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Applying For ILR after 5 years

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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santata
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Applying For ILR after 5 years

Post by santata » Sat Jun 20, 2020 1:28 am

Hi Everyone, 
Need some clarifications ..

I am applying for the ILR via Tier 2 General 5 Years route along with my wife's PBS dependent visa extension.

My wife is on a PBS dependent visa (i am on a Tier 2 visa applying for ILR-5 years route).

For both of us the current visa is valid till 12th July and Initially i thought i can apply for her extension after my ILR outcome using priority /super priority service.

I am applying my ILR using standard service and based on the comments on this forum I am afraid it may take upto 4 months to get the result.

I have couple of questions :

1) Is there any issues if i can submit both applications on 1st week of July as i am still waiting for my Life in UK exam ( it was rescheduled 3 times due to COVID and finally got the exam slot on 26th June).

2) Is it mandated to show the evidence of funds maintenance for my wife's visa (PBS Dependent) extension?

If so is it Ok shall i get a letter (written undertaken) from my current employer/sponsor for this ?

Your help is highly appreciated

Thanks
San

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zimba
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Re: Applying For ILR after 5 years

Post by zimba » Sat Jun 20, 2020 2:05 am

santata wrote:
Sat Jun 20, 2020 1:28 am
1) Is there any issues if i can submit both applications on 1st week of July as i am still waiting for my Life in UK exam ( it was rescheduled 3 times due to COVID and finally got the exam slot on 26th June).
Yes. Simply answer YES to the LIUK question (leave any reference field empty on the form). Submit your application and the upload LIUK evidence with other documents
2) Is it mandated to show the evidence of funds maintenance for my wife's visa (PBS Dependent) extension?
If so is it Ok shall i get a letter (written undertaken) from my current employer/sponsor for this ?
You must show at least 90 (continuous) days of required savings by providing personal bank statements. An employer letter for your wife's extension application ?! Why !?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

santata
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Re: Applying For ILR after 5 years

Post by santata » Sat Jun 20, 2020 8:10 am

Zimba wrote:
Sat Jun 20, 2020 2:05 am
santata wrote:
Sat Jun 20, 2020 1:28 am
1) Is there any issues if i can submit both applications on 1st week of July as i am still waiting for my Life in UK exam ( it was rescheduled 3 times due to COVID and finally got the exam slot on 26th June).
Yes. Simply answer YES to the LIUK question (leave any reference field empty on the form). Submit your application and the upload LIUK evidence with other documents
Thanks for your reply . correct me if i am wrong i can submit both applications on or before 12th July (visa expirity date) to prereserve the status .. Right ?
2) Is it mandated to show the evidence of funds maintenance for my wife's visa (PBS Dependent) extension?
If so is it Ok shall i get a letter (written undertaken) from my current employer/sponsor for this ?
You must show at least 90 (continuous) days of required savings by providing personal bank statements. An employer letter for your wife's extension application ?! Why !?
Oh ok . I get salary every month no issues on that but by mid of the month i will be getting into overdraft so in bank statement it shows the balance as "negative" . i can see from one of the link as below
"member of a Tier 2 migrant must be able to they have £630 to support themselves. This can be from savings that have been held for a minimum of 3 months prior to application, or a written undertaking that the Tier 2 visa holder’s sponsoring employer (where eligible) will provide the funds if necessary."
"

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Re: Applying For ILR after 5 years

Post by CR001 » Sat Jun 20, 2020 9:04 am

Your employer cannot certify maintenance for your Dependent if you are applying for or have been granted ilr.

You or your dependent have to prove maintenance funds yourselves.
Char (CR001 not Casa)
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santata
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Re: Applying For ILR after 5 years

Post by santata » Sat Jun 20, 2020 10:50 am

Thank you for your reply.

I am fine with all other documentation except LIUK exam result which i can update only after my exam.

i am more tensed about my my wife's PBS dependent extension specially for showing funds mainteance. unfortunatly i am using overdraft since past 4 to 5 months due to some personal commitments though i get salary (£2570) every month. As its showing -ve balance in account.

Any thoughts ?

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Re: Applying For ILR after 5 years

Post by Rambo_ILR » Sat Jun 20, 2020 11:22 am

You must show £630 for minimum of 3 months as mainetance for single dependant. Is your partner not eligible to apply for ILR along with you?

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CR001
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Re: Applying For ILR after 5 years

Post by CR001 » Sat Jun 20, 2020 11:39 am

santata wrote:
Sat Jun 20, 2020 10:50 am
i am more tensed about my my wife's PBS dependent extension specially for showing funds mainteance. unfortunatly i am using overdraft since past 4 to 5 months due to some personal commitments though i get salary (£2570) every month. As its showing -ve balance in account.

