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Final sense check before ILR application set (O)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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jubalizer
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Query on eligibility date to make ILR application

Post by jubalizer » Sat Feb 11, 2023 10:50 pm

Hello!

I'm soon eligible to apply for ILR. My original visa (the UK Clearance Entry sticker in my passport) states its valid from 21/05/2018 until 20/06/2018. I entered the UK on 01/06/2018 and my BRP expires on 21/05/2023.

I believe I can make my application 28 days before 5-years. I just want to confirm if the date I count backwards from is 21/05/2018 (the date of my UK Clearance Entry sticker) or 01/06/2018 (when I entered the UK)?

I'm 90% sure its the former (21/05/2018) which would make the first date I could apply for ILR 22/04/2023. Is my understanding correct?

I have made about 10 trips in and out of the country in the last 5 years with the longest being 43 days but never have they added up to more than 180 per year (not even close). My total time outside the country is under 140 days.

Thanks in advance!

AmazonianX
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Re: Query on eligibility date to make ILR application

Post by AmazonianX » Sat Feb 11, 2023 11:01 pm

jubalizer wrote:
Sat Feb 11, 2023 10:50 pm
Hello!

I'm soon eligible to apply for ILR. My original visa (the UK Clearance Entry sticker in my passport) states its valid from 21/05/2018 until 20/06/2018. I entered the UK on 01/06/2018 and my BRP expires on 21/05/2023.

I believe I can make my application 28 days before 5-years. I just want to confirm if the date I count backwards from is 21/05/2018 (the date of my UK Clearance Entry sticker) or 01/06/2018 (when I entered the UK)?

I'm 90% sure its the former (21/05/2018) which would make the first date I could apply for ILR 22/04/2023. Is my understanding correct?

I have made about 10 trips in and out of the country in the last 5 years with the longest being 43 days but never have they added up to more than 180 per year (not even close). My total time outside the country is under 140 days.

Thanks in advance!
What visa type are you currently on or did you come to UK with? This will determine if its visa vignette issue date or entry date into UK is where you count from.

jubalizer
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Re: Query on eligibility date to make ILR application

Post by jubalizer » Sat Feb 11, 2023 11:03 pm

Hello. Sorry for not mentioning. My partner is on an ancestry visa and I'm a dependant.

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Re: Query on eligibility date to make ILR application

Post by AmazonianX » Sun Feb 12, 2023 6:50 am

jubalizer wrote:
Sat Feb 11, 2023 11:03 pm
Hello. Sorry for not mentioning. My partner is on an ancestry visa and I'm a dependant.
Count from the visa issue date.

jubalizer
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Re: Query on eligibility date to make ILR application

Post by jubalizer » Sun Feb 12, 2023 7:41 am

Noted. Thank you!! :-)

jubalizer
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English language requirement for ILR via ancestry

Post by jubalizer » Wed Feb 15, 2023 4:01 pm

Hello,

My partner (ancestry) and I (dependant) are South Africans and we intend to apply for ILR in a few months.

Many of the posts mention we need to prove our English language ability either via a degree equivalence or a language test (we both studied in SA).

On this page (https://www.gov.uk/ancestry-visa/indefi ... -to-remain) it quite clearly states -> "You do not need to prove you meet the English language requirements when you apply to settle using your UK Ancestry visa."

Has this been updated recently? Perhaps I am reading older posts that reflect different information?

My take is that I do not need to prove my language ability. Is that right?

Sorry if I am missing something obvious.

Thanks in advance.

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Re: English language requirement for ILR via ancestry

Post by zimba » Wed Feb 15, 2023 5:54 pm

That page seems to be incorrect. For ILR under ancestry route, the immigration rules say that the requirements under the Appendix English Language must be met, so you need to prove your English language at least B1 level

Guide: https://assets.publishing.service.gov.u ... 9.0ext.pdf
Appendix English Language: https://www.gov.uk/guidance/immigration ... h-language
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

jubalizer
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Re: English language requirement for ILR via ancestry

Post by jubalizer » Tue Feb 21, 2023 6:52 pm

Thank you, Zimba!

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Re: English language requirement for ILR via ancestry

Post by sd_newirl » Wed Mar 08, 2023 4:07 pm

Is it possible that they are updating this requirement? I think the websites changed recently to show the below, which clearly contradicts the caseworker guidance. A few months ago it included English language requirement.

https://www.gov.uk/ancestry-visa/indefi ... -to-remain
"Knowledge of language and life in the UK
If you’re 18 to 64 you must also book and pass the Life in the UK Test.

You do not need to prove you meet the English language requirements when you apply to settle using your UK Ancestry visa."

