My upcoming ILR Application

benhuang · Post by **benhuang** » Sun Nov 22, 2020 5:46 pm

Dear Board members/ Senior members,

Good evening!

Regarding my upcoming ILR application, i have 2 questions to ask:

1.I remember when I applied for Tier 1 extension, I uploaded all the relevant documents to UKVCAS website. For ILR application, do i still use the same account or i have to create a separate accounts for uploading of documents?

2.My biz has claimed the furloughed subsidies from 15/3/2020 to 30/6/2020, i heard the period of furlough does not count towards the employment of 2 full time staff for 12 months period. I plan to submit my ILR application on 10/12/2020, the payslips and FPS documents that I would submit is Jan 2020 to December 2020 if I did not claim furlough subsidies. With the furlough subsidies being claimed from 15/3/2020 to 30/6/2020 (3.5 months), do I therefore need to add another 4 months payslips and FPS documents? i.e payslips from Sept2019 to Dec 2019 + payslips Jan2020 to Dec 2020 ??

Please advise.

Thank you.

Kind regards

Ben

CULLINAN · Post by **CULLINAN** » Sun Nov 22, 2020 6:15 pm

1) Same process. You will be able to sync your UKVI application with UKVCAS account AFTER you pay and submit.

2) The requirement seems to be changed.
Read Page 91:
https://assets.publishing.service.gov.u ... gov-uk.pdf

CULLINAN · Post by **CULLINAN** » Sun Nov 22, 2020 8:21 pm

Also, note you can only claim employment for ILR AFTER extension approval unless you fall under the exception rule.

What is your extension date?

benhuang · Post by **benhuang** » Sun Nov 22, 2020 11:04 pm

Dear Culliman,

Thank you for your prompt reply.

For Question #2, it looks like the rule has changed on 5/11/2020, so now they allowed the furloughed period to count towards the 12 months period provided the staff is paid at 80% of the salary, correct ? If i am correct, then I just need to provide HO with payslips and FPS for Jan 2020 to Dec 2020. Please confirm !

My last extension was granted on 12/6/2019 (as stated on the BRP) and my upcoming 5 year anniversary falls on 7/1/2021. I will apply tentatively on 10/12/2020 (within 28 days of the 5 years anniversary).

In my case, I think the exception rule do not apply to me as my last grant of leave (12/6/2019) is more than 12 months leading up to the next extension date (7/1/2021). Correct ?

Thank you

Kind regards

Ben

CULLINAN · Post by **CULLINAN** » Sun Nov 22, 2020 11:06 pm

benhuang wrote: ↑
Sun Nov 22, 2020 11:04 pm
Dear Culliman,

Thank you for your prompt reply.

For Question #2, it looks like the rule has changed on 5/11/2020, so now they allowed the furloughed period to count towards the 12 months period provided the staff is paid at 80% of the salary, correct ? If i am correct, then I just need to provide HO with payslips and FPS for Jan 2020 to Dec 2020. Please confirm !
Correct. As long 80% is paid you can rely on furlough payslips. Do mention this guidance in the cover letter

My last extension was granted on 12/6/2019 (as stated on the BRP) and my upcoming 5 year anniversary falls on 7/1/2021. I will apply tentatively on 10/12/2020 (within 28 days of the 5 years anniversary).
Correct, you can claim only after 12/6/2019

In my case, I think the exception rule do not apply to me as my last grant of leave (12/6/2019) is more than 12 months leading up to the next extension date (7/1/2021). Correct ?
Correct

Thank you

Kind regards

Ben

CULLINAN · Post by **CULLINAN** » Sun Nov 22, 2020 11:09 pm

Do you have any employment after 12th June 2019 - Dec 2019? You can claim for that also. If you have I would advise you to top up extra 4 months anyways as the corona rule is very new. If you dont have, then dont worry, you can simply rely on furlough slips as per the guidance.

benhuang · Post by **benhuang** » Sat Nov 28, 2020 4:32 pm

CULLINAN wrote: ↑
Sun Nov 22, 2020 11:09 pm
Do you have any employment after 12th June 2019 - Dec 2019? You can claim for that also. If you have I would advise you to top up extra 4 months anyways as the corona rule is very new. If you dont have, then dont worry, you can simply rely on furlough slips as per the guidance.

Dear Cullinan,

Thank you for your further comments.

Yes, We have full employment for 2 full time employees during this period 12 June 2019 to Dec2019 and continue until today. In fact the 2 employees have been with us since we started the Tier 1 biz in Oct 2017.

