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Varying dependent extension to ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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cutdcrap
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Question on ILR and Dependent Extension

Post by cutdcrap » Thu Dec 31, 2020 7:11 pm

Dear Mods,
Not sure whether to post this in ILR or Tier 2, hence posting here.
Background : Came to UK on Tier 2 ICT in May 2014 and wife & 2 kids (both born outside UK) joined in Aug-2014. In June-2016, missus converted to Tier 2 General; kids moved as her dependents in July-2016 (from within UK) and I switched to her dependent in Sep-2016 (from within UK).
Now, while preparing to file for her ILR in a couple of months time and my+kids extension; there are some questions:
For wife's ILR
a. We visited France for 2 days through a tour company via a coach. Our passports were not stamped while entering into France, but we have stamp while entering UK. Could that be an issue? Should we write a covering letter explaining this upfront OR deal with it when asked by a case worker?
b. "Do you have a National ID card?" We do have one from home country (India) but given pandemic I am not sure if we will be able to get it couriered across to UK. Is it ok to say no, and would that have any impact on ILR application?
For my and kids Tier 2 General visa extension (within UK)
a. "How long have you been in UK?" Should we show the period since Aug-2014 for kids or is the time since they switched on T2G dependent visa (PBS Dependent)?
b. "have you been to UK in past 10 years?" If the answer to previous question is to show period from the time when kids and I moved as dependents; then should we be showing the period we were on T2 ICT as that time?
c. "Ever given medical treatment in UK?" I was referred to physiotherapy because of an accident, should I be saying yes to this?

Sorry, just trying to pra-actively prepare for the paperwork :). Happy new year to all, btw

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CULLINAN
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Re: Question on ILR and Dependent Extension

Post by CULLINAN » Thu Dec 31, 2020 8:12 pm

cutdcrap wrote:
Thu Dec 31, 2020 7:11 pm
Dear Mods,
Not sure whether to post this in ILR or Tier 2, hence posting here.
Background : Came to UK on Tier 2 ICT in May 2014 and wife & 2 kids (both born outside UK) joined in Aug-2014. In June-2016, missus converted to Tier 2 General; kids moved as her dependents in July-2016 (from within UK) and I switched to her dependent in Sep-2016 (from within UK).
Now, while preparing to file for her ILR in a couple of months time and my+kids extension; there are some questions:
For wife's ILR
a. We visited France for 2 days through a tour company via a coach. Our passports were not stamped while entering into France, but we have stamp while entering UK. Could that be an issue? Should we write a covering letter explaining this upfront OR deal with it when asked by a case worker?
No issue.
b. "Do you have a National ID card?" We do have one from home country (India) but given pandemic I am not sure if we will be able to get it couriered across to UK. Is it ok to say no, and would that have any impact on ILR application?
Say yes. No proof is needed.
For my and kids Tier 2 General visa extension (within UK)
a. "How long have you been in UK?" Should we show the period since Aug-2014 for kids or is the time since they switched on T2G dependent visa (PBS Dependent)?
Latter case
b. "have you been to UK in past 10 years?" If the answer to previous question is to show period from the time when kids and I moved as dependents; then should we be showing the period we were on T2 ICT as that time?
c. "Ever given medical treatment in UK?" I was referred to physiotherapy because of an accident, should I be saying yes to this?
Declare as the question asks

Sorry, just trying to pra-actively prepare for the paperwork :). Happy new year to all, btw
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

cutdcrap
Newbie
Posts: 31
Joined: Fri Feb 08, 2019 1:38 pm

Re: Question on ILR and Dependent Extension

Post by cutdcrap » Thu Dec 31, 2020 8:18 pm

Thank you very much for responding on new year's eve. Stay blessed, stay safe and have a happy new year!

cutdcrap
Newbie
Posts: 31
Joined: Fri Feb 08, 2019 1:38 pm

Absence letter from employer

Post by cutdcrap » Tue Apr 27, 2021 1:34 pm

Hello team

I am applying for ILr soon. Had a question on employer providing leave of absences.
A. Does the employer only need to mention the specific dates that the holidays are approved or the entire trip? I came back on a Sunday for instance.
B. Does the employer need to provide the letter of absence for a weekend trip that I may have taken outside of UK and therefore didn’t have to apply an annual leave for?

Thank you all

cutdcrap
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Posts: 31
Joined: Fri Feb 08, 2019 1:38 pm

earliest time to apply for ILR

Post by cutdcrap » Sun May 02, 2021 11:05 am

Hello team

My wife is eligible to apply for ILR on 4th May under the Tier 2 general route. My question is what is earliest time can we apply : can we apply at 0000 hours UK time on 4th May or it should be later in the day?

