ILR after Visa switch

heisemadhura · Post by **heisemadhura** » Tue Apr 23, 2024 6:12 pm

Hi,

I am hoping you can help me with some clarity on this.

My wife now has ILR (she had a Tier 2 General and completed 5 years).

I have my own Tier 2 Skilled worker Visa and will be eligible for ILR in Dec 2024 as per the Long residence route (I will complete 10 years in the country in Dec 2024 as I was on ICT for the first few years).

My daughter (12 years old - and is a dependent on me) will only complete 10 years in the country in March 2025.

1) Will my daughter be eligible for ILR in Dec 2024 as both her parent will either already have ILR or are eligible for ILR? (inspite of my daughter not having completed 10 years in the country)

2) If no, is it ok for me to go ahead and apply for my ILR in Dec 2024 (as soon as I complete 10 years) while my daughter stays on a Tier 2 dependent (on me)? Will there be any travel restriction / any other implications if we do this?
OR is it better for me and my daughter to apply together in Mar 2025 (when she too will have completed 10 years)?

Looking for your kind guidance.

Kind regards,

Post by **zimba** » Tue Apr 23, 2024 6:24 pm

Children do not have a min residence requirement and can settle when both parents settle. You apply using SET(LR) and after your ILR is granted, you will apply for the child using form SET(F). The child can stay under the current visa until expiry without any issues, regardless of your status.

heisemadhura · Post by **heisemadhura** » Tue Apr 23, 2024 7:18 pm

Thanks a lot for this Zimba.

heisemadhura · Post by **heisemadhura** » Mon Apr 29, 2024 9:28 am

Hi,

Can you please guide me on this?

I have been in the UK for about 9.5 years - first 4.5 years on a Tier 2 ICT Dependent Visa and the last 5 years on a Tier 2 General / Skilled Worker Visa.
I first entered the UK on 21 Mar 2015 (as Tier 2 ICT Dependent) and then during a quick trip to India transitioned to Tier 2 General and re-entered on 31 May 2019.

I will soon be eligible for ILR (As will complete 5 years on Tier 2 General / Skilled worker).

Q1) When I submit the documents - I assume I will only need all documents for the last 5 years (i.e. Passports for last 5 years, Table of Absences for last 5 years etc...)? Or will I need all documents for the last 9.5 years?

Q2) If all 9.5 years - some of the absences were before I joined my job so wont have my employer mention on the letter? Is that ok? and will I need to mention these absences on the form?

Q3) When I fill the form - what date should I enter as first date of entry? 31 May 2019 or 21 Mar 2015?

Q4) The Dates on my Tier 2 General Visa (Stamp in my passport) are 25May2019 to 24Jun2019 - while the date on my first BRP was 06Jun2019 to 14Jun2022. And I entered UK (using my Tier 2 General Visa) on 31May2019. Which date is key for the ILR eligibility? 25May2019, 06Jun2019 or 31May2019?

Thanks for your help and guidance.

Post by **zimba** » Mon Apr 29, 2024 12:39 pm

Are you applying under the long residence or skilled worker route ?? Under the long residence your employment is irrelevant

heisemadhura · Post by **heisemadhura** » Mon Apr 29, 2024 12:45 pm

Sorry. Above Qs are for my wife who is applying through the 5 years skilled worker route.
Apologies for the confusion. (I myself will apply via long residence route).

Appreciate your guidance on above Qs.

Kind regards

Post by **zimba** » Mon Apr 29, 2024 1:25 pm

heisemadhura wrote: ↑
Mon Apr 29, 2024 9:28 am
Hi,

Can you please guide me on this?

I have been in the UK for about 9.5 years - first 4.5 years on a Tier 2 ICT Dependent Visa and the last 5 years on a Tier 2 General / Skilled Worker Visa.
I first entered the UK on 21 Mar 2015 (as Tier 2 ICT Dependent) and then during a quick trip to India transitioned to Tier 2 General and re-entered on 31 May 2019.

I will soon be eligible for ILR (As will complete 5 years on Tier 2 General / Skilled worker).

Q1) When I submit the documents - I assume I will only need all documents for the last 5 years (i.e. Passports for last 5 years, Table of Absences for last 5 years etc...)? Or will I need all documents for the last 9.5 years?

Q2) If all 9.5 years - some of the absences were before I joined my job so wont have my employer mention on the letter? Is that ok? and will I need to mention these absences on the form?

