ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

ILR Application, Needless UK Re-entry Stamp May Confuse Immigration Officer

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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

Post Reply
paradoxical
Member
Posts: 173
Joined: Mon Apr 25, 2016 9:28 pm
Mood:
Pakistan

ILR for PBS dependant, 11 months continuous absence abroad..

Post by paradoxical » Wed May 05, 2021 9:18 am

Hi all, I have 2 questions and I'd be grateful if anyone can look through our case and answer please..

Wife and Son (born abroad) got new PBS dependant visa in May 2016 and entered UK on 14 June. I was on Tier 2 visa at the time. They stayed with me for 2 months and then left UK. There was a long gap of ~11 months and both wife and son came back to UK in July 2017. Since then, they have been here and there aren't any long gaps outside UK (only one trip abroad for 6 weeks).

I got my ILR in July 2017 on the basis of 5 years of being on Tier 2, and my wife and son extended their PBS dependant visa in July 2018 for another 3 years (during the extension time, I was on ILR). I am now a British citizen.

My 2 questions:

Based on my understanding, I can proceed and apply for ILR for my wife and son next month (June 2021) and the long gap of 11 months doesn't matter, as this was before the stay requirements for PBS dependants were introduced. Is that correct?

For applying for ILR, how do we calculate the start of the 5 years residency? Would it be (in the case of PBS dependants) from the date of entry into the UK or the date of visa issue?

User avatar
Zimba
Moderator
Posts: 14725
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: ILR for PBS dependant, 11 months continuous absence abroad..

Post by Zimba » Wed May 05, 2021 10:48 am

Your understanding is correct. For ILR qualifying period, use visa issue date
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

paradoxical
Member
Posts: 173
Joined: Mon Apr 25, 2016 9:28 pm
Mood:
Pakistan

Re: ILR for PBS dependant, 11 months continuous absence abroad..

Post by paradoxical » Wed May 05, 2021 11:09 am

Thank you Zimba.
Just to confirm, for ILR qualifying period for PBS dependant, I can use the visa issue date and can I also apply 28 days before the qualifying period?

User avatar
Zimba
Moderator
Posts: 14725
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: ILR for PBS dependant, 11 months continuous absence abroad..

Post by Zimba » Wed May 05, 2021 11:30 am

Yes use visa issue date
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

paradoxical
Member
Posts: 173
Joined: Mon Apr 25, 2016 9:28 pm
Mood:
Pakistan

Re: ILR for PBS dependant, 11 months continuous absence abroad..

Post by paradoxical » Wed May 05, 2021 12:43 pm

I have been checking the form and I have two more queries.
In the online application (SET-O), there is a finance section that asks:

Do you or anyone else who is part of this application receive any public funds?

This application is for my wife and son who are on Tier 2 dependant visa. However, during the application, it had asked for my details as well (so presumably I am part of this application. Also the application form, underneath this question about public fund states:
Include details for your partner or child if you have one. Examples of public funds include Income Support, Child Benefit, Housing Benefit, Council Tax Benefit, Carer’s Allowance and Disability Living Allowance.

Query 1:
I receive Child Benefit. According to my understanding, I (as British Citizen) can receive child benefit and it will not have any bearing on my wife's application. Is that correct?

Query 2:
Should I be declaring it here (it further asks for bank statement to show that I am receiving that benefit, and for me to provide that, I will have to sign an additional form to confirm that I am happy to share my financial information since I am not the visa applicant)...

User avatar
CR001
Moderator
Posts: 79050
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: ILR for PBS dependant, 11 months continuous absence abroad..

Post by CR001 » Wed May 05, 2021 12:47 pm

You are NOT part of the application.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

paradoxical
Member
Posts: 173
Joined: Mon Apr 25, 2016 9:28 pm
Mood:
Pakistan

Re: ILR for PBS dependant, 11 months continuous absence abroad..

Post by paradoxical » Wed May 05, 2021 12:53 pm

Thank you CR001, that makes things simple. While waiting for a reply, I found similar posts by previous members.

paradoxical
Member
Posts: 173
Joined: Mon Apr 25, 2016 9:28 pm
Mood:
Pakistan

Re: ILR for PBS dependant, 11 months continuous absence abroad..

Post by paradoxical » Wed May 05, 2021 12:58 pm

Presumably, the confusion is because during the application, there was a section about myself (the main sponsor) and it made me wonder if that makes me "part" of the application..

If only, the application form had replaced "part of the application" with "an applicant", there wouldn't have been confusion.. "Do you or anyone else who is an applicant receive any public funds?

The application fee is massive and it would be terrible if an application is rejected because someone misunderstood the question...

paradoxical
Member
Posts: 173
Joined: Mon Apr 25, 2016 9:28 pm
Mood:
Pakistan

Re: ILR for PBS dependant, 11 months continuous absence abroad..

