Tier2 to ILR application

mmoeed · Post by **mmoeed** » Thu Sep 12, 2019 12:04 pm

Hello everyone,

I am working on Tier2 Visa since 19/02/2015 and entered the country on 28/02/2015. I changed my employer once, and current visa will expire on 28/02/2021. There is no gap between change of employment.

I want to prepare my self for ILR application before hand. I have few question, listed below. I will highly appreciate, if someone can answer them for me please.

1. When i will be eligible to apply for ILR ?

2. May i need to appear in English language test if i already have a IELTS test certificate (already done in
2015 at the time of Tier2 visa application) ?

3. My wife's Tier2 dependant visa issued on 5/5/2015. Entered in the county on 5/6/15. Visa will expire on 14/02/20. When she will be eligible to apply for ILR ? As per my understanding she needs a Tier2 dependant visa extension, when is the best time to apply for her Tier2 dependant visa extension ? Before my ILR application or after i get my ILR ? I don't want to end-up in a situation where her 5 years counter gets reset for any reason.

4. My son's is born in the country and have Tier2 dependant visa which will expire on 28/02/2015. When he will be eligible to apply for naturalisation ? May i need to apply for his Tier2 dependant visa extension ?

Thanks in advance for your help.

Regards,

aman90 · Post by **aman90** » Thu Sep 12, 2019 1:01 pm

mmoeed wrote: ↑
Thu Sep 12, 2019 12:04 pm

I am working on Tier2 Visa since 19/02/2015 and entered the country on 28/02/2015. I changed my employer once, and current visa will expire on 28/02/2021. There is no gap between change of employment.

1. When i will be eligible to apply for ILR ?

5th year Anniversary Date of issue minus 28 days

2. May i need to appear in English language test if i already have a IELTS test certificate (already done in 2015 at the time of Tier2 visa application)?

No.

3. My wife's Tier2 dependant visa issued on 5/5/2015. Entered in the county on 5/6/15. Visa will expire on 14/02/20. When she will be eligible to apply for ILR ? As per my understanding she needs a Tier2 dependant visa extension, when is the best time to apply for her Tier2 dependant visa extension ? Before my ILR application or after i get my ILR ? I don't want to end-up in a situation where her 5 years counter gets reset for any reason.

5th years Anniversary Date of issue minus 28 days. Yes. Extend near to expiry and vary when within qualifying period on SET(O)

4. My son's is born in the country and have Tier2 dependant visa which will expire on 28/02/2015. When he will be eligible to apply for naturalisation ? May i need to apply for his Tier2 dependant visa extension ?

No. Once you get ILR you can register him as BC on form MN1.

Regards,

mmoeed · Post by **mmoeed** » Thu Sep 12, 2019 1:15 pm

Thanks a lot for your quick response.

My wife's visa will expire on 14/02/20. If i apply for ILR via premium service before her visa is expired and get an approval for ILR, My wife can still apply for an extension to her Tier2 dependant visa ? Or she needs to apply in "Spouse of a settled person" category.

I will be grateful for your response.

CR001 · Post by **CR001** » Thu Sep 12, 2019 1:16 pm

My wife can still apply for an extension to her Tier2 dependant visa ?

Yes, it will be a 3 year extension.

Or she needs to apply in "Spouse of a settled person" category.

No!! Don't do this as it will reset her 5 year clock for ILR to zero.

mmoeed · Post by **mmoeed** » Thu Sep 12, 2019 1:22 pm

Thanks for your reply CR001. Is it better to apply for her extension few months in advance ?
I will apply for her extension in few months time (visa will expire in Feb 2020), and focus on my ILR application (prepare for life in the UK test, etc.)

Can you please send me correct link for Tier2 dependant visa application.

Can i still use premium service to apply for ILR within the UK ?

CR001 · Post by **CR001** » Thu Sep 12, 2019 1:26 pm

https://visas-immigration.service.gov.u ... nt-partner

There is no 'premium service centre' system anymore. The PSCs were closed in November last year. You have to apply online and then book an appointment with the third party agent, UKCVAS Sopra Steria to enroll biometrics etc. You only have two options, standard application which can take up to 8 weeks or super priority which is 24 hours but not guaranteed and can take a couple of weeks.

mmoeed · Post by **mmoeed** » Thu Sep 12, 2019 1:31 pm

Thanks for your quick reply CR001.

Can i apply for my wife's Tier2 extension few months in advance, before her visa will expire ?

Thanks in advance for your help.

CR001 · Post by **CR001** » Thu Sep 12, 2019 1:32 pm

mmoeed wrote: ↑
Thu Sep 12, 2019 1:31 pm
Thanks for your quick reply CR001.

Can i apply for my wife's Tier2 extension few months in advance, before her visa will expire ?

