The 180 days rule for ILR for PBS dependents

benhuang wrote: ↑

Sat Mar 21, 2020 8:29 pm

Dear marcnath,

Thank you.

I take note of your comment on cohabitation documents.

Based on the comments thus far, regarding the cohabitation documents, we have the following:

1.Wife (Main applicant) : monthly bank statements from Bank A (joint names), monthly bank statements from Bank B (joint names), quarterly utility bills (this is also joint names)
2.husband (dependant): Same as wife's documents as they are all joint names.
3.Son 1 (dependant): No need such documents as just turn 18, but I would still submit his monthly bank statement
4. Son 2 (dependant): No need such documents as just turn 18, but I would still submit his monthly bank statement

Based on the documents above, I would think that we have sufficient cohabitation documents for ILR application.

Please confirm!

Thank you once again

Kind regards

Ben

It would seem so

benhuang wrote: ↑

Sun Mar 22, 2020 12:10 pm

Dear marcnath and other senior members,

While waiting for your confirmation of Cohabitation documents, I have some other questions.

Do I need to submit the following when applying ILR (from Tier 1):

Qn1. To submit audited financial statements for the 2 years?
Qn2. To prove investment of 200K pounds still in the business?
Qn3. Since we had submitted all our previous passports to HO at the last visa extension, i presume now we only have to submit the current ones, is that right?

I look forward to hearing from you.

Thank you.

Ben

1. No
2. No
3. No, they still ask for all documents.

Dear marcnath,

Thank you for your comments.

Regarding all the previous passports, Do I need to scan all pages of each passport or just the relevant pages with personal information & immigration chops ?
(Note: My last visa extension was submitted by solicitors, so i did not know what they have done with my passports)

Regarding the audited financial statements, if audit is not required, do i need to submit at least the management accounts for the 2 years for HO review?

Thank you.

Ben

benhuang wrote: ↑

Sun Mar 22, 2020 1:00 pm

Dear marcnath,

Thank you for your comments.

Regarding all the previous passports, Do I need to scan all pages of each passport or just the relevant pages with personal information & immigration chops ?
(Note: My last visa extension was submitted by solicitors, so i did not know what they have done with my passports)

Regarding the audited financial statements, if audit is not required, do i need to submit at least the management accounts for the 2 years for HO review?

Thank you.

Ben

Again, I believe it is all pages that are not blank, if I recall correctly. But I think you will get the instruction when you fill in the form. I don't recall that any more. But now that you are just scanning and uploading all the documents, I can't imagine why you would not scan the entire passport anyway.

There is no requirement to submit any accounts

Dear marcnath,

Thank you for your prompt reply. I really appreciated it.

The following additional questions come to my mind:

Qn1 I remember when I applied for extension of Tier-1 visa, as my wife (the main applicant) was working from home and we submitted our tenancy agreement and a letter from the landlord to confirm she has no objection that my wife was running business from home. For ILR application purposes, do i still need both the tenancy agreement and the letter of confirmation from the landlord again?

Qn2 The BRP states clearly no public fund is allowed.
During this difficult times to contain the outbreak of the virus, our British PM has announced to bear 80% of the salary costs of all businesses in the UK. If we claim the benefits, will this be interpreted as receiving public fund and therefore against the Tier-1 rules?

Qn3 For ILR application, the visa fees is around £2300 per person (normal process). On top of that, is there any express and premium service? If yes, what is the fees like?

I look forward to hearing from you.

Thank you.

Ben

Qn1 I remember when I applied for extension of Tier-1 visa, as my wife (the main applicant) was working from home and we submitted our tenancy agreement and a letter from the landlord to confirm she has no objection that my wife was running business from home. For ILR application purposes, do i still need both the tenancy agreement and the letter of confirmation from the landlord again?

Yes

Qn2 The BRP states clearly no public fund is allowed.
During this difficult times to contain the outbreak of the virus, our British PM has announced to bear 80% of the salary costs of all businesses in the UK. If we claim the benefits, will this be interpreted as receiving public fund and therefore against the Tier-1 rules?

The scheme announced by the government is a relief for BUSINESSES and paid directly to them. Public funds restrictions still apply to the benefits claimed by INDIVIDUALS under visas e.g universal credit, tax credits, child benefit, etc. You personally cannot claim these public funds or benefits with a Tier 1E visa.

Qn3 For ILR application, the visa fees is around £2300 per person (normal process). On top of that, is there any express and premium service? If yes, what is the fees like?

You have to pay extra £800 for super priority (ONLY Tier 1E dependants can use a priority service)
Extra fees are charged if you need an appointment slot asap or over weekends

Qn2 The BRP states clearly no public fund is allowed.
During this difficult times to contain the outbreak of the virus, our British PM has announced to bear 80% of the salary costs of all businesses in the UK. If we claim the benefits, will this be interpreted as receiving public fund and therefore against the Tier-1 rules?

The scheme announced by the government is a relief for BUSINESSES and paid directly to them. Public funds restrictions still apply to the benefits claimed by INDIVIDUALS under visas e.g universal credit, tax credits, child benefit, etc. You personally cannot claim these public funds or benefits with a Tier 1E visa.

