ILR requirements - Tier 2 policy guidance

[farrahs]

Hi,

I am preparing for my ILR application (Set O) and have some queries here. Would appreciate everyone's feedback/advice since the application fee c.£2400 is so expensive and I would feel really sad to be rejected.... Thank you all in advance.

Here is my current details:
- I currently hold a Tier 2 General permit for 5 years working as the same role for the same company
- Date tier 2 vignette valid from: 20/01/2016
- Date tier 2 vignette valid to: 19/02/2016
- Date tier 2 vignette entering the UK: 30/01/2016
- Date BRP valid from: 20/01/2016
- Date BRP valid until: 14/02/2021
- Notes, although my tier 2 vignette is valid from 20/1/2016, I did not enter the UK until 30/1/2016
- I started working for my current company from March 2015 under Tier 5 Youth Mobility Scheme before I worked under Tier 2 General. And prior to that entered via visitor visa on arrival once & Tier 4.

Questions based on above:
- When did you first enter the UK: I put 30/01/2016, but I think I can count 20/01/2016 as the qualifying period start date? This date is shown on my BRP as well as Tier 2 vignette but there is no question asking what date is my qualifying period start date based upon?
- What is the very first day I can submit my application? My calculation shows that 23/12/2020 is the earliest (i.e. 20/01/2016 plus 5 years minus 28 days) I understand it is generally advisable to apply 1-2 days after this date, but just want to double check my calculation is correct.
- What date does the employee letter need to be? I guess in general, either within 28 days or one calendar month, but I cannot find out this information on Tier 2 Guidance Part 10 Tier 2 settlement. Any suggestions?
- Also, on Tier 2 Guidance Part 10 Tier 2 settlement, it used to say that the employee letter needs to state that “xxx’s salary is above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors.” but this seems to be removed from the latest version 10_2020_v1.1? Is it still required to state this sentence?
- I travelled outside the UK many times, and every time when I returned to the UK, the UK custom always wrote my BRP number above the UK immigration stamp. However, my most recent travel in Oct 2020, the UK custom did not write my BRP number above the UK immigration stamp. I only found out after I left Heathrow. I will be providing my passport scan of all pages. Would this matter?
- If the earliest time I can apply is around 23/12/2020, do we know if application during Xmas time would normally be delayed due to the festive period?
- I have all the documents (apart from employee letter & payslip & bank statement) ready to upload as soon as I submit my application. When I submit my application, will I be able to book an appointment immediately? Or do I have to wait? How easy it is to book an appointment very close to my application submission date?

I am so looking forward to applying for ILR and having my freedom soon!! So excited and can’t wait to submit my application.

Thanks again in advance.

[CULLINAN]

Hi,

I am preparing for my ILR application (Set O) and have some queries here. Would appreciate everyone's feedback/advice since the application fee c.£2400 is so expensive and I would feel really sad to be rejected.... Thank you all in advance.

Here is my current details:
- I currently hold a Tier 2 General permit for 5 years working as the same role for the same company
- Date tier 2 vignette valid from: 20/01/2016
- Date tier 2 vignette valid to: 19/02/2016
- Date tier 2 vignette entering the UK: 30/01/2016
- Date BRP valid from: 20/01/2016
- Date BRP valid until: 14/02/2021
- Notes, although my tier 2 vignette is valid from 20/1/2016, I did not enter the UK until 30/1/2016
- I started working for my current company from March 2015 under Tier 5 Youth Mobility Scheme before I worked under Tier 2 General. And prior to that entered via visitor visa on arrival once & Tier 4.

Questions based on above:
- When did you first enter the UK: I put 30/01/2016, but I think I can count 20/01/2016 as the qualifying period start date? This date is shown on my BRP as well as Tier 2 vignette but there is no question asking what date is my qualifying period start date based upon?
Your start date will be counted from 30/1/2016 in your scenario
- What is the very first day I can submit my application? My calculation shows that 23/12/2020 is the earliest (i.e. 20/01/2016 plus 5 years minus 28 days) I understand it is generally advisable to apply 1-2 days after this date, but just want to double check my calculation is correct.
completing 5 years minus 28 days count from 30/1/2016
- What date does the employee letter need to be? I guess in general, either within 28 days or one calendar month, but I cannot find out this information on Tier 2 Guidance Part 10 Tier 2 settlement. Any suggestions?
Not older than 28 days
- Also, on Tier 2 Guidance Part 10 Tier 2 settlement, it used to say that the employee letter needs to state that “xxx’s salary is above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors.” but this seems to be removed from the latest version 10_2020_v1.1? Is it still required to state this sentence?
Follow as the latest guidance says
- I travelled outside the UK many times, and every time when I returned to the UK, the UK custom always wrote my BRP number above the UK immigration stamp. However, my most recent travel in Oct 2020, the UK custom did not write my BRP number above the UK immigration stamp. I only found out after I left Heathrow. I will be providing my passport scan of all pages. Would this matter?
No
- If the earliest time I can apply is around 23/12/2020, do we know if application during Xmas time would normally be delayed due to the festive period?
Can not comment
- I have all the documents (apart from employee letter & payslip & bank statement) ready to upload as soon as I submit my application. When I submit my application, will I be able to book an appointment immediately? Or do I have to wait? How easy it is to book an appointment very close to my application submission date?
You can book an appointment after you pay and submit. The normal availability for now is running at a 28 days lag