Thanks in advance for your help.

Yes but apply after your ILR has been granted.

mmoeed · Post by **mmoeed** » Thu Sep 12, 2019 1:41 pm

Thanks for your reply CR001. Is there any specific reason you advised me to apply for wife's Tier2 via extension once i get my ILR please ?

CR001 · Post by **CR001** » Thu Sep 12, 2019 1:51 pm

mmoeed wrote: ↑
Thu Sep 12, 2019 1:41 pm
Thanks for your reply CR001. Is there any specific reason you advised me to apply for wife's Tier2 via extension once i get my ILR please ?

Yes, as she doesn't qualify for an extension on her own if you do not hold ILR yet OR if you are not applying for a tier 2 extension at the same time.

mmoeed · Post by **mmoeed** » Thu Sep 12, 2019 2:27 pm

Thanks for your reply CR001.

I understand your point.

My Tier2 general (shortage of occupation) visa will expire on 28/2/2021. Her visa will expire on 28/2/2020 (a year before my visa expire).

If i apply for her Tier2 dependant visa extension before my ILR application, her new Tier2 dependant visa will be extended till 28/2/2021. She will then be eligible for ILR on 5/5/2019, as her first Tier2 dependant via granted on 5/5/2015.

Is this correct ?

Regards,
M.

CR001 · Post by **CR001** » Thu Sep 12, 2019 2:58 pm

mmoeed wrote: ↑
Thu Sep 12, 2019 2:27 pm
Thanks for your reply CR001.

I understand your point.

My Tier2 general (shortage of occupation) visa will expire on 28/2/2021. Her visa will expire on 28/2/2020 (a year before my visa expire).

If i apply for her Tier2 dependant visa extension before my ILR application, her new Tier2 dependant visa will be extended till 28/2/2021. She will then be eligible for ILR on 5/5/2019, as her first Tier2 dependant via granted on 5/5/2015.

Is this correct ?

Regards,
M.

1. Usually useful to state important details on the forum if you expect useful advice.

2. Unusual that her visa expires before yours. Did you switch employers and apply for a visa with out her?

3. Yes if you apply for her extension BEFORE you apply for ILR, then her new visa will be inline with your tier 2 expiry date.

mmoeed · Post by **mmoeed** » Thu Sep 12, 2019 3:23 pm

1- I did tried to mention all the details in my first post to get useful advice. CR001, I am highly thankful to you for answering all my questions in a quick and an efficient way.

2- Yes, i changed my employer once (mentioned earlier in my first post), hence my visa will expire one year after my wife's visa.

3- Thanks a lot to confirm. I want to apply for my wife's Tier2 dependent visa this year (although her visa will expire on 28/2/2020), i hope there wont be an issue if i apply 3-4 months before her visa will expire.

Thanks in advance for your expert advice.

Regards,
M.

CR001 · Post by **CR001** » Thu Sep 12, 2019 3:27 pm

You can apply at any point but note that your IHS will be calculated for more than a year.

mmoeed · Post by **mmoeed** » Thu Sep 12, 2019 3:43 pm

Thanks for your kind reply CR001.

If i apply few two weeks before the expiry date of her visa, i will pay IHS for three years ( less than 3 year Tier2 dependant visa extension) but i will get a partial refund of IHS for two years (approx £800).

In total i will pay IHS for only one year. Otherwise, if i apply now, i will pay IHS for two years (approx £800)

Is this correct please ?

Regards,
M.

CR001 · Post by **CR001** » Thu Sep 12, 2019 3:46 pm

It is calculated pro rata for a part year. for 1 year and up to 6 months it is £600.

mmoeed · Post by **mmoeed** » Thu Sep 12, 2019 4:17 pm

Thanks for the information CR001.

My wife had few trips to Pakistan for a duration of a month or even two months time. Definitely ahe is absent for more than 180 days in the last 4 and a half years.

Is 180 days absence rule applied on Tier2 dependants as well. She had her first Tier2 visa granted in May 2015.

Regards,
M.

CR001 · Post by **CR001** » Thu Sep 12, 2019 4:19 pm

It is only applicable to dependent visas issued on or after 11th January 2018. Otherwise there is no absence limit.

mmoeed · Post by **mmoeed** » Thu Sep 12, 2019 4:44 pm

Oh brilliant, CR001.

Thanks for answering all my questions. Hopefully, I will apply for her visa extension, once i get my ILR sorted (i.e. very close to her visa expiry date). This will help me to save few hundred bucks.

In the mean time i will do my homework and get back to you f there is any further query.

Once again thanks for your help.

