ILR dependants few days short of 5 years.

Hello,
I plan to apply for ILR ( priority) on the basis of a skilled worker visa. I initially had a Sole rep visa for 4 years and then switched to a skilled worker visa, but I did not switch my family as the adviser told me it's all under work routes, so it does not matter.

I have completed 5 years, but my dependents are a few days short since they only care about the partner qualifying period. She was issued a visa on July 10, 2019, and her current stay expires on June 5, 2024. The date of first entry is 28th July 2019, and absences are not greater than 90 days in any year.

Now that she is 35 days short of the qualifying period, should I include her in my ILR application (priority) and delay our biometrics to 10th July so that she would meet the 5-year period by then, or is it better to apply for her to extend her stay and then submit my ILR at a later date when she is qualified ( by varying the application)? The second option may involve more money even though I will get a refund.

I am anxious since they clearly say 28 days is the earliest you can apply, and they keep changing rules every year, anyone with a recent success story who submitted longer than the known 28 days and got approval? Would be greatly appreciated. Thanks!

No extension is needed: How to apply early and benefit from the date of the ILR decision ?

That's calming, so you recommend I apply for ILR straightaway on 3rd june and delay biometrics to 10th July ( even though I will pay for priority decision ) or the other option, which is to vary in order that she applies within 28 days of her 5 year qualifying period?

Nur11 wrote: ↑

Thu Apr 25, 2024 3:45 pm

That's calming, so you recommend I apply for ILR straightaway on 3rd june and delay biometrics to 10th July ( even though I will pay for priority decision ) or the other option, which is to vary in order that she applies within 28 days of her 5 year qualifying period?

Why July ??
The date of first entry is irrelevant. The earliest date of ILR eligibility will be on (first visa issue date + 5 years - 28 days), that is early June 2024. As I explained, you may apply early before 5 June and book the appointment on the earliest date of eligibility (From 8th June and onwards)

Super priority has nothing to do with when you applied, it determines the visa processing speed AFETR your enrol your biometrics

The continuous residence rule that you quote either uses:

28 after the application date,
the application date
or the decision date.

Now, even if I enrol biometrics (5 years - 28 days), she will still not meet 5 years as the application date is fixed. so the only way is to enrol biometrics close to 5 full years completion so that on the expected decision date ( even though priority ) she would complete 5 years since the visa was issued, or am I missing something?

Nur11 wrote: ↑

Thu Apr 25, 2024 4:44 pm

The continuous residence rule that you quote either uses:

28 after the application date,
the application date
or the decision date.

Now, even if I enrol biometrics (5 years - 28 days), she will still not meet 5 years as the application date is fixed. so the only way is to enrol biometrics close to 5 full years completion so that on the expected decision date ( even though priority ) she would complete 5 years since the visa was issued, or am I missing something?

You do NOT need 5 years to become eligibleble for ILR. There is a 28 day concession, so ILR can be granted before getting to 5 years.

I see thanks for your clarification if one of my dependents turned 18 but had passed LIUK, and had GCSE at grade I think 8 in English from school is that enough as proof of English language or does she need to do a B1 on top of that

Nur11 wrote: ↑

Thu Apr 25, 2024 6:41 pm

I see thanks for your clarification if one of my dependents turned 18 but had passed LIUK, and had GCSE at grade I think 8 in English from school is that enough as proof of English language or does she need to do a B1 on top of that

GCSE is not enough. Anyone over the age of 18 must do the B1 SELT IELTS test.

but according to these rule (EL 7.1. An applicant will meet the English language requirement if they have a GCSE, an International GCSE, an A level, a Scottish National Qualification at level 4 or 5 or a Scottish Higher or Advanced Higher in English (language or literature) that was awarded:
(a) by an Ofqual (or SQA, Qualifications Wales or CCEA) regulated awarding body; and
(b) following education undertaken in a UK based school which began while they were aged under 18.
EL 7.2. The requirement at EL 7.1. must be proven by either:
(a) a certificate from the awarding body: or
(b) an official transcript issued by the awarding body)

under Immigration Rules Appendix English Language. Does not that [EL 2.1. An applicant will meet the English language requirement if any of the requirements in EL 3.1. to EL 7.2 are met] show that its met, but I have seen on this forum that its suggested otherwise for some reason

It doesn't explicitly state that it applies to dependents of your visa route though. Skilled Worker dependents have always needed to meet the B1 English test.

It applies only to applications under Appendix Student, Appendix Skilled Worker, Appendix Representative of an Overseas Business, Appendix T2 Minister of Religion, Appendix International Sportsperson, Appendix UK Ancestry, Appendix Global Talent, Appendix Start-up, Appendix Innovator Founder, Appendix Domestic Worker in a Private Household, Appendix High Potential Individual, Appendix Settlement Family Life, Appendix Private Life, Appendix Scale Up, Appendix Child staying with or joining a Non-Parent Relative (Protection), Appendix Hong Kong British National (Overseas), Appendix Victim of Domestic Abuse, Appendix HM Armed Forces, Appendix Long Residence and Appendix Bereaved Partner.

but since it specified appendix skilled worker. You can find under the appendix section "settlement as a dependent partner or dependent child of a skilled worker"

[English language requirement for settlement as a dependent partner or dependent child of a Skilled Worker
SW 44.1. Unless an exemption applies, the applicant must show English language ability on the Common European Framework of Reference for Languages in speaking and listening to at least level B1.