Any thoughts ?
If you don't have £630 in maintenance funds for the full 90 days, her PBS dependent application will fail. Thie maintenance fund requirement has always been there, it isn't anything new.

Earning a salary is not sufficient unfortunately.

What date was her fist PBS dependent visa issued/granted?
Char (CR001 not Casa)
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Re: Applying For ILR after 5 years

Post by santata » Sat Jun 20, 2020 2:47 pm

Hi CR001

Thanks for your time and reply much appreciated.

My Wife's History :
Entry clearance stamp : 28th May 2016
extended on 19th July 2017 and valid until 12th July 2020.

My History :
Entry clearance : 27th June 2015
extended on 2nd June 2017 and valid until 12th July 2020.

*Life in UK test scheduled on 26th June*

I have all documents ready except life in uk . so for me it seems one option to meet funds mainteance for my wife case is i can submit both applications on 2nd july as i get salary on 1st July . so i can have the suffcient funds in my account.

hope its not an issue to submit both applications on 1st week of July as our current visa valid until 12th July. Am i right ?

Or else i can apply her ILR depedent but clock will reset and she needs to wait for 5 more years to qualify ILR.

Any suggestions /thoughts . much appreciated your suggestions /time. :)

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Re: Applying For ILR after 5 years

Post by zimba » Sat Jun 20, 2020 2:55 pm

It is not about having the funds now. You should have held the funds at the required level for at least 90 days continuously :!: This means positive min balance continuously for 90 days
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

santata
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Re: Applying For ILR after 5 years

Post by santata » Sat Jun 20, 2020 3:02 pm

Oh .. if that is the case shall i apply her as ILR dependent ? i think this is stright forward case like me with out having any issues ( i mean funds , english assessment etc..)

Any suggestions?

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Re: Applying For ILR after 5 years

Post by zimba » Sat Jun 20, 2020 6:11 pm

santata wrote:
Sat Jun 20, 2020 3:02 pm
Oh .. if that is the case shall i apply her as ILR dependent ? i think this is stright forward case like me with out having any issues ( i mean funds , english assessment etc..)

Any suggestions?
FLR(M) after you get ILR. It has English requirement and income requirement. She needs to start her ILR clock from scratch
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

santata
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Re: Applying For ILR after 5 years

Post by santata » Sun Jun 21, 2020 3:55 pm

Hi Zimba,

If that's the case I have an option .

so , I will go ahead and submit my ILR application along with my wife's PBS dependent extension on or before 12th July so that i can preserve our status by submitting on or before current visa expiry date.

I assume that i dont think i wont get a biometric slot's at least before 1st week Aug (by seeing updates from other members & based on current huge backlog) so i am thinking i can drag / book her slot after 90 days from now so that i can show the funds maintenance before she attend biometric. 

last one , so i can send her documents before biometric right ? 

you guys are experts & seniors so correct me if i am wrong. 

Thanks
San

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Re: Applying For ILR after 5 years

Post by CR001 » Sun Jun 21, 2020 3:58 pm

so , I will go ahead and submit my ILR application along with my wife's PBS dependent extension on or before 12th July so that i can preserve our status by submitting on or before current visa expiry date.
If you switch to FLR m this can be done when you apply for ilr.
I assume that i dont think i wont get a biometric slot's at least before 1st week Aug (by seeing updates from other members & based on current huge backlog) so i am thinking i can drag / book her slot after 90 days from now so that i can show the funds maintenance before she attend biometric.
Date of application relevant to your supporting documents and maintenance funds is the date you submit and pay online and not the date if biometrics appointment.
last one , so i can send her documents before biometric right?
Yes, but the maintenance funds still won't meet the requirements on the date of application.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Applying For ILR after 5 years

Post by santata » Sun Jun 21, 2020 4:01 pm

Hmm..

confused now what to do for my wife's case now . :(

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Re: Applying For ILR after 5 years

Post by zimba » Sun Jun 21, 2020 6:08 pm

santata wrote:
Sun Jun 21, 2020 4:01 pm
Hmm..

confused now what to do for my wife's case now . :(
FLR(M)
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Re: Applying For ILR after 5 years

Post by santata » Sun Jun 21, 2020 7:33 pm

Thank you for suggestion.

so i have all documents for her except English assessment which i can apply NARIC for her Master's degree.

so do you want me to submit her FLR(M) along with my ILR application ?

Thanks,
San

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Re: Applying For ILR after 5 years

Post by zimba » Mon Jun 22, 2020 1:11 am

santata wrote:
Sun Jun 21, 2020 7:33 pm
Thank you for suggestion.

so i have all documents for her except English assessment which i can apply NARIC for her Master's degree.

so do you want me to submit her FLR(M) along with my ILR application ?

Thanks,
San
Yes you have no choice
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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