Q3) When I fill the form - what date should I enter as first date of entry? 31 May 2019 or 21 Mar 2015?

Q4) The Dates on my Tier 2 General Visa (Stamp in my passport) are 25May2019 to 24Jun2019 - while the date on my first BRP was 06Jun2019 to 14Jun2022. And I entered UK (using my Tier 2 General Visa) on 31May2019. Which date is key for the ILR eligibility? 25May2019, 06Jun2019 or 31May2019?

Thanks for your help and guidance.

1. Documents only need to cover the last 5 years
2. Only the last 5 years. See: All you need to know about the sponsor letter for Skilled Worker route
3. That date does not matter for ILR. Enter the first date she entered the UK

heisemadhura · Post by **heisemadhura** » Mon Apr 29, 2024 4:27 pm

Thanks Zimba.

Could you please also help with the final Q:
Q4) The Dates on her Tier 2 General Visa (Stamp in the passport) are 25May2019 to 24Jun2019 - while the date on the first BRP was 06Jun2019 to 14Jun2022. And she entered UK (using the Tier 2 General Visa) on 31May2019. Which date is key for the ILR eligibility? 25May2019, 06Jun2019 or 31May2019?

Kind regards,

Post by **zimba** » Mon Apr 29, 2024 4:43 pm

The earliest date

heisemadhura · Post by **heisemadhura** » Mon Apr 29, 2024 9:43 pm

Thanks Zimba! So 25May2019? But she hadn’t even entered the UK at that time? She only entered on 31May2019.

Kind regards,

Post by **zimba** » Mon Apr 29, 2024 10:42 pm

Date of entry is irrelevant

heisemadhura · Post by **heisemadhura** » Fri May 17, 2024 7:11 pm

zimba wrote: ↑
Mon Apr 29, 2024 10:42 pm
Date of entry is irrelevant

Hi,
Is it mandatory to mention the SOC Code in the Employer Letter for ILR (Skilled Worker)? The employer hasn’t included the SOC.

Kind regards,

heisemadhura · Post by **heisemadhura** » Fri May 17, 2024 9:46 pm

This is what the employer letter says:

"We write in relation to xxxxxx, who has been employed with us continuously since xxxx on Tier 2 General / Skilled Worker Visa as a ZZZ.
ABC is an A-rated sponsor with a Skilled Worker sponsor licence. Our sponsor licence number is XYZ.
xxxxx is currently contracted to work as a full time ZZZ and their current salary is xyz per annum for working xyz hours per week. Their gross salary is above the required minimum salary. We confirm that we will continue to pay them the current salary for the foreseeable future.
We confirm that xxxx is still needed for this role and their employment with us will continue for the foreseeable future.
xxxx was away from the UK from xx until yy. We confirm that they were on annual paid leave during this absence.
Should you have any queries or require any further information in relation to xxx’s employment, please do not hesitate to contact the undersigned."

It says everything except mentioning the SOC code - can you please confirm that this will be ok?

Kind regards,

Post by **zimba** » Sat May 18, 2024 2:28 am

No. Did you read what I posted above ??
See: All you need to know about the sponsor letter for Skilled Worker route

heisemadhura · Post by **heisemadhura** » Sat May 18, 2024 6:32 am

Hi Zimba,
Are you saying that the SOC code is needed to be mentioned in the Employer letter (this is for my wife who is applying for ILR after having completed 5 years on Tier 2 General / Skilled Worker).
I did read the link you shared but it does not reference calling out the SOC Code in the letter.

Could you please clarify as we have already submitted the application and the Biometric appointment is on Wednesday.
Thanks a lot for your help.

Kind regards,

Post by **zimba** » Sat May 18, 2024 8:13 pm

heisemadhura wrote: ↑
Sat May 18, 2024 6:32 am
Hi Zimba,
Are you saying that the SOC code is needed to be mentioned in the Employer letter (this is for my wife who is applying for ILR after having completed 5 years on Tier 2 General / Skilled Worker).
I did read the link you shared but it does not reference calling out the SOC Code in the letter.

Could you please clarify as we have already submitted the application and the Biometric appointment is on Wednesday.
Thanks a lot for your help.

Kind regards,

NO ! There is no need to mention SOC. Everything is explained in that link on what is needed !

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