SW 44.2. The applicant must show they meet the English language requirement as specified in Appendix English Language.]

It specified meeting the English language requirement in that appendix English Language. So, I assume GCSE English is one way to prove it if it was taken by a student under 18 at a UK school, while 6.1 in the same appendix includes the B1 from an approved provider, as you suggested.

I am just trying to understand, to be honest, nothing more. Did you find anyone who got rejected by providing such a GCSE?

You risk a refusal for the child failing to meet the English requirement. It is as simple as that. Your choice if you want to risk it for the sake of a £150 test that takes 10 minutes.

People on the forum haven't used GCSE from school, they do the B1 test.

Yeah, I get you. Thank you so much for your perspective and help

Nur11 wrote: ↑

Thu Apr 25, 2024 7:32 pm

but since it specified appendix skilled worker. You can find under the appendix section "settlement as a dependent partner or dependent child of a skilled worker"

[English language requirement for settlement as a dependent partner or dependent child of a Skilled Worker
SW 44.1. Unless an exemption applies, the applicant must show English language ability on the Common European Framework of Reference for Languages in speaking and listening to at least level B1.

SW 44.2. The applicant must show they meet the English language requirement as specified in Appendix English Language.]

It specified meeting the English language requirement in that appendix English Language. So, I assume GCSE English is one way to prove it if it was taken by a student under 18 at a UK school, while 6.1 in the same appendix includes the B1 from an approved provider, as you suggested.

I am just trying to understand, to be honest, nothing more. Did you find anyone who got rejected by providing such a GCSE?

This is totally incorrect. GCSE is NOT an acceptable level of English at all as it does not confirm your English language level as per Common European Framework of Reference for Languages (CEFR) level

Thanks, Zimba, for your clarification. Have you come across or heard about anyone who was refused when they applied earlier than the 28-day period? I am worried because it says, 'Your application may be refused if you apply earlier.'' In the worst case, if that happens, am I entitled to even challenge it or not? If I made an extension application for my dependents and varied it to ILR within 28 days, it would be safer but more expensive. I don't know if they will be harsher with the new rules and shift in policy towards immigration, so I am not sure what to do as that's a lot of fees.

Not a single refusal. The reason is quite clear and I explained the reasoning in the link above. The advice given is strictly according to the rules and the guides and hundreds of previous members here have received and benefited from the same advice

Dear Zimba,

I have a few final questions regarding my dependent child, who is over 18 and will be applying separately:

1) Does she need any documents from her parents, such as their bank statements, to show that the address on her own documents matches theirs?

2) Does she need to submit both her current and previous BRP or just the current one?

3) The documents ask for a consent form in my name, but I assume this is inaccurate and that the consent form should be in her name instead and fill only part 1 ( asking since I send her a small amount of money every month )?

Additionally, I have a separate question for myself: Do I need to submit both my current and previous BRPs, or is it typical to submit only the current one?

Thank you very much in advance.

1. I have not seen specific documents that are needed.

2. Only the current BRP is needed for ANY application. This is also true for you and ALL applicants. Old BRPs have no value.

3. The consent form should be signed by the applicant

You are amazing zimba, I have a final urgent query. I received my bank statment from 3rd to 30 May for some reason but my salary gets paid 1st june from barclays. Can I order an interm statment up to today and submit it along with the previous bank statament or what can I do ?

Nur11 wrote: ↑

Mon Jun 03, 2024 3:41 pm

You are amazing zimba, I have a final urgent query. I received my bank statment from 3rd to 30 May for some reason but my salary gets paid 1st june from barclays. Can I order an interm statment up to today and submit it along with the previous bank statament or what can I do ?

Yes

God bless you, final follow up question:
1) does the bank need to stamp anything or for example issue a letter? or does the electronic bank statment along with the electronic interm statment suffice

2)Do I merge them into one document or two separate files

sorry I am just unfamiliar with the best approach and I bet you have more experience than me.

Nur11 wrote: ↑

Mon Jun 03, 2024 4:18 pm

God bless you, final follow up question:
1) does the bank need to stamp anything or for example issue a letter? or does the electronic bank statment along with the electronic interm statment suffice

2)Do I merge them into one document or two separate files

sorry I am just unfamiliar with the best approach and I bet you have more experience than me.

All digital evidence is now accepted, no need to do anything. You may merge the files or keep them separate, there is no difference

Also while I told you above that no documents are specified to be provided, it is good to provide some evidence that your child is still dependent on you for support, whatever you have to prove they are not leading an independent life

I am very thankful to you zimba, I will follow that. Also do you suggest that I use these the approach I told you above ( Bank statments + interm ) or to print all my transactions for one month perhaps so that its not two separate things.

Thanks a lot and apologies if it is a silly question

Nur11 wrote: ↑

Mon Jun 03, 2024 4:29 pm

I am very thankful to you zimba, I will follow that. Also do you suggest that I use these the approach I told you above ( Bank statments + interm ) or to print all my transactions for one month perhaps so that its not two separate things.

Thanks a lot and apologies if it is a silly question

Account statement and printed bank statement can be used, CW encounters this from time to time.