Since i have the full time employment for the said period, I would also agree with you that I should submit payslips for the period from June2019 to Dec2019 (7 months)+ Jan2020 to Dec2020 (12 months), 19 months altogether. Please confirm my understanding is correct.

Filling up Form O
I want to start the process of filling up Form O for ILR application. If my target date of submission and payment is on 10/12/2020 (5 year anniversary date is 7/1/2021), can I start filling up Form O now? If I start the process and do not submit the Form after a period of time, then will it be purged or I will be barred from doing so again?

Cohabitation documents

1. Bank statement from bank A (Joint name with wife, main applicant) ~ i have monthly statements from 12/6/2019- Nov 2020

2. Bank statement from bank B (sole name each for Wife and me ) ~ i have monthly statements from 12/6/2019- Nov 2020

3.Electricity bill (Joint name with wife) ~ i have quarterly bills from 12/6/2019- Nov 2020

4.Tenancy agreement dated 27/12/2017 (Jointly signed by wife and me) ~ for the period 1/1/2018 to 30/6/2019

5.Tenancy agreement dated 1/7/2019 (Jointly signed by wife and me) ~for the period 1/7/2019 to 30/6/2021

I do not have other cohabitation documents, do you think the above documents are sufficient ?

Please advise.

Thank you.

Kind regards

Ben

CULLINAN · Post by **CULLINAN** » Sat Nov 28, 2020 4:48 pm

benhuang wrote: ↑
Sat Nov 28, 2020 4:32 pm

CULLINAN wrote: ↑
Sun Nov 22, 2020 11:09 pm
Do you have any employment after 12th June 2019 - Dec 2019? You can claim for that also. If you have I would advise you to top up extra 4 months anyways as the corona rule is very new. If you dont have, then dont worry, you can simply rely on furlough slips as per the guidance.
Dear Cullinan,

Thank you for your further comments.

Yes, We have full employment for 2 full time employees during this period 12 June 2019 to Dec2019 and continue until today. In fact the 2 employees have been with us since we started the Tier 1 biz in Oct 2017.

Since i have the full time employment for the said period, I would also agree with you that I should submit payslips for the period from June2019 to Dec2019 (7 months)+ Jan2020 to Dec2020 (12 months), 19 months altogether. Please confirm my understanding is correct.
Although you only need 2 jobs that existed for 12 months after extension, I would advise to top up. You are safe anyways, as just yesterday a user was approved relying on 80% furlough payslips also. Do mention furlough guidance in the cover letter and also explain that you are submitting 19 months already whereas only 12 months are needed. This a suggestion but decision is yours which employment you want to rely on. You are safe anyways

Filling up Form O
I want to start the process of filling up Form O for ILR application. If my target date of submission and payment is on 10/12/2020 (5 year anniversary date is 7/1/2021), can I start filling up Form O now? If I start the process and do not submit the Form after a period of time, then will it be purged or I will be barred from doing so again?
You can start now. Save/edit as many times you like. Make sure you sign back in within 6 weeks. If there is no activity for 6 weeks or so the application can be deleted

Cohabitation documents

1. Bank statement from bank A (Joint name with wife, main applicant) ~ i have monthly statements from 12/6/2019- Nov 2020

2. Bank statement from bank B (sole name each for Wife and me ) ~ i have monthly statements from 12/6/2019- Nov 2020

3.Electricity bill (Joint name with wife) ~ i have quarterly bills from 12/6/2019- Nov 2020

4.Tenancy agreement dated 27/12/2017 (Jointly signed by wife and me) ~ for the period 1/1/2018 to 30/6/2019

5.Tenancy agreement dated 1/7/2019 (Jointly signed by wife and me) ~for the period 1/7/2019 to 30/6/2021

I do not have other cohabitation documents, do you think the above documents are sufficient ?
Just submit the best you can. Add any source you can. The general rule is to submit 2/3 sources at least for each quarter for the last 2 years. I have seen cases successful with less or more documents also

Please advise.

Thank you.

Kind regards

Ben

benhuang · Post by **benhuang** » Mon Nov 30, 2020 8:57 pm

Dear Cullinan,

Thank you for your prompt reply.

I am now in the process of filling up the Set(O) for main applicant. When comes to the absences from the UK section, I think I need to fill up all absences from the UK for the main applicant since the first entry into the UK. Please confirm I am correct.

However, for dependent, for period up to the date the first extension was granted (12/6/2019) (noted there is a change in 180 days absence rule for PBS dependent on 11/1/2018), Can i CONFIRM I do not need to fill up those absences prior to 12/6/2019? as all those absences will be ignored anyway.

Please advise and thank you in anticipation.