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Re: English language requirement for ILR via ancestry

Post by zimba » Wed Mar 08, 2023 4:18 pm

sd_newirl wrote:
Wed Mar 08, 2023 4:07 pm
Is it possible that they are updating this requirement? I think the websites changed recently to show the below, which clearly contradicts the caseworker guidance. A few months ago it included English language requirement.

https://www.gov.uk/ancestry-visa/indefi ... -to-remain
"Knowledge of language and life in the UK
If you’re 18 to 64 you must also book and pass the Life in the UK Test.

You do not need to prove you meet the English language requirements when you apply to settle using your UK Ancestry visa."
The immigration rules and the official guide are the correct places to look. The rules require you to satisfy the English language requirement as they stand. GOV.UK information may not be accurate
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

jubalizer
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Final sense check before ILR application set (O)

Post by jubalizer » Sun Mar 12, 2023 5:07 pm

Hello!

I'm preparing my ILR application and after reading as many posts as thoroughly as possible I'm almost ready to go. Is there anything I am missing below?

Key information -

• Primary applicant (partner) is on an ancestry visa and sole director of a limited liability company.
• Secondary applicant (myself) is on a dependant visa and a full time salaried worker
• We are unmarried partners (and will get married in December this year after 10 years)
• Both of us have worked continuously throughout our 5 years – primary applicant has always run her company and secondary applicant has kept the same job throughout stay.

Documents provided -

Proof of current visa & travel history (Both applicants)
• Passport
• BRP
Declaration of consent (Primary applicant only)
• Home Office verfication checks
• Home office checks of joint accounts or third party support
Tests (Both applicants)
• Life in the UK - passed
• English B1 – passed at Trinity College London
Ancestry (Primary applicant only)
• South African Unabridged birth certificate (primary applicant)
• South African unabridged birth certificate (primary applicants father)
• British birth certificate (primary applicants father’s father)
Employment Primary Applicant (sole director of a limited liability company)
• Company accounts made up to end of Financial Year 2022/23
• Letter from company accountant confirming employment,designation, annual income via salary and dividends, business viability written within 28 days of application.
• Three months payslips within 28 days of application
• HMRC Self-assessment returns
• Relevant qualifications and professional registrations – (psychology degree & resgistration with relevant professional bodies)
• Snapshot of busines website
• p60
Employment Secondary Applicant (full time employed worker)
• Letter from employer confirming start date, designation, employment, salary and intent to continue employment issued within 28 days of application
• Three months payslips issued within 28 days of application
• p60
Finances (Both Applicants)
• Bank statement over 3 months
• Additional savings accounts – ISA’s (IG & Vanguard)
• 3 months payslips
Travel and time outside UK (both applicants)
• Excel spreadsheet showing dates & description
Proof of relationships (applicants are unmarried partners)
• x2 rental agreements with both applicants name over the 5 years of residence
• Photo collage of travels and relationship story.
• Birth certificate of child (due to be born on 22 March 2023)

I have some additional questions -

1. Is set (o) correct? I thought that the secondary applicant would be set (m) but if we go in together are we both set (o)?
2. The travel in and out of UK is only asked of the primary applicant but not the secondary. Is this an issue? (The relevant dates will be provided for both and are both well within the allowance per year).
3. When we submit scans of our passports do we send - only the key info page / key info and all stamps / key info, all stamps and all pages (even if blank)?
4. There is a missing entry stamp for one of our journeys when we returned to the UK. I've paged through the passport several times and cant find it. (I think it occurred when the army were supporting at the airport in 2022). Will this be an issue?
5. The consent for verification seem to pertain only to the primary applicant. Is there anything to do for the secondary applicant? Am I missing something?
6. We both bank with Monzo and have no other account. Will this be an issue as some institutions don't like it?
7. To evidence our relationship - we will provide our rental agreements, birth certificate of child (if we can get it in time), photo collage and perhaps some plans for our December wedding with invoices etc. Will this be enough?
8. I believe the earliest date we can apply is 22 April 2023. Our original entry visa in our passport was valid from 21/5/18 until 20/6/28. Given we spent about 3 days out the country over the next 18 months I believe 27 days before the visa start date is correct. Am I right on 22 April 2023?
9. We are expecting our first child on 22 March 2023. We are going to wait for our ILR to come through (fingers crossed) then make a citizenship application for him as soon as we are able. Is there anything we should include in our current application to make sure this goes smoothly?

Apologies if I am being neurotic. Thank you in advance.