Post by paradoxical » Wed May 05, 2021 1:31 pm

Hi CR001,

In a very similar question posted before in this post

indefinite-leave-to-remain/set-o-depend ... 71504.html

You had advised that we should provide details. I understand that, that post is over 2 years old now. However, the wordings in the online form are exactly the same.
Can you please, if possible, check that post again and advise if your current advice should supersede that..

User avatar
Zimba
Moderator
Posts: 14725
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: ILR for PBS dependant, 11 months continuous absence abroad..

Post by Zimba » Wed May 05, 2021 4:28 pm

paradoxical wrote:
Wed May 05, 2021 1:31 pm
Hi CR001,

In a very similar question posted before in this post

indefinite-leave-to-remain/set-o-depend ... 71504.html

You had advised that we should provide details. I understand that, that post is over 2 years old now. However, the wordings in the online form are exactly the same.
Can you please, if possible, check that post again and advise if your current advice should supersede that..
You are NOT part of that application. You have been advised correctly. Including the details of you will not change anything.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

paradoxical
Member
Posts: 173
Joined: Mon Apr 25, 2016 9:28 pm
Mood:
Pakistan

Cohabitation Documents for ILR

Post by paradoxical » Thu May 06, 2021 12:34 pm

Hi all, I am due to apply for my wife and son for ILR (PBS dependants). My query is regarding the cohabitation documents I need to submit to support wife's application. We are applying on the basis of 5 years of residency but I see from the advice here that we need to provide proof of cohabitation for 2 years only. Is that correct?

For cohabitation documents, if there are no letters that have both myself and wife's name, then should I be providing a letter addressed to me and then a different letter addressed to wife (where the address would obviously match) ? (I am not part of the application)..

User avatar
CULLINAN
Respected Guru
Posts: 11096
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Cohabitation Documents for ILR

Post by CULLINAN » Fri May 07, 2021 3:27 am

paradoxical wrote:
Thu May 06, 2021 12:34 pm
Hi all, I am due to apply for my wife and son for ILR (PBS dependants). My query is regarding the cohabitation documents I need to submit to support wife's application. We are applying on the basis of 5 years of residency but I see from the advice here that we need to provide proof of cohabitation for 2 years only. Is that correct?

For cohabitation documents, if there are no letters that have both myself and wife's name, then should I be providing a letter addressed to me and then a different letter addressed to wife (where the address would obviously match) ? (I am not part of the application)..
1) Correct
2) Yes
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

paradoxical
Member
Posts: 173
Joined: Mon Apr 25, 2016 9:28 pm
Mood:
Pakistan

Re: Cohabitation Documents for ILR

Post by paradoxical » Fri May 07, 2021 12:04 pm

Thank you :)

paradoxical
Member
Posts: 173
Joined: Mon Apr 25, 2016 9:28 pm
Mood:
Pakistan

ILR Application, Needless UK Re-entry Stamp May Confuse Immigration Officer

Post by paradoxical » Thu May 27, 2021 6:34 pm

I am due to apply for ILR Set O for my wife and son (PBS Dependant Route). I have filled the application, and I have paid the fee for 5-day priority service but I am yet to find an appointment to book.
I have another question though, that is worrying me and I wanted to know the opinion of experts here..It's to do with absences from the UK...

In December last year (2020), we were planning to go to our home country. We flew from within UK to London Heathrow (first leg of the journey) and then, we were due to fly from London Heathrow (we had our boarding passes). We waited at the departure gate, and it turned out that several countries had banned travel from UK and a very large number of people were stopped at the departure gate and not allowed to board. It was a complete mess on the part of the airline (we shouldn't have been issued boarding passes or allowed to travel at all but it was all unclear and many passengers were stopped at the departure gate). I know this is all not relevant to immigration law but here is the part that worries me now...When this happened, the airline took us back and we were flown back to our city of origin. But because of how the airport layout is organized, and as we had reached the departure gate, we had to get back through the immigration counter. I have a British passport so it was just fine, I scanned and came through. But for my wife and son (who are now going to apply for ILR), they had a re-entry to UK stamp dated December 2020. My only concern is that the immigration officer may see this and be left scratching his/her head as to why do they have a UK entry stamp when they do not have any entry to another country dated earlier, and this confusion may make the officer put our application on the side for further checks etc. thereby delaying the whole application. I thought I will have an additional section in the visa application form where I could provide some context as to why there is the entry stamp. However, there was no such section in the online application.
Do you think it would be worth uploading a separate document explaining this when I upload other supporting documents (assuming this is allowed), or am I am over-analysing and I have nothing to worry.... Is there anything I could do to ensure that this point does not lead to confusion and unnecessary delay?

User avatar
CULLINAN
Respected Guru
Posts: 11096
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: ILR Application, Needless UK Re-entry Stamp May Confuse Immigration Officer

Post by CULLINAN » Fri May 28, 2021 12:44 am

You can always add a short note in the cover letter for your peace of mind and upload with other documents before biometrics.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

Post Reply
cron