Kind regards

Ben

srsw · Post by **srsw** » Mon Nov 30, 2020 10:45 pm

Yes, when you fill the form & add first entry to the UK details under immigration section, the form will ask you to fill the relevant absences.

CULLINAN · Post by **CULLINAN** » Mon Nov 30, 2020 10:47 pm

benhuang wrote: ↑
Mon Nov 30, 2020 8:57 pm
Dear Cullinan,

Thank you for your prompt reply.

I am now in the process of filling up the Set(O) for main applicant. When comes to the absences from the UK section, I think I need to fill up all absences from the UK for the main applicant since the first entry into the UK. Please confirm I am correct.
Absences on Tier 1 route only - 5 years qualifying period

However, for dependent, for period up to the date the first extension was granted (12/6/2019) (noted there is a change in 180 days absence rule for PBS dependent on 11/1/2018), Can i CONFIRM I do not need to fill up those absences prior to 12/6/2019? as all those absences will be ignored anyway.
Correct PBS dep do not have any absence limits on any leave that was granted before 11th Jan 2018 so no need to list either

Please advise and thank you in anticipation.

Kind regards

Ben

benhuang · Post by **benhuang** » Mon Nov 30, 2020 11:22 pm

Dear Cullinan,

I don't quite understand your comment on the main applicant "Absences on Tier 1 route only - 5 years qualifying period". Could you please elaborate a little bit ?

I understood your comment on PBS dependent. So I will list my absences from 12/6/2019 onwards......and do i need to highlight this in the letter bcos of the 11th Jan2018 rule on PBS dependent, i therefore only furnish my absences from 12/6/2019 onwards ?

In both cases, do I list all the absences from most recent and then backwards (i.e descending orders) or from absences in earlier years to the most recent (i.e ascending orders)?

Thank you and very grateful for your advice.

Kind regards

Ben

CULLINAN · Post by **CULLINAN** » Mon Nov 30, 2020 11:33 pm

Are you the main applicant or the dependent??

benhuang · Post by **benhuang** » Tue Dec 01, 2020 1:35 am

Dear Cullinan,

My wife is the main applicant and my 2 kids and me are dependents.

Regards

Ben

CULLINAN · Post by **CULLINAN** » Tue Dec 01, 2020 1:40 am

benhuang wrote: ↑
Tue Dec 01, 2020 1:35 am
Dear Cullinan,

My wife is the main applicant and my 2 kids and me are dependents.

Regards

Ben

Is your wife applying now also? Or you are applying now? Your wife needs to list absences only on the Tier 1 route, that is what I meant and you will list as mentioned above for PBS dep.

Basically you are writing these posts on your wife’s behalf hence the confusion when she is the main applicant.

benhuang · Post by **benhuang** » Tue Dec 01, 2020 1:54 am

Dear Cullinan,

Sorry for the lack of clarification from my end.

The wife is the main applicant (Tier 1 entrepreneur) and the 2 kids and me are the dependents. We all first entered the uk on 7/1/2016. We all got our first extension on 12/6/2019 and we are going to apply for ILR altogether on 10/12/2020 ( which is within 28days of the 5th anniversary on 7/1/2021.

I hope the above summary has made it clearer for the queries i have posted.

Thank you again for your effort and time.

Kind regards

Ben

CULLINAN · Post by **CULLINAN** » Tue Dec 01, 2020 1:58 am

benhuang wrote: ↑
Tue Dec 01, 2020 1:54 am
Dear Cullinan,

Sorry for the lack of clarification from my end.

The wife is the main applicant (Tier 1 entrepreneur) and the 2 kids and me are the dependents. We all first entered the uk on 7/1/2016. We all got our first extension on 12/6/2019 and we are going to apply for ILR altogether on 10/12/2020 ( which is within 28days of the 5th anniversary on 7/1/2021.

I hope the above summary has made it clearer for the queries i have posted.

Thank you again for your effort and time.

Kind regards

Ben

Now it makes sense. Hope everything is clear as above, otherwise let me know.
List wife’s absences from: 7/1/2016
Yourself and kids from: 12/6/2019

BTW you can count period when you complete 5 years minus 28 days from initial visa issue date (not) entry date.

CULLINAN · Post by **CULLINAN** » Tue Dec 01, 2020 2:04 am

I mean you can also apply when you complete 5 years minus 28 days counting from initial visa ISSUE date (not entry date).

benhuang · Post by **benhuang** » Tue Dec 01, 2020 4:31 pm

CULLINAN wrote: ↑
Tue Dec 01, 2020 1:58 am

benhuang wrote: ↑
Tue Dec 01, 2020 1:54 am
Dear Cullinan,

Sorry for the lack of clarification from my end.

