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ILR

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Bale24
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ILR

Post by Bale24 » Sun Sep 22, 2024 8:34 pm

Hello, I am applying for my ILR after being on skilled worker visa for 5 years. My dependant family have also been 5 years with me in my skilled worker visa but I am not planning for them to apply with me now except my wife, because of not having enough money to pay for the children now. My current skilled worker which my dependant family are on is valid till May 2025.
Please my question are as follows:
1. When I get my ILR, will my children still be able to stay in the UK with their dependant visa at least till I can do their ILR before May 2025.

2. After my ILR, I also plan to change employment by getting a new job. In this case, when I leave my present employer, will this my dependant visa be cancelled or it will not be affected.

My plans is to apply for ILR for my children latest February or March 2025.

Thank you for your help.

Bale24

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CR001
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Re: ILR

Post by CR001 » Sun Sep 22, 2024 9:08 pm

1. Yes.

2. No issue.
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Bale24
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Re: ILR

Post by Bale24 » Mon Sep 23, 2024 9:09 am

Thank you CR001.

Please just to coin No 2 in another way, So immediately i obtain my ILR, I can resign from my sponsor to a new job and my children' current visa will not be affected till I can do their ILR next year?

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Re: ILR

Post by CR001 » Mon Sep 23, 2024 9:36 am

Their visas are dependent on YOU, not your sponsor.

Whether you work or don't work after ilr is irrelevant to their visas.
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Bale24
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Re: ILR

Post by Bale24 » Wed Sep 25, 2024 12:19 pm

Thanks CR001. I appreciate your help with this. God bless.

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Re: ILR

Post by Bale24 » Thu Sep 26, 2024 6:08 pm

Pleasesome other things related to my dependantfamily. .

1. I have a son in sixth form year 13. He is going to be 18 years old by ending of next month Oct 2024.

If he turns 18 before applying for ILR, will he be required to show proof of English and Life in UK?

2. My wife had degree taught in English but she graduated in 2007. I believe we can get a Ecctis verification for her for English proficiency. My question is would UKVI accept a certificate as old as this, literally 17 years old?

I understand children can only apply when both of their parents have ILR or at least apply together with the second parent when the first have already settled. That's why my wife English proof is what my son is waiting for.

There is possibility of getting a fast track Ecctis verification to meet up my wife and son putting in the application before he turns 18 years. But I just want to be sure the age of my wife's degree will not be a problem or she should apply just take one of the approved English test at once?

Thanks for you kind help.

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CR001
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Re: ILR

Post by CR001 » Thu Sep 26, 2024 6:50 pm

1. I have a son in sixth form year 13. He is going to be 18 years old by ending of next month Oct 2024.

If he turns 18 before applying for ILR, will he be required to show proof of English and Life in UK?
Yes, all applicants over the age of 18 must do the English B1 test and LIUK test.
2. My wife had degree taught in English but she graduated in 2007. I believe we can get a Ecctis verification for her for English proficiency. My question is would UKVI accept a certificate as old as this, literally 17 years old?
Fine, but depends what level ECCTIS assesses it at.
There is possibility of getting a fast track Ecctis verification to meet up my wife and son putting in the application before he turns 18 years. But I just want to be sure the age of my wife's degree will not be a problem or she should apply just take one of the approved English test at once?
A degree earned is a degree. Not sure why you think there will be an issue here. You are overthinking. If you are that much in doubt, let he do the B1 English test, it costs the same as ECCTIS.
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Bale24
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Re: ILR

Post by Bale24 » Thu Sep 26, 2024 10:14 pm

Please pardon my inquisitiveness. Just making sure my T's and I's are crossed and dotted.
I am very clear and happy with you answers. Yes, she will write one of the approved test, booking for her next week. I am sure she will pass and we'll get the application in on time for her and our son. Then apply later for the other kids in date.

Thanks very much for your tireless responses. God bless.

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Re: ILR

Post by Bale24 » Mon Sep 30, 2024 12:30 pm

Hi Again.
My application is about to be submitted (Set O) ILR.
I have a little issue with payslip.
So I work in a big organisation that have different bussiness entities, each with thier own CoS. I recently transferred from one of the entity to another with a new skilled worker visa from the new entity, whi have provided me with employer support letter for my ILR. Apparently I had completed 5 yrs 2 month in the previous entity and was about to apply for my ILR when the entity decided to downsized the worker force. So in order to keep my job, I was moved (internal transfer of employment on same role and same code) to the new entity to sponsor me. That has be done and i have now been given employer letter for my ILR by the new entity.