Qn3 For ILR application, the visa fees is around £2300 per person (normal process). On top of that, is there any express and premium service? If yes, what is the fees like?

You have to pay extra £800 for super priority (ONLY Tier 1E dependants can use a priority service)
Extra fees are charged if you need an appointment slot asap or over weekends

Dear Zimba,

Thank you for your reply.

Regarding the 80% relief to business, what you meant is this is a relief to business and if my wife, being the sole-trader of the business, if she applies for such a relief, she will not be treated as receiving the public fund.

Regarding the super priority service, I thought the priority service is £500 and the super priority service is £800 and is available to both the main applicant and dependants. If you say the super priority is only applicable to dependants, in the case of one main applicant + 3 dependants applying for ILR at the same time, this implies that whilst the decision on the dependants will be in 24 hours, we still have to wait for the decision on the main applicant which will be in few weeks time, how is this possible? I am confused. Please do further clarification on this point.

On the current situation on covid 19, due to the severity of the situation in the UK, if we leave UK for a better place due to safety issues, how will HO view this period of absence from UK? is there any guidelines on this yet?


Thank you very much!

Ben

This is an immigration forum. Read more: https://www.businesssupport.gov.uk/

Priority service is NOT available to Tier 1E applicants at all. Dependents can only benefit tbh if the main applicant already holds ILR.
Absences will be treated as normal for now

Dear Zimba,

Thank you for your reply and I appreciated it.

Regarding the 180 days absence rule, I asked questions in this respect earlier and I thought I have fully understood it. Just now, i read the guideline under the heading Transitional Arrangements-rolling 12 month period. . The guideline gives the following example:

Tier 1 applicant applies for ILR on 30/6/2020.
1st grant of leave: 1/7/2015 to 28/7/2018
2nd grant of leave:29/7/2018 to 30/6/2020

it explains:

1) for 1st grant of leave, any absences during this grant of leave will be considered in separate 12 months period ending on 30/6 each year, and

2) for 2nd second grant of leave (after 11/1/2018), any absences will be considered on a rolling basis.
The absences during the previous grant of leave will not be included.

Qn1 what do they mean by "rolling basis" ?

Qn2 I thought all these while, the absences are calculated on a 12 months period basis counting backwards from the 5th anniversary date and that, in this scenario, all absences prior to 29/7/2018 will be ignored as 1st grant of leave was before 11/1/2018.

I look forward to hearing from you.

Thank you.

Ben

Dear Zimba/ Other senior members,

I am waiting for your comment on "rolling basis" as mentioned above.



Thank you.

Ben

benhuang wrote: ↑

Sun Apr 12, 2020 4:14 pm

Dear Zimba,

Thank you for your reply and I appreciated it.

Regarding the 180 days absence rule, I asked questions in this respect earlier and I thought I have fully understood it. Just now, i read the guideline under the heading Transitional Arrangements-rolling 12 month period. . The guideline gives the following example:

Tier 1 applicant applies for ILR on 30/6/2020.
1st grant of leave: 1/7/2015 to 28/7/2018
2nd grant of leave:29/7/2018 to 30/6/2020

it explains:

1) for 1st grant of leave, any absences during this grant of leave will be considered in separate 12 months period ending on 30/6 each year, and

2) for 2nd second grant of leave (after 11/1/2018), any absences will be considered on a rolling basis.
The absences during the previous grant of leave will not be included.

Qn1 what do they mean by "rolling basis" ?

Rolling basis means that, for any continuous 365 days, the absence within those 365 days should be less than 180 days. It is not 12 months from any specific date.

benhuang wrote: ↑

Sun Apr 12, 2020 4:14 pm

Qn2 I thought all these while, the absences are calculated on a 12 months period basis counting backwards from the 5th anniversary date and that, in this scenario, all absences prior to 29/7/2018 will be ignored as 1st grant of leave was before 11/1/2018.

I look forward to hearing from you.

Thank you.

Ben

Yes, that is correct. All absences prior to 29/7/2018 will be ignored. That is exactly what it states in the example, so not clear why you have a question

Dear marcnath,

Thank you for your reply. I fully understood your comment.

My wife , the main applicant, will apply for ILR end of this year, we have 2 dependants who will turn 18 coming April 2020. Can my wife and me and the 2 kids who turns 18 in Apr 2020 submit one ILR application in December 2020? or the kids have to submit separate ILR applications themselves since they are 18 years old by then?

Thank you in advance

Regards

Ben

Dear marcnath or Other senior members,

I am still awaiting for your reply.

Thank you.

Kind regards

Ben

benhuang wrote: ↑

Sun Apr 26, 2020 8:09 pm

Dear marcnath,

Thank you for your reply. I fully understood your comment.

My wife , the main applicant, will apply for ILR end of this year, we have 2 dependants who will turn 18 coming April 2020. Can my wife and me and the 2 kids who turns 18 in Apr 2020 submit one ILR application in December 2020? or the kids have to submit separate ILR applications themselves since they are 18 years old by then?

Thank you in advance

Regards

Ben

Dear marcnath or Other senior members,

I am still awaiting for your reply. I sincerely hope I could hear from someone who has knowledge of this.

Thank you in advance

Kind regards

Ben

They all can be included in one application. They need to pass LIUK and prove their level of English language though