BRP Expiry before ILR Date

Hi All,

I am on T2 general visa and eligible to apply for ILR from August of this year. My employer-sponsored my visa in 2017 and I have been with the same employer since then.

I needed some help regarding specific questions in the application form, could you please guide me -

" Have you previously been granted leave to remain under Tier 2 (General) as a doctor, dentist, nurse or midwife, and passed an English Language assessment accepted by the relevant regulated professional body as a requirement for registration?"


1. i am not from the medical profession, but I was required to submit a certificate from IELTS in 2017.
For this question, I will answer NO. ( please confirm)

2. I was hoping to provide the IELTS SELT certificate that was used for my original T2 application in 2017 even though it has now expired. I saw in some posts that it is acceptable, as long as the provider is still recognize and was previously considered by the UKVI . Kindly confirm on this. ( i am applying as a software developer)


"Do you have any Home Office reference numbers?"


3. Should i quote the reference number that was issued when applying for the original T2 visa?
4. Before this T2 general i has a T2 dependent visa as well. so please confirm if this will it be the same for a applicant across multiple visa categories they have been on.
5. what will be the format of this reference number please?

Hi All,

this post is very useful. My company HR seem pretty new to dealing with UKVI. I am in a similar situation. to help my HR and myself, can you please guide me on
1. is there any sample format for an employment letter, please. and any guidance ( such as it needs to be on letterhead, who should sign etc)
2. what is an absence letter, and is there any example.

thank you in advance,
Ganesh

ganeshb5u wrote: ↑

Thu Jun 09, 2022 9:50 am

Hi All,

this post is very useful. My company HR seem pretty new to dealing with UKVI. I am in a similar situation. to help my HR and myself, can you please guide me on
1. is there any sample format for an employment letter, please. and any guidance ( such as it needs to be on letterhead, who should sign etc)
2. what is an absence letter, and is there any example.

thank you in advance,
Ganesh

DO not tag your questions on other topics. This has been covered many times: indefinite-leave-to-remain/tier-2-set-o ... l#p2027888

This is ONLY required for main applicants NOT dependant visa holders

ganeshb5u wrote: ↑

Thu Jun 09, 2022 9:43 am

Hi All,

I am on T2 general visa and eligible to apply for ILR from August of this year. My employer-sponsored my visa in 2017 and I have been with the same employer since then.

I needed some help regarding specific questions in the application form, could you please guide me -

" Have you previously been granted leave to remain under Tier 2 (General) as a doctor, dentist, nurse or midwife, and passed an English Language assessment accepted by the relevant regulated professional body as a requirement for registration?"


1. i am not from the medical profession, but I was required to submit a certificate from IELTS in 2017.
For this question, I will answer NO. ( please confirm)

2. I was hoping to provide the IELTS SELT certificate that was used for my original T2 application in 2017 even though it has now expired. I saw in some posts that it is acceptable, as long as the provider is still recognize and was previously considered by the UKVI . Kindly confirm on this. ( i am applying as a software developer)


"Do you have any Home Office reference numbers?"


3. Should i quote the reference number that was issued when applying for the original T2 visa?
4. Before this T2 general i has a T2 dependent visa as well. so please confirm if this will it be the same for a applicant across multiple visa categories they have been on.
5. what will be the format of this reference number please?

You can use the old IELTS. Ignore the home office reference and answer NO

thank you so much for this advice. really helpful.

need a few more clarifications to be certain that, i am not making any mistakes with my application.
I came to UK on T2 ICT dependent from 2015 to 2017. in 2017 left UK to get my T2 General came back ( with job offer)

for the below questions

"When did you first enter the UK?
This is the date you entered the UK when the period of stay you are basing this application on started.
"
1. please confirm i should enter 2017 date, and not 2015 ?

Since you first entered the UK, have you had any absences from the UK?

2. Again should i just mark all the absences from 2017 Only?

3.
Lastly, where it says countries you have "lived in". I have been on 4 month visit to USA prior to 2015 ( not for work ) , so i think that will not qualify as "living". please confirm that there is no need to declare this.

really appreciate all the support here.

