/7/2020 - I do not qualify

the date of decision / any date up to 28 days after the date of application

- I will be qualifying if they take too long or give me decision after 31/7/2020 (I have no visa un until that date.

Sorry Please help me understand in layman language.

If I have to apply for another PBS extension - I will have to waste money on IHS surcharge and its fees.

I am trying every possible way not to get rejected - I have no absence in the 5 yrs except delayed entry. I have never left this country.

My wife and son are both British Citizen and wife settled through Tier 2 General.

Sorry & thank you all for helping me out.

[CR001]

the date of application - If I calculate from 5 yrs from 31/7/2020 - I do not qualify

Correct.

the date of decision / any date up to 28 days after the date of application

- I will be qualifying if they take too long or give me decision after 31/7/2020 (I have no visa un until that date.

The date of decision refers to any time within the 28 days before the eligible date or any date thereafter. It is highly unlikely that if you apply using the standard route option, that you would have a decision within the few days that you are short. You simply delay your biomtetric appointment to within the 28 days period. HO only starts working on your application AFTER biometrics and identity checks are done, not from when you submit online.

If I have to apply for another PBS extension - I will have to waste money on IHS surcharge and its fees.

No you don't, as explained already.

I am trying every possible way not to get rejected - I have no absence in the 5 yrs except delayed entry. I have never left this country.

Delayed entry is irrelevant. Your ILR qualifying period starts counting from the date your visa was issued.

[November30]

Hi CR001,
I am really very sorry.
I am just reading this guidance: Downloads/SWS_Dependant_Guidance_02-2020.pdf

142. You can apply for settlement up to 28 days before you will complete the qualifying period. If you apply earlier than that, your application may be refused. Otherwise your qualifying period will either be the 5 years immediately before the date you apply for settlement or the 5 years immediately before the date your settlement application is decided, depending which is most beneficial for you. If you have spent more than 5 years in the United Kingdom, we will only consider the most recent 5 year period.

143. Please note, the qualifying period for settlement for all dependant partners is 5 years, regardless of whether the relevant Main Applicant on whom they are dependent is eligible for accelerated settlement. Dependant children can qualify for settlement if both parents are settled or are being granted settlement at the same time, or at the same time as the Main Applicant if the Main Applicant has sole responsibility for them.

Can you please explain this to me in plain language.
If I calculate 28 days before the qualifying period (31/07/2020) then the date I should be submitting my application on 4/07/2020 but I have valid visa till 29/06/2020. If I am applying on 29/06/2020 then it is 33 days before my qualifying period. As they have mentioned if its more than 28 days visa will be refused.

Please explain this to me.

Thank you so much.

[zimba]

Thank you so much. this is really helpful. Hopefully I would have read the pdf you sent me. If there is any confusion. I am sure you are there to advise.

Much appreciated!!

The issue must be fixed now and you should now see the search bar at top of the forum

[Anu4real]

CR001
already said, if i read correctly, that your application date is counted from the day you do your biometric, which means you can submit your application online with a few days left and then delay your biometric submission, if i am right you have a 2 month window to submit your documents and do your biometric, that should help cover the 1 month you are talking about

Hi CR001,
I am really very sorry.
I am just reading this guidance: Downloads/SWS_Dependant_Guidance_02-2020.pdf

142. You can apply for settlement up to 28 days before you will complete the qualifying period. If you apply earlier than that, your application may be refused. Otherwise your qualifying period will either be the 5 years immediately before the date you apply for settlement or the 5 years immediately before the date your settlement application is decided, depending which is most beneficial for you. If you have spent more than 5 years in the United Kingdom, we will only consider the most recent 5 year period.

143. Please note, the qualifying period for settlement for all dependant partners is 5 years, regardless of whether the relevant Main Applicant on whom they are dependent is eligible for accelerated settlement. Dependant children can qualify for settlement if both parents are settled or are being granted settlement at the same time, or at the same time as the Main Applicant if the Main Applicant has sole responsibility for them.

Can you please explain this to me in plain language.
If I calculate 28 days before the qualifying period (31/07/2020) then the date I should be submitting my application on 4/07/2020 but I have valid visa till 29/06/2020. If I am applying on 29/06/2020 then it is 33 days before my qualifying period. As they have mentioned if its more than 28 days visa will be refused.

Please explain this to me.

Thank you so much.

[November30]

Hello Experts,

I just spoke to HO asking for clarification regarding point 142:

142. You can apply for settlement up to 28 days before you will complete the qualifying period. If you apply earlier than that, your application may be refused. Otherwise your qualifying period will either be the 5 years immediately before the date you apply for settlement or the 5 years immediately before the date your settlement application is decided, depending which is most beneficial for you. If you have spent more than 5 years in the United Kingdom, we will only consider the most recent 5 year period.

He explained that even if I want to apply 28 days before qualifying period, visa has to be valid. He asked me to apply for extension which will be 2.5yrs.

Really confused!! I really wanted to apply for ILR as CR001 mentioned.

Please advise. Thank you for all your help.

[November30]

The issue must be fixed now and you should now see the search bar at top of the forum


thank you for fixing this, I can search now.

[November30]

Dear All,

I was eligible for ILR but since I was short by few days, I had to apply for extension first and then after few days I varied my application to ILR Set O.

PBS dependent application - 12th June 2020
Set O ILR application - 31st July 2020
Introducing IDV app email - 5th Aug 2020
Invitation to use IDV and submission of docs - 1st Sept. 2020
Delay email due to Covid - 6th Oct 2020
Booked Biometric (in person) appointment - 17th Oct 2020

Can you please advise how much time it should take or has anyone experience of getting sooner outcome.

Thank You

[CR001]

Dear All,

I was eligible for ILR but since I was short by few days, I had to apply for extension first and then after few days I varied my application to ILR Set O.

PBS dependent application - 12th June 2020
Set O ILR application - 31st July 2020
Introducing IDV app email - 5th Aug 2020
Invitation to use IDV and submission of docs - 1st Sept. 2020
Delay email due to Covid - 6th Oct 2020
Booked Biometric (in person) appointment - 17th Oct 2020

Can you please advise how much time it should take or has anyone experience of getting sooner outcome.

Thank You

It takes up to 8 weeks, often longer.

Not sure why you applied for a PBS dep extension when you were advised to apply for ILR and schedule your appointment for when you qualified. We even provided you with the link and evidence from the official UKVI guidance about this.

P.S. i have merged your topics.