ILR application for Spouse and Dependent Child - Tier 2 and Global Talent Route

[mdusman]

I have ILR on 3 years route (Tier 2 + Global Talent Visa). I am trying to fill the ILR form for my spouse and one children. I have few questions:

(i) What is the earliest date one can apply for ILR if the date of arrival to the UK was 20th October 2018?

(ii) which form is used for applying ILR for dependent of a person on ILR gained through (Work Visa + Global Talent Visa)?

(iii) "GESE Grade 5 (B1)" Does this exam satisfies English Language Requirements for ILR?

(iv) One of the requirements states: "6 letters and/or other documents addressed to you and your partner at the same address to show that you have been living together during the past 2.5 years. You must provide 6 letters or other documents addressed to you jointly or in both your names." I am uncertain about the sources of letters. Does this mean the letters must be from six different sources or they can be from any two to three sources, but must be six in number and spanned across 2.5 years duration?

(v) Another requirement: "Personal bank statements corresponding to the same period(s) as the
payslips showing that the salary has been paid into an account in the name
of the person or in the name of the person and their partner jointly - for <my name> for <my official position>". However, my salary account is not joint account and my wife does not work. How to address this point?

[CR001]

Form SET O for your dependents

What was their initial visa issure date?

She needs an approved B1 test from an approved test provider. She also needs liuk test.

Point 4 and 5 sounds like it is from from SET M, which is not the correct form for them.

Set O has no financial requirements.

You need 2 years evidence if cohabitation.

[mdusman]

"Form SET O for your dependents"

Ahh, so I was filling the wrong form, i.e., SET M.

"What was their initial visa issure date?"

The initial visa issuance date for all of us was 15 October 2018. However, the first day in UK was 20 October 2018.

"She needs an approved B1 test from an approved test provider. She also needs liuk test."

She has B1.1 GESE with distinction from Trinity College London.

"Point 4 and 5 sounds like it is from from SET M, which is not the correct form for them."

"Set O has no financial requirements."

Thanks for clarification.

"You need 2 years evidence if cohabitation."

Thanks for clarification.

[mdusman]

I have now filled the SET (O) form. This does not have any financial requirements and more surprisingly there is no requirement for any co-habitation.

These are the required documents:

Mandatory documents:
The passport or travel document for <my son> from <country>
The passport issued by <country> for <my wife>

Other documents:
The language test certificate for <my wife> to prove the level of English language required
Declaration signed by <my wife> to confirm consent for the Home Office to request verification checks
Consent form for the Home Office to request verification checks on <my wife> for joint accounts or third party support
All previous passports, travel documents or national identity cards that <my wife> has used to travel to or remain in the UK
Current Biometric Residence Permit for <my wife>
All previous passports, travel documents or national identity cards that <my son> has used to travel to or remain in the UK
Evidence of <my wife's> immigration status in the UK
-------------------
I must say that I have provided reference number to her previous application number, i.e., through which she obtained last leave to remain as my dependent when I was on Tier 2 Work visa before I got global talent visa and subsequently obtained ILR.

[mdusman]

@CR001
-------------------
PS: I did select "Tier 1 or Global Talent Dependants" option at the beginning of the SET (O) form. I have not selected "skilled worker, Tier 2 or International Sportsperson Dependant" option, despite the fact that my wife and son are still on "PBS Dependant Leave to Remain" as they obtained the last leave to remain when I was on Tier 2 Work visa. I later changed my visa to Global Talent Visa and subsequently obtained ILR.
-----------------
I hope I have followed the right procedure.

[zimba]

Read the guide: indefinite-leave-to-remain/ilr-applicat ... l#p2130417

[mdusman]

@Zimba

Interesting, the guide states applicants will not be asked to provide documentary evidence (as copied below):

"Applicants for settlement will not be asked on the application form to provide
documentary evidence of their relationship subsisting unless their circumstances
have changed since their last application for permission.
You can assess that a relationship is subsisting through a combination of:
• information provided by the applicant on the application form
• direct checks with third parties
You will only need to see documentary evidence where you are not satisfied the
relationship is subsisting, in such cases you should write to the applicant to request
evidence."

Shall we still submit the evidence or there is no need to submit at this stage?

[zimba]

You are advised to do so to avoid delays

[mdusman]

@Zimba I still need clarification on points:

(i) What is the earliest date one can apply for ILR if the date of arrival to the UK was 20th October 2018? Visa issuance date was 15th October 2018.

(ii) I am trying to fill ILR SET (O) form (hopefully a correct form) for my wife and my son. I obtained ILR through three years (Tier 2 + Global Talent Visa) route. What is the relevant option here:

"Tier 1 or Global Talent dependants"
or
"Skilled worker, Tier 2 or International Sportsperson dependant".

It is important to note that my wife and son are still on "PBS Dependant Leave to Remain" as they obtained last leave to remain when I was on Tier 2 Work visa. I later changed my visa to Global Talent Visa and subsequently obtained ILR.

[zimba]

It is 28 days from completing their 5 years, from the first visa issue date.
They will apply as 'Tier 1 or Global Talent dependants'. Their current visa type does NOT matter: indefinite-leave-to-remain/ilr-applicat ... l#p2122445

[mdusman]

Thanks Zimba.

I understand there is no financial requirement but one of the required document is consent from me

"Consent form for the Home Office to request verification checks on <myself> for joint accounts or third party support"

Should I submit a bank statement? If so, then for how many months? Is online bank statement acceptable?

[zimba]

Dependents need to submit cohabitation evidence over the last two years. You simply sign that part

[mdusman]

Okay, thanks Zimba it is clear now. One last question perhaps.

We also have a son who is applying with my wife. Do we also need to submit proof of cohabitation for him or it needs to be only submitted for my wife.

[zimba]

The cohabitation requirement is about you and your spouse's relationship subsisting. So technically it is for spouses only

[mdusman]

Okay, thanks Zimba.

"Evidence of <applicant's name> immigration status in the UK"

What should we submit. Is BRP enough or some other documents must also be submitted?

[AmazonianX]

Okay, thanks Zimba.

"Evidence of <applicant's name> immigration status in the UK"

What should we submit. Is BRP enough or some other documents must also be submitted?

BRP suffices.

[ritzysulo]

@mdusman
I am in similar situation with you. Have you gotten a reply from the home office about the ILR application for your wife?

My husband switched from tier 2 visa to global talent visa in June 2023 and got his ILR this month. I remained his tier 2 dependent till became eligible for ILR based 5 years as his dependent.