Now all this happened within September 2024. I left the other entity on 15th sept and started work with the new entity on the 16th September. Now my September salary has been paid, part by the previous entity, and the other part by my current employer. These are showing in my Bank statement with their different names. But only 1 payslips could be generated which is the one for the previous entity as a change is yet to be made in the internal payroll system to give control of my payslip generation in the name of the new entity. It will not be till October before the new entity could take over my payslip generation. And that is too long in view of my son and my wife application. The HR is happy to give me a supporting letter to explain the salaries and why I only have 1 payslip for now but can confirm the 2 salaries payment made to my account to complete my full monthly pay. Add together they sum up conveniently to what I should end for my code.
Please I want to know: Is such letter sufficient for payslips requirements for the ILR?
Thank you for further help.

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zimba
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Re: ILR

Post by zimba » Mon Sep 30, 2024 4:32 pm

If you have been moved to a different entity with a separate license, things can become complex. You should get your new sponsor to ensure that you do not need a new visa and instead, you can apply directly for ILR. A new visa often is not needed when you are moved under TUPE or similar protection. They should contact the UKVI and confirm this and advise you further.

There is a whole guide on this for sponsors: https://www.gov.uk/government/publicati ... accessible

Also, why can't you delay the ILR a bit further ? Is your wife's visa running out ?
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Bale24
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Re: ILR

Post by Bale24 » Wed Oct 02, 2024 12:01 am

Hi Zimba,
Thanks for you response.
1. Following CR001 response, my wife has enrolled to take B1 English test.

2. Yes, I was given a new visa by the new entity who now employs me. It was just a 1 year visa to get me to continue work. It is obviously not as TUPE, though within the mother organisation, is treated as internal transfer, so no gap in my employment history.
The new entity are the one that have rightly given me the employer letter for my ILR. But because I started work 16th September, I only got a half month pay, hence the payslip is showing half of my salary. The other half of my September salary (1 to 15 Sept.) was paid by the previous entity. So 2 salary into my account for September 2024.
Please is it valid to present the half month payslip from my current employer or can I add the other half from my previous employer to compliment it?
If not valid, it means i have wait to get a full payslip from my current employer by end of October. My son would have turned 18 by then (30 Oct).

In this situation, he then has takes English test and LIUK? And can he still apply with me, or would need to apply separately. He is in full time education, living and dependent on me, though just recently started a small 18hrs/week job.

Apologies for my long essay and thank you for your precious time and know how.

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zimba
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Re: ILR

Post by zimba » Wed Oct 02, 2024 2:19 am

You can explain the payroll issue in a cover letter. It is up to the UKVI on how to assess this. I cannot comment on this.
Your son turning 18 only means he will have to sit the English language test and LIUK and apply using a separate SET(O) form. Not a big deal.
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Bale24
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Re: ILR

Post by Bale24 » Sat Oct 05, 2024 6:05 pm

Zimba, That's fine. He will take the tests.
Thanks everyone for your prompt and useful responses. I will be submitting my application once i get my October payslip. My wife is taking her SEL test and will also enroll my son for his tests. will share the good news of success with you all.

Regards

Bale24
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Re: ILR

Post by Bale24 » Mon Dec 02, 2024 5:35 pm

Hi Everyone. I'm pleased to announce that I got my ILR via Set (O).

I am now applying for my dependant family that is my wife and our children. Please I need help on a few apsect of this dependant application.
About my son who is now 18 years and 1 month old now, He has passed his Life in UK and SELT B1 English proficiency Test.
We joined joined him in the application with my wife. But i observed that the application did not ask his life in uk test and proof of English, not even as part of the documents requested was requested for his case. Am a bit confused if we are doing the right thing by joining him?

Also, the application did not asked for any proof of address for my wife and evidence that we are married and living together, which are some of the requirement listed on Govt websites. So are we supposed to upload these though they are not among the listed documents , both under l Mandatory and other documents?
Thank you for your help.

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zimba
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Re: ILR

Post by zimba » Mon Dec 02, 2024 5:43 pm

He should apply using a separate SET(O) application :!:

See also: All you need to know about cohabitation evidence
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Bale24
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Re: ILR

Post by Bale24 » Mon Dec 02, 2024 8:39 pm

Hello Zimba, thanks for.your respond. If he applies separately, can his application be linked to the mother, as I wanted all of them to apply at the same time. I understand children settlement is tied to both parents being settled, hence the chance for his application to go along with the mother. If I am correct?

Please can you throw more light on this.
Thank you

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zimba
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Re: ILR

Post by zimba » Tue Dec 03, 2024 12:15 am

You do not need to link anything. UKVI knows what they are doing
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Bale24
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Re: ILR

Post by Bale24 » Tue Dec 03, 2024 8:23 am

Good morning. If I understand you, so he will apply using a separate Set(O) as a dependant child based on my skilled worker visa just as the mother and His other siblings have done and UKVI will be able to knownthat the mum application is with them. Am just a little bit curious to know the principles , please of your response could be expantiated a bit more.

Thank you

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zimba
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Re: ILR

Post by zimba » Tue Dec 03, 2024 4:04 pm

UKVI has all the details on their systems. They know the parents have applied and they know the rules. Just apply for the adult dependant on a separate SET(O)
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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