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Tier 2 General to ILR, Set O - Application Date Question and Recent Pay Rise

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EEA-route section for queries about the EEA-route settled status under Appendix EU (EU settlement scheme)

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ajmurray
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ILR-Tier 2 Set O- Did I apply too late?

Post by ajmurray » Wed Sep 30, 2020 6:56 am

Hi all,

I am a bit concerned that I applied too late for my 5 year continuous period.

I read that you may apply 28 days before you entered the country, or 28 days before your visa expires, which I now think may be slightly inaccurate.

My current Brp is valid until 14/09/2020, and I initially entered the UK on 29/08/2015.

I applied, and paid online on 26/08/2020. I chose this date as it satisfied both.

However, I just realised I may have made a big mistake. I changed employers in 2017 and my previous Brp had was issued on 21/08/2015 and would have expired on 23/08/2020.

I then looked and saw that ILR can be applied 28 days prior to the the visa was first granted. Does this mean my application may be refused? This has of course been a very stressful thing weighing heavily on my thoughts. Any clarification which can be provided would be much appreciated.

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Re: ILR-Tier 2 Set O- Did I apply too late?

Post by CR001 » Wed Sep 30, 2020 7:21 am

The earliest you can apply is within 28 days before the 5th anniversary of the date your initial visa was issued. The latest you can apply is shortly before the expiry date of your brp.
I applied, and paid online on 26/08/2020. I chose this date as it satisfied both.

However, I just realised I may have made a big mistake. I changed employers in 2017 and my previous Brp had was issued on 21/08/2015 and would have expired on 23/08/2020.
Are your dates correct?? Based in what you stated, you have applied online AFTER your visa expired, which will be an issue and an out time application and means you have no legal stay and cannot work.
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ajmurray
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Re: ILR-Tier 2 Set O- Did I apply too late?

Post by ajmurray » Wed Sep 30, 2020 7:34 am

Thanks for your reply!

When I switched jobs, I was issued a new Brp. That one expired on 14/09/2020. I applied on 26/08/2020

My initial Brp from my first employer was issued on 21/08/2015 and would have expired on 23/08/2020.

Have I made a mistake in thinking that the expiry date on my current Brp allowed me to work until that date?

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Re: ILR-Tier 2 Set O- Did I apply too late?

Post by CR001 » Wed Sep 30, 2020 8:14 am

Have I made a mistake in thinking that the expiry date on my current Brp allowed me to work until that date?
Your CURRENT BRP card is the only one that is relevant. Your previous BRP is irrelevant in terms of the expiry date. You haven't made any mistake.
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Re: ILR-Tier 2 Set O- Did I apply too late?

Post by AmazonianX » Wed Sep 30, 2020 8:16 am

ajmurray wrote:
Wed Sep 30, 2020 7:34 am
Thanks for your reply!

When I switched jobs, I was issued a new Brp. That one expired on 14/09/2020. I applied on 26/08/2020

My initial Brp from my first employer was issued on 21/08/2015 and would have expired on 23/08/2020.

Have I made a mistake in thinking that the expiry date on my current Brp allowed me to work until that date?
You are on track, the date on the recent BRP trumps the former so wonder why you think there is mistake.

ajmurray
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Re: ILR-Tier 2 Set O- Did I apply too late?

Post by ajmurray » Wed Sep 30, 2020 8:18 am

Amazing, thank you so much! I have been stressing about this so much from reading too many posts online about dates etc.

Your clarification has really put me at ease, so once again thank you very much for your time!

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Tier 2 General to ILR, Set O - Application Date Question and Recent Pay Rise

Post by ajmurray » Thu Oct 01, 2020 7:35 pm

Hi all,

I have a couple of questions I was hoping I could get some help with. I applied and paid online for my Tier 2 General 5 year to ILR on 26/08/2020. Initially I was planning to do everything through the app, so I prepared my documents such that they were dated to be well within a month of the 26th (payslip, letter from employer, previous employer, bank statement and signed declaration).

After reading some things online, I have chosen to opt out of using the app and now have an appointment on the 22/10/2020 to upload all the documents as well as biometrics.

My question is twofold.

1. Do I need new documents with new dates, or can I use the old ones (as I've read that your official date of application can be the online payment, though there seems to be a bit of confusion on this)?

2. If I need new documents, I have a bit of a strange query. My salary has increased since my application (as is standard for maths teachers at the start of a new academic year). It was already well above the minimum amount, and it is a shortage occupation anyways. The thing that has me concerned is that it differs from what was stated in my online submission.

I was thinking of providing the old payslip and the new one. Both would be indicated in a new 3 month bank statement. I would then provide a cover letter. I also wanted to get my employer to update their letter to state that at the time of my online submission, my salary was correct, but has now changed inline with their professional review process.

What are your thoughts? I'm hoping I can use the old ones. Kind of wishing I just used the app...

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Re: Tier 2 General to ILR, Set O - Application Date Question and Recent Pay Rise

Post by CR001 » Thu Oct 01, 2020 9:25 pm

1. Do I need new documents with new dates, or can I use the old ones (as I've read that your official date of application can be the online payment, though there seems to be a bit of confusion on this)?
They must be dated on or before the date you submitted and paid online.
I was thinking of providing the old payslip and the new one. Both would be indicated in a new 3 month bank statement. I would then provide a cover letter. I also wanted to get my employer to update their letter to state that at the time of my online submission, my salary was correct, but has now changed inline with their professional review process.
You only need one months payslip and ones bank statement,dated on or before the online application date. Why do you want to complicate your application by adding documents that are irrelevant.
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ajmurray
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Re: Tier 2 General to ILR, Set O - Application Date Question and Recent Pay Rise

Post by ajmurray » Fri Oct 02, 2020 6:30 am

Thanks for your reply! Glad to hear I can use the ones dated before the online application.

I got a bit confused reading other posts about what is the actually date of application and stressed myself out. Thanks again for your help, it is greatly appreciated!

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Re: Tier 2 General to ILR, Set O - Application Date Question and Recent Pay Rise

Post by goodfaith55 » Tue Dec 15, 2020 4:20 pm

Hi Cr001,

Hope you are well. I submitted my ILR application on 23rd Nov and then booked the appointment for 16th Dec.

1. The letter from the current employer is dated 5th Dec, which is after the ILR submission application date and before the Biometric appointment - Is this going to be a problem?

2. For T2G main applicant is it required to submit past 5 years continuous residency proofs with the ILR application?

Many thanks in advance!

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