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CULLINAN
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Re: earliest time to apply for ILR

Post by CULLINAN » Sun May 02, 2021 2:38 pm

cutdcrap wrote:
Sun May 02, 2021 11:05 am
Hello team

My wife is eligible to apply for ILR on 4th May under the Tier 2 general route. My question is what is earliest time can we apply : can we apply at 0000 hours UK time on 4th May or it should be later in the day?
Apply after 1AM BST if you want to get the date right as 4th May. UKVI/UKVCAS follow GMT. If you will submit on 12AM BST, payment reference will show date as 3rd May 11pm GMT.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

cutdcrap
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Posts: 31
Joined: Fri Feb 08, 2019 1:38 pm

Re: earliest time to apply for ILR

Post by cutdcrap » Thu May 06, 2021 4:12 pm

CULLINAN wrote:
Sun May 02, 2021 2:38 pm
cutdcrap wrote:
Sun May 02, 2021 11:05 am
Hello team

My wife is eligible to apply for ILR on 4th May under the Tier 2 general route. My question is what is earliest time can we apply : can we apply at 0000 hours UK time on 4th May or it should be later in the day?
Apply after 1AM BST if you want to get the date right as 4th May. UKVI/UKVCAS follow GMT. If you will submit on 12AM BST, payment reference will show date as 3rd May 11pm GMT.
Thank you very much. Applied on 4th May at 0100 UK time, booked super priority, got appointment for today, 6th May and got the positive result within 2 hours of submitting biometrics. Thanks to this amazing community for all the help..just buzzing!

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CULLINAN
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Re: earliest time to apply for ILR

Post by CULLINAN » Fri May 07, 2021 3:18 am

Welcome and congratulations. You were lucky to get a quick biometrics appointment after online submission.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

cutdcrap
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Posts: 31
Joined: Fri Feb 08, 2019 1:38 pm

Varying dependent extension to ILR

Post by cutdcrap » Fri Jun 04, 2021 10:03 pm

Hello all,

I am planning to vary my existing T2G dependent extension application to ILR. My wife (who was main T2G holder) got her ILR last month.
I have been in UK since 2016 as her dependent (on a 5 year visa). The question is I have is that the ILR application is asking if any of qualifying period is based on leave granted after 2018. I am a month short and thats why I have applied for my dependent extension, but I am varying before a decision on that is made.
So, should I mention yes or no to the question?

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CULLINAN
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Re: Varying dependent extension to ILR

Post by CULLINAN » Sat Jun 05, 2021 12:57 am

If you were only a month short, you should have directly applied for ILR and simply submitted biometrics after you qualified. You get almost 2 months to attend biometrics. You could have easily done it. As long a decision was made after you qualify, your ILR would have been successful.

Anyways too late now, you can vary as long a decision is not made on your extension application. Also make sure you have submitted biometrics for your extension application to make it a valid application before you vary to ILR. You will have to attend biometrics for ILR again and complete the process.

Regarding the question you asked, if you do not have any leave that was granted after 11th Jan 2018, the answer will be NO. Otherwise it will be 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.

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CULLINAN
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Re: Varying dependent extension to ILR

Post by CULLINAN » Sat Jun 05, 2021 1:05 am

Also note, there are cases reported where HO has erroneously processed an extension application even when an applicant varied it to ILR in time i.e. before a decision was made on the extension application.

Given you vary your extension application to ILR in time i.e. before a decision is made on the extension application but HO somehow still processed your extension application, make sure you raise a complaint and fight through to get the extension decision withdrawn and ILR application processed instead (obviously if you varied to ILR before a decision was made on the extension application).

PS: You should mention the pending extension application in the ILR online form and add a cover letter explaining the same with the documents.

Just a heads up if things go wrong from HO’s end.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

cutdcrap
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Posts: 31
Joined: Fri Feb 08, 2019 1:38 pm

Re: Varying dependent extension to ILR

Post by cutdcrap » Sat Jun 05, 2021 8:10 am

Thank you Cullinan, very helpful as always. I was short of little more than a month even after considering that I can apply 28 days before. Hence, I applied for extension and now will vary it. I have been closely following other threads where you have provided your expertise, and the plan is same for me 🙂: apply for extension, submit biometrics at the last available appointment of the day within 45 working days, upload king documents 48 hours before biometrics but not submitting, vary application the very next day of submitting biometrics (hoping decision isn’t made), biometrics again the day I am eligible for ilr, and then hope for the best..Thank you for your note whether HO seems to make decision before people vary or even after that, I will keep that in mind

Coming back to my original question then : I should be saying no to leave after 2018 because the decision wouldn’t have been made, right? And I can mention in the cover letter as well

cutdcrap
Newbie
Posts: 31
Joined: Fri Feb 08, 2019 1:38 pm

Re: Varying dependent extension to ILR

Post by cutdcrap » Sat Jun 05, 2021 8:10 am

Thank you Cullinan, very helpful as always. I was short of little more than a month even after considering that I can apply 28 days before. Hence, I applied for extension and now will vary it. I have been closely following other threads where you have provided your expertise, and the plan is same for me 🙂: apply for extension, submit biometrics at the last available appointment of the day within 45 working days, upload king documents 48 hours before biometrics but not submitting, vary application the very next day of submitting biometrics (hoping decision isn’t made), biometrics again the day I am eligible for ilr, and then hope for the best..Thank you for your note whether HO seems to make decision before people vary or even after that, I will keep that in mind

Coming back to my original question then : I should be saying no to leave after 2018 because the decision wouldn’t have been made, right? And I can mention in the cover letter as well

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CULLINAN
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Re: Varying dependent extension to ILR

Post by CULLINAN » Sat Jun 05, 2021 11:53 am

Answer will be NO. You do not have to mention anything regarding this in the cover letter.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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