The date you entered is in 2015. You only need to declare absence sin the last 5 years. Living does not mean visiting, that one is quite obvious

Hi All,

Sorry to post this question again, but I am getting slightly advise from a immigration attorney

I am on Dependent visa of a T2 Skilled worker ( who got ILR Recently).
My BRP start date is 20/11/2017
BRP Expiry date 15/10/2022
ILR application eligibility date 22/10/2022

So the BRP/Visa expires 1 week before i can make ILR application.

My Options
1. Suggested in one of the threads -- Apply for ILR on the 15th, but ensure that biometrics is after the 22nd. and the period from 15th to 22nd will count as legal stay

2. Suggested by an attorney - Apply for an extension of LTR for 6 months or 1 year before the 15th ( pay the visa fee and NHS surcharge ), Then on 22nd apply for ILR and mention that there is a existing application with the Home office. the attorney mentioned i will be able to get a refund of visa fee within 1 week but was not sure of the NHS surcharge.

can you please advice on which option to go for please ?

Topics Merged!!

The advice you have been given on the forum is correct and many have done this. You are overthinking and your solicitor giving you misleading advice.

Hi
Thank you for clarifying my main concern is the below guidance -

When to apply
The earliest you can apply is 28 days before you’ve been on a qualifying visa in the UK for 5 years. Check which visas count towards your time in the UK. Your application may be refused if you apply earlier.

The Experience with UKVI so far has not been good. For instance, my wife submitted an expired English Lang certificate used for her visa 5 years ago. their guidance clearly says it is acceptable. But the case worker asked to appear for the test again and submit a new one.

So I am almost leaning towards applying for an extension and then modifying that application after 1 week to a ILR application. Could you please advise if there is any downside of this option?. I understand it is more admin work. but key question is will get my visa fee and NHS surcharge refund?
Also, are there different English language requirements for visa extension applications vs ILR?

There is and was no English requirement for a PBS dependent visa.

So if you submitted an expired test for ilr that was irrelevant and not required for an application for a PBS dependent 5 years ago, the error is yours and not ukvi.

Hi Sorry for the confusion. I was just quoting an example where the UKVI is not going through their own guidance. This request for a new English language certificate was for the main applicant(my wife) , not for the Dependent(me).

Going back to the original question, could you please suggest if there is any downside to first applying for a Visa extension ( as a dependent of ILR ) and then 1 week later requesting for a variation of this application to ILR based on 5 years of residence? will I get my money back? . How can i go about doing this please.

ganeshb5u wrote: ↑

Wed Sep 21, 2022 11:10 am

Hi Sorry for the confusion. I was just quoting an example where the UKVI is not going through their own guidance. This request for a new English language certificate was for the main applicant(my wife) , not for the Dependent(me).

Going back to the original question, could you please suggest if there is any downside to first applying for a Visa extension ( as a dependent of ILR ) and then 1 week later requesting for a variation of this application to ILR based on 5 years of residence? will I get my money back? . How can i go about doing this please.

You've been advised on the best way to go about it. But of course you're free to pursue your own path.
The down side to doing that (visa extension) would be that you have no idea when you'd get your money back.

Hi, thank you so much for the guidances and heads up regarding delays to get refund.

some final questions please , kindly advise if I am surely eligible for both visa fee and NHS surcharge refund ( albeit with delays ) ? Is refund process automatic if I apply for ILR referencing my existing UKVI application or is there a process to claim this?

Hi All,
I am planning to apply for T2 dependent Visa , only to withdraw this after 1 week and apply for ILR
Could anyone who has done this before please advise how i can claim for refund, firstly am i elegible for refund?
I do understand this might be a bit of an overkill, but i absolutely cnt take any chances with my employer.

regards and thank you in advance,
Ganesh

I think it will be UKVI that will decide if you get a refund or not. If your employer doesn't want to take any chances that means you might lose the NHS surcharge. It's hard to provide a guarantee of what will happen for individual cases.

ganeshb5u wrote: ↑

Thu Oct 06, 2022 6:00 pm

Hi All,
I am planning to apply for T2 dependent Visa , only to withdraw this after 1 week and apply for ILR
Could anyone who has done this before please advise how i can claim for refund, firstly am i elegible for refund?
I do understand this might be a bit of an overkill, but i absolutely cnt take any chances with my employer.

regards and thank you in advance,
Ganesh

I suggest against this. No need for two applications: indefinite-leave-to-remain/dependent-el ... l#p2072912