I am so looking forward to applying for ILR and having my freedom soon!! So excited and can’t wait to submit my application.

Thanks again in advance.

[quoala]

The earliest possible application date is 28 days before the five-year anniversary of the granting of leave to enter/issue date (not the date you actually entered the UK). Which is 23/12/2020.

Hi,

I am preparing for my ILR application (Set O) and have some queries here. Would appreciate everyone's feedback/advice since the application fee c.£2400 is so expensive and I would feel really sad to be rejected.... Thank you all in advance.

Here is my current details:
- I currently hold a Tier 2 General permit for 5 years working as the same role for the same company
- Date tier 2 vignette valid from: 20/01/2016
- Date tier 2 vignette valid to: 19/02/2016
- Date tier 2 vignette entering the UK: 30/01/2016
- Date BRP valid from: 20/01/2016
- Date BRP valid until: 14/02/2021

completing 5 years minus 28 days count from 30/1/2016

[farrahs]

Thank you for your advice. I am surprised that my qualifying start date is 30/1/2016 (entering UK date) rather than 20/1/2016 (leave to enter grant date), because Part 10: Tier 2 Settlement (ILR) Application Point 255 says "Your qualifying period can include time from the date your initial application (for entry clearance or leave to remain) was approved" (page 67).

Link to Policy guidance https://assets.publishing.service.gov.u ... 0_v1.1.pdf

Any thoughts for this?

Thanks again

[farrahs]

Thank you - this is what I thought, based on Part 10: Tier 2 Settlement (ILR) Application Point 255 says "Your qualifying period can include time from the date your initial application (for entry clearance or leave to remain) was approved" (page 67). Link to Policy guidance https://assets.publishing.service.gov.u ... 0_v1.1.pdf

Sorry I am new to this forum and didn't see your comments above the quote. I was really shocked when I saw the first comment and am now a little nervous......

The earliest possible application date is 28 days before the five-year anniversary of the granting of leave to enter/issue date (not the date you actually entered the UK). Which is 23/12/2020.

Hi,

I am preparing for my ILR application (Set O) and have some queries here. Would appreciate everyone's feedback/advice since the application fee c.£2400 is so expensive and I would feel really sad to be rejected.... Thank you all in advance.

Here is my current details:
- I currently hold a Tier 2 General permit for 5 years working as the same role for the same company
- Date tier 2 vignette valid from: 20/01/2016
- Date tier 2 vignette valid to: 19/02/2016
- Date tier 2 vignette entering the UK: 30/01/2016
- Date BRP valid from: 20/01/2016
- Date BRP valid until: 14/02/2021

completing 5 years minus 28 days count from 30/1/2016

[CULLINAN]

My understanding is that you collected your BRP when you entered UK on your Tier 2 vignette. Although it is the visa issue date, but to be on the safe side, I would use the entry date in UK to calculate continuous residency in this case. It is only a difference of 10 days anyways.

[farrahs]

Thanks for your advice. Further question on this if possible - I am a little confused now because I cannot see how is my case different to this? This person didn't mention about if his/her BRP situation so not too sure... indefinite-leave-to-remain/ilr-applicat ... 08608.html

And how does BRP makes any difference? BRP valid from date is also 20/1/2016. I think when I was issues Tier 2 vignette, they only gives you 1 month to enter the UK as UK has started to roll out BRP back in 2015/2016 so visa longer than 6 months are issued in this way.

Thanks again.

My understanding is that you collected your BRP when you entered UK on your Tier 2 vignette. Although it is the visa issue date, but to be on the safe side, I would use the entry date in UK to calculate continuous residency in this case. It is only a difference of 10 days anyways.

[CULLINAN]

You can use 20/1/2016 as a start date also as that is BRP issue date also.

