URGENT - ILR Eligibility - Much appreciated for replies....

Hello Members,

I would appreciate if anyone could look into the below details of mine and advise if I would be eligible for ILR?

Tier-1 General visa issued on: 20 Jan 2011
Entered UK on: 16 Apr 2011
Tier-1 Extended on: 28 Dec 2012
Extension valid till: 19 Jan 2016

Note that i have entered UK after 86 date from the date the Tier-1 visa was issued. Also I have not spent more then 180 days in any single year. UKBA document says if the entry was delayed and if it is less than 90 days it will be counted as absence and will be counted towards continuous stay. Considering these - am I eligible for ILR? If yes what is the latest date on which I can apply for ILR? The continous calculation document in UKBA says that continuous period is calculated from the date of application of ILR - so if I apply on 10 Jan 2016 the continuous period will be calculated backwards which is 10 Jan 2011 which is outside the date of issue of visa. Even if I apply on 18 Jan 2016, the continous period will be calculated from 18 Jan 2011 and hence I am confused if I should apply for a second Tier-1 extension or will I be eligible for ILR?

Appreciate if anyone could provide some feedback on this.

best regards,
Rama

Hi

Your ILR eligibility starts from 22nd Dec 2015.Apply after this date

Tuesday, 19 January 2016
Subtracted 28 days
Result: Tuesday, 22 December 2015

If you apply after 10 Jan 2016 you should not have 180 days absence upto 09 Jan 2011.

Don't bother if it falls back from your initial visa date.The rule is from 09 Jan 2011 you should not have 180 Days absence .

Refer to below extract from current guidance
==========================================================================
No more than 180 whole days absence are allowed in any of the five, four, three or two
consecutive 12 month periods, depending on the category, preceding the date of the
application for indefinite leave to remain (ILR).
The specified continuous period is counted backwards from the date of the ILR application.
For example, if the date of application is 11 November 2012, the consecutive periods would
be as follows:
Year 1 11 November 2012 to 12 November 2011
Year 2 11 November 2011 to 12 November 2010
Year 3 11 November 2010 to 12 November 2009
Year 4 11 November 2009 to 12 November 2008
Year 5 11 November 2008 to 12 November 2007
==============================================================================

I will give you my example

Visa Issue Date 09 Dec 2009
UK Entry Date :- 23 Feb 2010
Visa Expiry :- 02 Feb 2015
ILR Application Date :-12 Nov 2014
Continious Period start date 11 Nov 2009

My absence from UK starts from 11 Nov 2009 to 23 Feb 2010 which is less than 180 days

So you are fine if you have not taken more than 180 days off according to guidance


Hope it helps BUT go through guidance for your satisfaction

Ta
Honey

Hello Honey,

Many thanks for your reply and it was really really helpful. And your situation you mentioned was exactly same I had and it was a great help. Just wanted to know if you have got your ILR after your application in Nov 2014?

Thanks again!

Rgds,
Rama

Yes,I got my ILR in 2nd week of this FEB 2015..

Ta

Hi Honey

Congrats on your ILR. Did you apply by post?
Also, please can you provide the list of documents you submitted for your ILR.

Regards
Krishna

Here is my list of docs

BRP Cards for all three applicants.
Two Photographs each for all three applicants.
Original valid Passport and previous passports, as applicable,for all applicants.
Application fee cheque for all the three applicants


Main Applicant

Qualifications
(a) Original UK Naric letter.
(b) Original Master’s Degree

Earnings through Employment
1. Signed/Stamped Salary Slips.
2. Signed/Stamped Account Statement for net salary credit.

Dividend earnings as a Director of limited company.
1. Certified Accountant letter for earnings
2. Original Personal Bank Statement showing net dividend credit
3. Signed/Stamped Dividend vouchers.
4. HMRC Corporation Tax Return & Certified Business Accounts
5. Previous HMRC Corporation Tax Payments Very Imp
6. HMRC Self Assessments Returns Very Imp

UK Experience
• Documents already submitted under previous earnings .

Knowledge of Language and Life in the UK
(a) Original Life in UK Test Pass Certificate enclosed.
(b) English Requirements
Previously satisfied the english language requirement.
Original sealed transcript for degree taught in English enclosed.

Cohabitation documents

Joint Name Documents

Item 1 and 2 Lloyds Bank Statements Joint Name
20/12/2012 & 27/06/2013
Item 3 and 4 Rent Agreements Joint Name
02/10/2013 & 04/04/2014
Item 5 and 6 Halifax Bank Statements Joint Name
03/08/2014 & 31/10/2014


Maintenance Funds
Signed/stamped Bank statement . Same provided under previous
earning


UK Absence Letter
Letter from applicant for absence details
Employer Letter


Hope it helps

Ta
Honey

Hi Honey,

I am a Tier 1 (General) visa holder and I am going to apply for ILR within the next 10 days.
Could you explain a bit more on the documents you submitted for English Language requirement for you as a main applicant?
I am going to apply sooner for ILR and would really like to know at your earliest convenient time.

Below are the documents I am going to submit:

1. UK NARIC comparability certificate confirming my qualification with British degree standard (Not English language assessment)
2. Original Degree certificate from India
3. Letter from University for the medium of instruction in English
4. Points based calculator that shows 30 points for my qualification and 10 points for English language

Do I need to get UK NARIC English language assessment as level C1?

