CoS, BRP & ILR during Covid - Help please

Hello,

My wife is on Tier 2 General 5 yrs route with below details:
- Visa start = 17-Nov-15
- Entry Clearance = 22-Nov-15
- CoS expiry = 25-Nov-20
- BRP end = 17-Dec-20

I & kids were on ICT route & we have switched over to become her dependants in Dec'19 and then unfortunately this covid came.

It would be really helpful if the gurus can help me with below queries as I am mentaly worn out & really trust this forum a lot.

1. For ILR online application submission, is it correct that it could be 28 days before the end of 5th anniversary from visa start (& not entry clearance)? hence we can apply on/after (5th anniversary[=16-Nov-20] - 28 days) = 19-Oct-20 ?

2. I have read that UKVCAS has yet not opened priority / super-priority route & if our application is considered as a standard application (6 months decision route) and we apply on 19-Oct-20, what would happen wrt brp & CoS.

a) Since CoS expiry is 25-Nov-20 & lets suppose decision is not obtained by that date, will she continue to work on previous CoS or does she require new CoS afterwards?

b) do you suggest to obtain new CoS (for 6th year) earlier and then apply for ILR?

c) if a decision is not obtained until the current BRP end date (17-Dec'20), will we be considered as 'overstay'.

3. Let's suppose if you suggest obtaining a new CoS, then will the main applicant & dependants need to apply for a visa first and post that she can only apply for ILR?

4. I have 2 kids out of which the younger one is born in the UK. We obtained Indian citizenship & tier 2 dependant visa (we are all tagged to wife's visa) since we went to India last year.

a) Will the younger one be applicable for ILR along with my wife once she applies for ILR?

b) Will the younger one be applicable for citizenship along with my wife once she applies for citizenship?

c) OR the younger one also needs to serve 5 years as a dependant along with the elder one.

I will be really grateful if you can help please.

Thanks

1. For ILR online application submission, is it correct that it could be 28 days before the end of 5th anniversary from visa start (& not entry clearance)? hence we can apply on/after (5th anniversary[=16-Nov-20] - 28 days) = 19-Oct-20 ?

Yes.

2. I have read that UKVCAS has yet not opened priority / super-priority route & if our application is considered as a standard application (6 months decision route) and we apply on 19-Oct-20, what would happen wrt brp & CoS.

Existing visa conditions continue while an application is pending under Section 3C of the Immigration Rules.

a) Since CoS expiry is 25-Nov-20 & lets suppose decision is not obtained by that date, will she continue to work on previous CoS or does she require new CoS afterwards?

CoS expiry is irrelevant. It is the visa expiry date that is relevant. No new CoS required.

b) do you suggest to obtain new CoS (for 6th year) earlier and then apply for ILR?

No.

c) if a decision is not obtained until the current BRP end date (17-Dec'20), will we be considered as 'overstay'.

No!

3. Let's suppose if you suggest obtaining a new CoS, then will the main applicant & dependants need to apply for a visa first and post that she can only apply for ILR?

No. Dependents simply need to apply to extend their visa before expiry date. A CoS is not required for dependents extension.

4. I have 2 kids out of which the younger one is born in the UK. We obtained Indian citizenship & tier 2 dependant visa (we are all tagged to wife's visa) since we went to India last year.

a) Will the younger one be applicable for ILR along with my wife once she applies for ILR?

The UK born child will be entitled to apply to register as British once EITHER parent is granted ILR. Child does not need ILR.

b) Will the younger one be applicable for citizenship along with my wife once she applies for citizenship?

The UK born child will be entitled to apply to register as British once EITHER parent is granted ILR. Child does not need ILR.

c) OR the younger one also needs to serve 5 years as a dependant along with the elder one.

No.

Many Many Thanks CR001 - you guys are just brilliant!!

Just couple of things again to clarify:

2. I have read that UKVCAS has yet not opened priority / super-priority route & if our application is considered as a standard application (6 months decision route) and we apply on 19-Oct-20, what would happen wrt brp & CoS.

Existing visa conditions continue while an application is pending under Section 3C of the Immigration Rules.

As I understand - if ILR online application is submitted before visa/BRP expiry, then that is considered in time application & section 3c extends leave until application is decided AND this time period could be after existing BRP END Date?

a) Since CoS expiry is 25-Nov-20 & lets suppose decision is not obtained by that date, will she continue to work on previous CoS or does she require new CoS afterwards?

CoS expiry is irrelevant. It is the visa expiry date that is relevant. No new CoS required.

will the employer continue to employ her since as per their records, CoS has ended? Will she need to provide any proof? Will they be ok if it takes more than BRP expiry timeline?

3. Let's suppose if you suggest obtaining a new CoS, then will the main applicant & dependants need to apply for a visa first and post that she can only apply for ILR?

No. Dependents simply need to apply to extend their visa before expiry date. A CoS is not required for dependents extension.
so does this mean that the dependants can also apply along with ILR application since dependants current visa expiry dates are tagged with the main applicant?

Once again - Many Thanks

2. I have read that UKVCAS has yet not opened priority / super-priority route & if our application is considered as a standard application (6 months decision route) and we apply on 19-Oct-20, what would happen wrt brp & CoS.

Existing visa conditions continue while an application is pending under Section 3C of the Immigration Rules.

As I understand - if ILR online application is submitted before visa/BRP expiry, then that is considered in time application & section 3c extends leave until application is decided AND this time period could be after existing BRP END Date?

Yes.

a) Since CoS expiry is 25-Nov-20 & lets suppose decision is not obtained by that date, will she continue to work on previous CoS or does she require new CoS afterwards?

CoS expiry is irrelevant. It is the visa expiry date that is relevant. No new CoS required.

will the employer continue to employ her since as per their records, CoS has ended? Will she need to provide any proof? Will they be ok if it takes more than BRP expiry timeline?

There is no reason why she cannot be employed after applying. She will also need an employer letter stating she is required for the foreseeable future that must be submitted with her application.

3. Let's suppose if you suggest obtaining a new CoS, then will the main applicant & dependants need to apply for a visa first and post that she can only apply for ILR?

No. Dependents simply need to apply to extend their visa before expiry date. A CoS is not required for dependents extension.
so does this mean that the dependants can also apply along with ILR application since dependants current visa expiry dates are tagged with the main applicant?

Yes, separate applications. If the ILR fails, the extension will also fail and fees will be lost.

Many Thanks

Last question - so total 4 applications:

1. Wife (main applicant ILR) - set o = 1 application
2. Dependants ( myself, 2 kids) = 3 PBS dependant applications

Tanush01 wrote: ↑

Tue Sep 08, 2020 2:57 pm

Many Thanks

Last question - so total 4 applications:

1. Wife (main applicant ILR) - set o = 1 application
2. Dependants ( myself, 2 kids) = 3 PBS dependant applications

Yes. Note also that IHS is increasing in October from £400 per year to £625 per adult and £470 per child. Their extension will be for 3 years.

Many Thanks CR001 for all the replies.

Just one thing probably that has just trigger in mind is what is considered as "application submission" - is this online application submission date or once we submitted biometrics?
The reason is there any risk if biometrics are not done before BRP expiry date due to covid, does again is there any risk being classified as overstay

The date of application is the date you submit and pay online and NOT the biometric appointment date.