The wife is the main applicant (Tier 1 entrepreneur) and the 2 kids and me are the dependents. We all first entered the uk on 7/1/2016. We all got our first extension on 12/6/2019 and we are going to apply for ILR altogether on 10/12/2020 ( which is within 28days of the 5th anniversary on 7/1/2021.

I hope the above summary has made it clearer for the queries i have posted.

Thank you again for your effort and time.

Kind regards

Ben
Now it makes sense. Hope everything is clear as above, otherwise let me know.
List wife’s absences from: 7/1/2016
Yourself and kids from: 12/6/2019

BTW you can count period when you complete 5 years minus 28 days from initial visa issue date (not) entry date.

Dear Cullinan,

Thank you for your super efficient reply!

Your point taken "initial visa issue date (not) entry date".
Can I clarify the initial visa issue date appears on the UK entry clearance sticker sticked to one of the pages in the passport? It appears like this: valid from 5/1/2016 valid until 4/2/2016.

If correct, then 4 of us have the same initial visa issue date of 5/1/2016 and we all have the same 5 years anniversary date. Yes, that is why I said 4 of us are going to apply for ILR tentatively on 10/12/2020 (which is within 28 days of the 5 years anniversary). The initial visa issue date is only 2 days difference from the date of first entry, so i think it doesn't really make a lot of difference to the originally calculated 5 years anniversary date of 7/1/2021. So technically, the correct 5 years anniversary date should be 5/1/2021.

Thank you for your guidance and help

Kind regards

Ben

CULLINAN · Post by **CULLINAN** » Tue Dec 01, 2020 6:46 pm

Follow the UK entry date in your case. 2 days does not matter. Safest option as probably you entered on the vignette and then collected BRP in UK?

What is the date on your initial BRP?

But anyways, go by entry date in your case.

benhuang · Post by **benhuang** » Tue Dec 01, 2020 8:30 pm

CULLINAN wrote: ↑
Tue Dec 01, 2020 6:46 pm
Follow the UK entry date in your case. 2 days does not matter. Safest option as probably you entered on the vignette and then collected BRP in UK?

What is the date on your initial BRP?

But anyways, go by entry date in your case.

Dear Cullinan,

All of us have the same dates on the 1st BRP as follows:

1.Valid until 5/5/2019
2.Place and date of issue: UK 22/12/2015

Thank you.

Kind regards

Ben

CULLINAN · Post by **CULLINAN** » Tue Dec 01, 2020 9:01 pm

You are safe to apply as you planned 10 Dec.

benhuang · Post by **benhuang** » Thu Dec 03, 2020 7:55 pm

CULLINAN wrote: ↑
Tue Dec 01, 2020 9:01 pm
You are safe to apply as you planned 10 Dec.

Dear Cullinan,

Thank you for your comment.

I have started filling up Set (O) for my wife (main applicant), as dependents for myself and the 2 kids.

At the start of the form, i have to select a category in which i am applying for indefinite leave to remain from:
1.Tier 1 or Appendix W dependants
2.Tier 1 migrant

I chose "Tier 1 migrant" even though i do not know what is "Tier 1 or Appendix W dependents".

And another question followed suit is very similar. Again, I am asked to select a category in which I am applying for indefinite leave to remain. I chose "Tier 1 (Entrepreneur) migrant"

Please confirm I am correct as to the above category, just in case I misunderstood what the question asked.

Another question which has confused me is:
Have you spent any of your two, three or five year continuous period (as appropriate) with leave to enter or remain in the Crown Dependencies? The Crown Dependencies are the Isle of Man and the Balliwicks of Jersey and Guernsey

When I chose "Yes" , it asked me to fill up which crown dependencies. As i never been to such places before. So i changed the answer to "No". Please confirm i should select NO for this question.

Thank you.

Kind regards

Ben

CULLINAN · Post by **CULLINAN** » Thu Dec 03, 2020 8:17 pm

Wife: Tier 1 Migrant, then Tier 1 Entrepreneur.

Yourself and kids: Tier 1 or Appendix W dependents, then the form will ask if you are the partner, child below 18 or child 18+. Choose accordingly for each applicant.

Also see attachment (for yourself and kids) scenario NOT your wife.

CULLINAN · Post by **CULLINAN** » Thu Dec 03, 2020 8:41 pm

You all will be in the same ACCOUNT. Your wife will create an account and fill her form first as the main applicant. Then the same account will let you add as a partner or child etc. Then you will fill your form and children forms individually choosing the correct categories as stated in my last post.

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