Thanks,
Raam

Normally if you have previously satisfied the English Level Requirement then you don't have to send anything during ILR application as written in the application form itself. It's written very clearly BUT Just not leaving anything being ILR application after 5 years , I being a Main Applicant added my MBA Degree,Uk NARIC Letter and Sealed Transcript showing that Degree was taught in english although they never opened it since intial,extenstion and ILR application!!!! When I got my docs back it was clear that they didn't open it.... saving their and my time!!!!

You documents are fine in my opinion BUT go thru the form thoroughly for your satisfaction.

Hope it helps

Ta
Honey

Just to add that I enclosed the UK Naric letter just confirm that MBA degree is equivalent to British Master's degree although it was not required as points of english and education was same as per previous applications and the same was submitted during previous applications...


Ta
Honey

Thank you Honey. Very helpful.

For both main applicant and dependant ILR, we need to complete SET (O) isn't it?

Many thanks Honey!

I too had obtained UK NARIC Comparability certificate for my Bachelor of Engineering in Computer Science.
I hope you too had this certificate as well!
I will submit this document along with Medium of instruction letter from my university and original Degree certificate to be safe!

Regards,
Raam

For Krishna :- Yes Set(O) form is for Main Applicant and dependents.

For Raam :- You will be fine for Qualification and English language if you submit UK NARIC along with Medium of instruction letter from university and original Degree certificate.

Just ensure LIUK is cleared well in time...

Best of Luck


Ta
Honey

Thanks Honey,

One last question:

Do we need to show proof for "Evidence of fund" - as there is a section in SET (O)
Please let me know if we need to simply tick those boxes and submit last 3 months savings account statements.

Regards,
Raam

I am referring to - SET (O) Document Page 61 under heading "Your Finances".
Since I am full time permanent employee, I support myself and my family with the salary I earn. In this case, do I need to show last 3 months savings statement as per Note 5?

Thanks,
Raam

Hi Raam,

I ticked it because I was already providing them my 12 month Payslips and Bank Statements.

Ta
Honey

Thanks Honey,

Much Appreciated! Can I ask you if you also submitted savings account details?

Thanks,
Raam

Salary was coming to my savings account.

So submitted Salary Slips and the savings account statement where my salary was coming .

The above statement was also used for showing funds for maintenance

Ta
Honey

Thanks Honey,

In my case, my salary is credited in my current account and I have a different savings account.
Also there is another joint account with my wife.
I am showing this joint account for one of the cohabitation documents. I can show the same for savings as well as proof of fund evidence.

In SET (O), page 72, there is a section for the joint account holder's name and signature for Consent. Since most of all the utility bills are in both my name and my wife's name, I have asked her to sign this section - hope this would be fine, right?

Regards,
Raam

In my case, my salary is credited in my current account and I have a different savings account.
Also there is another joint account with my wife.
I am showing this joint account for one of the cohabitation documents. I can show the same for savings as well as proof of fund evidence.

Yes you can

In SET (O), page 72, there is a section for the joint account holder's name and signature for Consent. Since most of all the utility bills are in both my name and my wife's name, I have asked her to sign this section - hope this would be fine, right?

Yes .I also got it signed from my wife.

Ta
Honey

Many thanks for your reply Honey!

Regards,
Raam

Many thanks Honey,

We applied for ILR at Croydon on 9th March and got our BRP cards today!
I did submit last 3 months savings account statements. The entire process took less than 2 hours and the decision was taken within 40 minutes.
The only question I have is the expiry date on ILR. For adults it is 10 years and for kids is it only for 5 years?

Cheers,
Raam

hi Honey and ramanathan ,
could you both help me for ILR ,
I have few questions ,
one :
Is 5 years employment necesssary to show , or last 12 months ?
two:
what if i have ccj on my credit report ??
please help me with these.

Hello Ram

First of all congratulations on your ILR
Dont worry of about ILR expiry date for adults as it is normal practice same as with passports.
Same is with childs.

For Jayacpr

Is 5 years employment necesssary to show , or last 12 months ?
If your under Tier(1) General no need at all as they ask for only 12 month continious income.
My advice :- Don't submit unnecessary documents which is not mentioned in guidance.If they want they will write to you

what if i have ccj on my credit report ??
I think you can raise this question in new post marked to seniors members as I am not sure about this.

Hope this helps

Ta
Honey

Hi I was granted ILR today . I had a CCJ on my account but my advocate suggested me to declare that. I have clearly explained my situation in the application and I was granted ILR.

Regards
KKBK2007

Tier1 General Application Granted on 19/07/2010
First Entry to UK on 08/09/2010
Moved permanently to the UK on 02/01/2011[/b]

Hi There - need an urgent reply to shed some light PLEASE!!!!

From the date I was granted the visa till first entry to the UK (less than 90 days). My understanding the qualifying 5 years will start from the date of visa being granted then. My first question, till a permanently moving to the UK 02/01/2011 I was looking for jobs and didn't have any job in the UK would this be counted as continuous period?

Second question is my employer letter is showing that I’m entitled for 30paid leaves per calendar year + bank holidays, but no specific dates to show all my holidays in the last 5 years! Would it be acceptable this was as no other letter can be provided apart from my contract to show the same information of 30days paid leaves per year.

the online PBS calculator tool is not working as the options are limited to special talent, and can't pick tier 1 general anymore to calculate my points of age, income, qualifications,....... any idea how to get the old tool or what to do now

Finally, my wife is eligible as she moved with me at the same time, but can I apply for her and my son at a later stage when I'm approved to avoid a loss of three applications if rejected for any stupid reason I'm not aware of


Many Thanks
Emad