Regards,
M.

mmoeed · Post by **mmoeed** » Thu Jan 02, 2020 12:44 pm

CR001 wrote: ↑
Thu Sep 12, 2019 4:19 pm
It is only applicable to dependent visas issued on or after 11th January 2018. Otherwise there is no absence limit.

Hi CR001,

As discussed earlier, i will apply for my wife's Tier-2 extension in February 2020. Once she gets a Tier-2 visa extension this year, will she not be in the category where 180 day absence rule will matter to her (dependent visas issued on or after 11th January 2018) at the time of her ILR application.

Can you please confirm.

Regards,
Moeed

CR001 · Post by **CR001** » Thu Jan 02, 2020 12:58 pm

A new extension issued to her in February 2020 is subject to the 180 days absence limit, so yes if she is absent for 180 days or more, it affects her ilr eligibility. It is for any visa issued on or after 12th January 2018. Any visas issued before this date, absence is not relevant.

mmoeed · Post by **mmoeed** » Thu Jan 02, 2020 1:18 pm

CR001 wrote: ↑
Thu Jan 02, 2020 12:58 pm
A new extension issued to her in February 2020 is subject to the 180 days absence limit, so yes if she is absent for 180 days or more, it affects her ilr eligibility. It is for any visa issued on or after 12th January 2018. Any visas issued before this date, absence is not relevant.

Hi CR001,

Thanks a lot for a quick response. I will get back to you if i have any further query.

Best Regards,
M.

mmoeed · Post by **mmoeed** » Thu Jan 16, 2020 5:49 pm

CR001 wrote: ↑
Thu Jan 02, 2020 12:58 pm
A new extension issued to her in February 2020 is subject to the 180 days absence limit, so yes if she is absent for 180 days or more, it affects her ilr eligibility. It is for any visa issued on or after 12th January 2018. Any visas issued before this date, absence is not relevant.

Hi CR001,

I am planning to apply for my ILR tomorrow. I have few questions, if you can please answer them and clear my doubts.

1- My Tier2 visa was issued on 14/02/2015. Can you please confirm if my 5th year Anniversary Date of issue minus 28 days is on 17/01/2020.

2- I am not sure about "Deceleration signed by Mr. XXX to confirm consent for the Home Office to request verification checks". Can you please send me a link for this declaration document, if possible.

3- Documents i have in hand to submit with my ILR application are,

(a) Letter from the employer (hard copy signed) mentioned below, could you please confirm if it is correct format.

Re. Confirmation of employment for Mr. XXXX

Dear Sir/Madam,

This is to confirm that Mr. XXX has been employed with ABC Limited since 1st June 2018, as a Senior Electronics Engineer (on a Tier 2 General -Changes of Employment -ISC exempt visa from April 2019). Mr. XXX’s current salary is £46,350 (GBP), which I believe is above the appropriate rate of £35,800 (GBP) as per SOC code 2124, as stated in the codes of practice for Tier 2 Sponsors.The services of Mr. XXX as an employee are still required and he will continue to remain employed with ABC Limited for the foreseeable. Should you require any further clarification or additional information please feel free to contact me.

Yours sincerely,
XYZ –HR Advisor
ABC Limited

(b) December 2019 PaySlip (soft copy).
(c) English language test passed. (a number provided by test centre via email)
(d) Life in the UK test passed. (a number provided by Trinity collage on pass certificate).
(e) Bank statement ( my name/address and bank logo etc) soft copy showing December 2019 salary is deposited in my bank account as per December 2019 pay slip.
(f) BRP
(g) Both Passports (original)

I have filled SET(O) application for ILR and did not paid the fees yet. Before i proceed with the payment, I need a final confirmation that all documents are correct. Nothing is missing. I am eligible to apply for ILR tomorrow (considering my first Tier2 visa was issued on 14/02/2015).

Please help me with Deceleration document to Home Office.

Best regards,
M.

zimba · Post by **zimba** » Thu Jan 16, 2020 10:57 pm

It is all fine. The consent forms can be downloaded after submission

mmoeed · Post by **mmoeed** » Thu Jan 16, 2020 11:49 pm

Zimba wrote: ↑
Thu Jan 16, 2020 10:57 pm
It is all fine. The consent forms can be downloaded after submission

Many thanks Zimba, for a quick reply. I just checked my Tier-2 visa issue date which is 19/02/2015. This means earliest i can apply for the ILR is 22/01/2020 ( 5 year anniversary minus 28 days).

I am a bit confused on what will be the "application date". Submission date of application means date of "submission of payment" or date of "registration of bio-metrics".

Can i pay the fees before 22/02/2020 and book an appointment for bio-metrics on or after 22/01/2020, in order to save some time as i need to apply for my Mrs. Tier-2 Dependent visa extension before 19/02/2020.

Any guidance will highly be appreciated.

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