[farrahs]

For the following specific question, I found Point 286 (page 72) of the latest guidance (Tier 2 Policy Guidance Vesion 10/2020) stating that "Please note that no additional evidence is required to show taht you meet the minimum earnings threshold for settlement."

Do you read this as that there is no need to state in employer letter that “xxx’s salary is above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors.”?

- Also, on Tier 2 Guidance Part 10 Tier 2 settlement, it used to say that the employee letter needs to state that “xxx’s salary is above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors.” but this seems to be removed from the latest version 10_2020_v1.1? Is it still required to state this sentence?

Thank you for helping

Hi,

I am preparing for my ILR application (Set O) and have some queries here. Would appreciate everyone's feedback/advice since the application fee c.£2400 is so expensive and I would feel really sad to be rejected.... Thank you all in advance.

Here is my current details:
- I currently hold a Tier 2 General permit for 5 years working as the same role for the same company
- Date tier 2 vignette valid from: 20/01/2016
- Date tier 2 vignette valid to: 19/02/2016
- Date tier 2 vignette entering the UK: 30/01/2016
- Date BRP valid from: 20/01/2016
- Date BRP valid until: 14/02/2021
- Notes, although my tier 2 vignette is valid from 20/1/2016, I did not enter the UK until 30/1/2016
- I started working for my current company from March 2015 under Tier 5 Youth Mobility Scheme before I worked under Tier 2 General. And prior to that entered via visitor visa on arrival once & Tier 4.

Questions based on above:
- When did you first enter the UK: I put 30/01/2016, but I think I can count 20/01/2016 as the qualifying period start date? This date is shown on my BRP as well as Tier 2 vignette but there is no question asking what date is my qualifying period start date based upon?
Your start date will be counted from 30/1/2016 in your scenario
- What is the very first day I can submit my application? My calculation shows that 23/12/2020 is the earliest (i.e. 20/01/2016 plus 5 years minus 28 days) I understand it is generally advisable to apply 1-2 days after this date, but just want to double check my calculation is correct.
completing 5 years minus 28 days count from 30/1/2016
- What date does the employee letter need to be? I guess in general, either within 28 days or one calendar month, but I cannot find out this information on Tier 2 Guidance Part 10 Tier 2 settlement. Any suggestions?
Not older than 28 days
- Also, on Tier 2 Guidance Part 10 Tier 2 settlement, it used to say that the employee letter needs to state that “xxx’s salary is above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors.” but this seems to be removed from the latest version 10_2020_v1.1? Is it still required to state this sentence?
Follow as the latest guidance says
- I travelled outside the UK many times, and every time when I returned to the UK, the UK custom always wrote my BRP number above the UK immigration stamp. However, my most recent travel in Oct 2020, the UK custom did not write my BRP number above the UK immigration stamp. I only found out after I left Heathrow. I will be providing my passport scan of all pages. Would this matter?
No
- If the earliest time I can apply is around 23/12/2020, do we know if application during Xmas time would normally be delayed due to the festive period?
Can not comment
- I have all the documents (apart from employee letter & payslip & bank statement) ready to upload as soon as I submit my application. When I submit my application, will I be able to book an appointment immediately? Or do I have to wait? How easy it is to book an appointment very close to my application submission date?
You can book an appointment after you pay and submit. The normal availability for now is running at a 28 days lag

I am so looking forward to applying for ILR and having my freedom soon!! So excited and can’t wait to submit my application.

Thanks again in advance.

[farrahs]

I am applying for ILR shortly so I keep a close eye on Tier 2 of the Points Based System - Policy Guidance (PDF). I just notice that I can no longer find this PDF (the latest one I have is version 10/2020) as it looks like Skilled Worker visa will replace Tier 2 General and thus I can no longer find the PDF.

Does anyone know where can I check ILR latest requirements as previously outlined in Tier 2 policy guidance (PDF) Part 10: Tier 2 Settlement (indefinite leave to remain) applications?

Thanks

[srsw]

Here you go.. check "Settlement as a skilled worker" section

https://www.gov.uk/guidance/immigration ... led-worker

[farrahs]

Thank you so much

I am applying for ILR shortly so I keep a close eye on Tier 2 of the Points Based System - Policy Guidance (PDF). I just notice that I can no longer find this PDF (the latest one I have is version 10/2020) as it looks like Skilled Worker visa will replace Tier 2 General and thus I can no longer find the PDF.

Does anyone know where can I check ILR latest requirements as previously outlined in Tier 2 policy guidance (PDF) Part 10: Tier 2 Settlement (indefinite leave to remain) applications?

Thanks