Clarification on ILR Eligibility

Shwetha14 · Post by **Shwetha14** » Wed Jun 15, 2022 9:28 pm

Hi,

I am on Tier-2 5 year visa route, I need some guidance regarding shortage of 19 days to apply for ILR based on eligibility criteria (28 days before 5 years )

Visa details:

Entry clearance visa stamping date : 30/08/2018
BRP(start date):- 05/09/2018
BRP (Valid Until) :- 14/07/2023
The date I entered UK - 15/09/2018

1) Date I will be completing 5 years based on BRP start date :- 05/09/2023
28 days prior :- 08/08/2023
No of days short :- 25 days

2) Date I will be completing 5 years based on entry clearance visa :- 30/08/2023
28 days prior :- 02/08/2023
No of days short :- 19 days

which date to consider as start date for ILR eligibility, Entry clearance visa(30/08/2018) or BRP(05/09/2018)?

Which option below would be best to consider
(a) Should I go for Tier 2 extension for short period (3 or 6 months) and apply for ILR after completing 5 years?
(b) Should I apply for tier 2 extension and switch if the decision is not made by my ILR eligibility date?
(c) Apply for ILR before visa expiry and then book an appointment after ILR eligibility date?

If I consider option (c), can my dependents also apply for ILR?

Dependent 1 (Spouse):
BRP(start date):- 06/11/2018
BRP (Valid Until) :- 14/07/2023

Date he will be completing 5 years based on BRP start date :- 06/11/2023
28 days prior :- 09/10/2023
No of days short :- 87 days

Since he is short of 87 days for ILR eligibility, can he apply for tier-2 dependent extension with my ILR application reference ? or any other ways of short extension for 90 days and apply for ILR without tier 2 dependent extension?

Dependent 2 (Son):
Born in UK on 21/03/2019 and his visa expires on same date as ours.
As for my understanding, children's born in UK are eligible to apply for British citizenship as soon as one of the parent gets an ILR.
But by the time I get an ILR, his visa will be expired. Do we need to apply for short extension in this case ? or Can he directly apply for Citizenship with visa expiry?

I would be very grateful if someone could advise me on how to proceed with my situation

Thank you,
Shwetha

Post by **Ticktack** » Thu Jun 16, 2022 10:08 am

Shwetha14 wrote: ↑
Wed Jun 15, 2022 9:28 pm
Hi,

I am on Tier-2 5 year visa route, I need some guidance regarding shortage of 19 days to apply for ILR based on eligibility criteria (28 days before 5 years )

Visa details:

Entry clearance visa stamping date : 30/08/2018
BRP(start date):- 05/09/2018
BRP (Valid Until) :- 14/07/2023
The date I entered UK - 15/09/2018

1) Date I will be completing 5 years based on BRP start date :- 05/09/2023
28 days prior :- 08/08/2023
No of days short :- 25 days

2) Date I will be completing 5 years based on entry clearance visa :- 30/08/2023 Use this one.
28 days prior :- 02/08/2023
No of days short :- 19 days

which date to consider as start date for ILR eligibility, Entry clearance visa(30/08/2018) or BRP(05/09/2018)?

Which option below would be best to consider
(a) Should I go for Tier 2 extension for short period (3 or 6 months) and apply for ILR after completing 5 years? You don't need an extension for 19 days, apply online closer to your visa expiry date. Then push you biometrics as far as you possibly can till it's within the region of when you qualify.
(b) Should I apply for tier 2 extension and switch if the decision is not made by my ILR eligibility date?
(c) Apply for ILR before visa expiry and then book an appointment after ILR eligibility date? Yes!

If I consider option (c), can my dependents also apply for ILR? Nope, it's not one size fits all. Everyone must complete their immigration time.

Dependent 1 (Spouse):
BRP(start date):- 06/11/2018
BRP (Valid Until) :- 14/07/2023

Date he will be completing 5 years based on BRP start date :- 06/11/2023
28 days prior :- 09/10/2023
No of days short :- 87 days

Since he is short of 87 days for ILR eligibility, can he apply for tier-2 dependent extension with my ILR application reference ? or any other ways of short extension for 90 days and apply for ILR without tier 2 dependent extension?Yeah, he needs to apply on the same day as you, as a dependant. He's application would be pending, as it depends on you. Once yours gets approved, he can vary his application if he's now within the time frame required.

Dependent 2 (Son):
Born in UK on 21/03/2019 and his visa expires on same date as ours.
As for my understanding, children's born in UK are eligible to apply for British citizenship as soon as one of the parent gets an ILR.
But by the time I get an ILR, his visa will be expired. Do we need to apply for short extension in this case ? or Can he directly apply for Citizenship with visa expiry? Yes form MN. However, he can't use the NHS during the time he has no visa.

I would be very grateful if someone could advise me on how to proceed with my situation

Thank you,
Shwetha

Shwetha14 · Post by **Shwetha14** » Fri Jun 17, 2022 12:34 am

Thank you for your quick response.

For dependents you mentioned that “he needs to apply on the same day as you, as a dependant. He's application would be pending, as it depends on you. Once yours gets approved, he can vary his application if he's now within the time frame required.” —>meaning, he should apply for ILR along with me as a dependent and not to book for biometric until my application is approved. Once my application is approved, he needs to vary his application and book for biometrics when he qualifies. Am I correct??

For dependent child who is born in Uk , We can go with private insurance. But while applying for British citizenship don't we provide any previous visa details? Also will there be any impact for his school admissions? He will be starting his reception in sept 2023, I may not have received decision on my ILR application by then and he will not have any visa or not submitted citizenship application at this stage.

I am planning to take life in UK test now and came across with below points while booking the test. Could you please assist me on this.

A. Please enter a reason for taking the test
1.Citizenship: Means you're applying to be a British citizen
2.Settlement: Means you're applying for indefinite leave to remain
3.Other: Other reason for taking the test
Which option to choose here 1 or 2 as we will use the same certificate for both ILR and citizenship.

B. Do you have a Home Office reference number?
Yes No
Is it mandatory to provide Home Office reference number?

Thanks.

Post by **zimba** » Fri Jun 17, 2022 12:45 pm

For dependents you mentioned that “he needs to apply on the same day as you, as a dependant. He's application would be pending, as it depends on you. Once yours gets approved, he can vary his application if he's now within the time frame required.” —>meaning, he should apply for ILR along with me as a dependent and not to book for biometric until my application is approved. Once my application is approved, he needs to vary his application and book for biometrics when he qualifies. Am I correct??

Your spouse can apply anytime before their visa expiry. You may choose to apply earlier or you both can apply on the same day. This is all ok.

For dependent child who is born in Uk , We can go with private insurance. But while applying for British citizenship don't we provide any previous visa details? Also will there be any impact for his school admissions? He will be starting his reception in sept 2023, I may not have received decision on my ILR application by then and he will not have any visa or not submitted citizenship application at this stage.

Your child has an entitlement to register as British after you get ILR. There is no need for such a child to hold any visa for registration.
If worried about the school, your child may apply together with your spouse to retain visa status.

I am planning to take life in UK test now and came across with below points while booking the test. Could you please assist me on this.
A. Please enter a reason for taking the test
1.Citizenship: Means you're applying to be a British citizen
2.Settlement: Means you're applying for indefinite leave to remain
3.Other: Other reason for taking the test
Which option to choose here 1 or 2 as we will use the same certificate for both ILR and citizenship.

Any option will be OK. There is really no difference

B. Do you have a Home Office reference number?
Yes No
Is it mandatory to provide Home Office reference number?

Ignore that

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Clarification on ILR Eligibility

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