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Re: Final sense check before ILR application set (O)

Post by CR001 » Sun Mar 12, 2023 5:41 pm

Proof of current visa & travel history (Both applicants)
• Passport
• BRP
Declaration of consent (Primary applicant only)
• Home Office verfication checks
• Home office checks of joint accounts or third party support
Tests (Both applicants)
• Life in the UK - passed
• English B1 – passed at Trinity College London
Fine.
Ancestry (Primary applicant only)
• South African Unabridged birth certificate (primary applicant)
• South African unabridged birth certificate (primary applicants father)
• British birth certificate (primary applicants father’s father)
Employment Primary Applicant (sole director of a limited liability company)
• Company accounts made up to end of Financial Year 2022/23
• Letter from company accountant confirming employment,designation, annual income via salary and dividends, business viability written within 28 days of application.
• Three months payslips within 28 days of application
• HMRC Self-assessment returns
• Relevant qualifications and professional registrations – (psychology degree & resgistration with relevant professional bodies) NOT REQUIRED
• Snapshot of busines website NOT REQUIRED
• p60
Employment Secondary Applicant (full time employed worker)
• Letter from employer confirming start date, designation, employment, salary and intent to continue employment issued within 28 days of application
• Three months payslips issued within 28 days of application
• p60
There is no requirement for a ancestry dependent to work or evidence work. No issue if you want to submit though.
Finances (Both Applicants)
• Bank statement over 3 months
• Additional savings accounts – ISA’s
• 3 months payslips
The savings are irrelevant to ILR. The main Ancestry visa holder is simply required to prove they work and pay tax.
Travel and time outside UK (both applicants)
• Excel spreadsheet showing dates & description
Fine. Why a description. You simply need Dates and city/country visited. Why you visited is irrelevant.
Proof of relationships (applicants are unmarried partners)
• x2 rental agreements with both applicants name over the 5 years of residence
• Photo collage of travels and relationship story. NOT REQUIRED
• Birth certificate of child (due to be born on 22 March 2023) NOT REQUIRED
You are required to submit evidence of cohabitation only for the last two years. You need documents in both names or addressed individually from 3 to 6 different sources, spread evenly for every 3 to 4 months.
I have some additional questions -

1. Is set (o) correct? I thought that the secondary applicant would be set (m) but if we go in together are we both set (o)?
2. The travel in and out of UK is only asked of the primary applicant but not the secondary. Is this an issue? (The relevant dates will be provided for both and are both well within the allowance per year).
3. When we submit scans of our passports do we send - only the key info page / key info and all stamps / key info, all stamps and all pages (even if blank)?
4. There is a missing entry stamp for one of our journeys when we returned to the UK. I've paged through the passport several times and cant find it. (I think it occurred when the army were supporting at the airport in 2022). Will this be an issue?
5. The consent for verification seem to pertain only to the primary applicant. Is there anything to do for the secondary applicant? Am I missing something?
6. We both bank with Monzo and have no other account. Will this be an issue as some institutions don't like it?
7. To evidence our relationship - we will provide our rental agreements, birth certificate of child (if we can get it in time), photo collage and perhaps some plans for our December wedding with invoices etc. Will this be enough?
8. I believe the earliest date we can apply is 22 April 2023. Our original entry visa in our passport was valid from 21/5/18 until 20/6/28. Given we spent about 3 days out the country over the next 18 months I believe 27 days before the visa start date is correct. Am I right on 22 April 2023?
9. We are expecting our first child on 22 March 2023. We are going to wait for our ILR to come through (fingers crossed) then make a citizenship application for him as soon as we are able. Is there anything we should include in our current application to make sure this goes smoothly?
1. Yes. One form for both of you. Set M is for a completely different visa category not relevant to you.
2. The form only asks for the main visa applicant.
3. Bio page and all stamped pages.
4. No issue, they have other means to check your travel history matches.
5. Part 1 for main applicant, part 2 for you.
6. No, you are overthinking.
7. Birth certificate not required (it will only delay things as UKVI will pause your applications while asking questions about the immigration status and what you plan to do about the child). You do NOT need photos or anything to do about a future wedding. You are overthinking. See my comment above about what you are required to submit regarding 2 years cohabitation evidence.
8. You can apply no sooner than within 28 days before the 5th anniversary of the initial visa issue date. Not sure what you mean about 3 days out of the UK, but this is irrelevant to calculating the qualifying period.
9. No, you are overthinking. Citizenship has its own rules and requirements and is independent of your ILR. A UK born child has an entitlement to register as British once either parents gets ILR. Ask your child citizenship questions in the British citizenship sub forum please.
Apologies if I am being neurotic.
Definitely overthinking. It is not a complicated application and is purely based on your partners ancestry claim and him working and evidence of this as well as your subsisting relationship evidence ie 2 years cohabitation evidence. That's it.
Char (CR001 not Casa)
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jubalizer
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Re: Final sense check before ILR application set (O)

Post by jubalizer » Sun Mar 12, 2023 7:19 pm

Thank you CR001. Clear and concise. I will pick up the citizenship application for my child the the appropriate place. Much appreciated!

jubalizer
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Re: Final sense check before ILR application set (O)

Post by jubalizer » Mon May 08, 2023 6:50 pm

Update. Made the application on the above advice and it went well. Finally got ILR. Thank you CR001!!

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