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Will visiting Isle of Man while waiting for ILR decision void my application?

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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chaiomkar
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Joined: Sat Jan 25, 2020 3:53 am
Singapore

ILR Application for Tier 2 dependant (5 years short by a few weeks)

Post by chaiomkar » Fri Dec 04, 2020 3:13 am

Hi Members,

I have some doubts over my wife's application process and hope you could help :)

My wife's Tier 2 dependant visa expires on 16-Dec-2020 and she is close to fulfilling the 5 year ILR requirement, but falls short by a few weeks. I (hubby) have already gotten my ILR last year through the same 5 year route but didn't face this shortfall.

I've read through various forum threads and suggests 2 main approaches
1. Apply Tier 2 extension -> delay Biometrics appt as much as possible -> vary to ILR when the time is right
2. Apply ILR Set (O) directly -> book Biometrics appointment once she's fulfilled the 5 year criteria


Details are below

11-Dec-2015 - Submission date of Tier 2 dependant application+payment (overseas)
4-Jan-2016 - Date of Decision of Tier 2 dependant application
18-Jan-2016 - Valid From Date on Passport's Entry Clearance Vignette
27-Jan-2016 - Entered UK
16-Dec-2020 - Expiry Date of Tier 2 Visa


I'm assuming the calculations is based on the "valid from" date (18-Jan-2016) on the vignette - is that accurate?


Please advise if it's safe to apply for ILR directly as shared below...or do I need to go through a Tier 2 extension first?

- 15-Dec-2020 - Submit ILR Set(O) online application (1 day before expiry)
- 18-Jan-2021(or after): Book UKVCAS Biometrics appt
(confirm if I should only upload the documents 1 day before the appt so that caseworkers won't be assigned to the application?)



Thanks

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seagul
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Posts: 10201
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Re: ILR Application for Tier 2 dependant (5 years short by a few weeks)

Post by seagul » Fri Dec 04, 2020 4:47 am

chaiomkar wrote:
Fri Dec 04, 2020 3:13 am
Hi Members,

I have some doubts over my wife's application process and hope you could help :)

My wife's Tier 2 dependant visa expires on 16-Dec-2020 and she is close to fulfilling the 5 year ILR requirement, but falls short by a few weeks. I (hubby) have already gotten my ILR last year through the same 5 year route but didn't face this shortfall.

I've read through various forum threads and suggests 2 main approaches
1. Apply Tier 2 extension -> delay Biometrics appt as much as possible -> vary to ILR when the time is right
2. Apply ILR Set (O) directly -> book Biometrics appointment once she's fulfilled the 5 year criteria


Details are below

11-Dec-2015 - Submission date of Tier 2 dependant application+payment (overseas)
4-Jan-2016 - Date of Decision of Tier 2 dependant application
18-Jan-2016 - Valid From Date on Passport's Entry Clearance Vignette
27-Jan-2016 - Entered UK
16-Dec-2020 - Expiry Date of Tier 2 Visa


I'm assuming the calculations is based on the "valid from" date (18-Jan-2016) on the vignette - is that accurate?


Please advise if it's safe to apply for ILR directly as shared below...or do I need to go through a Tier 2 extension first?

- 15-Dec-2020 - Submit ILR Set(O) online application (1 day before expiry)
- 18-Jan-2021(or after): Book UKVCAS Biometrics appt
(confirm if I should only upload the documents 1 day before the appt so that caseworkers won't be assigned to the application?)



Thanks
This scenario has been cropping up so frequently almost on regular basis which always receive the same answer is to apply just before of the expiry of the visa and book your biometrics when you will be qualified where the caseworker will exercise his/her discretion. Your above plan seems pretty safer because upon submitting the application you can easily delay your biometrics for at least 2 months.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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seagul
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Posts: 10201
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Re: ILR Application for Tier 2 dependant (5 years short by a few weeks)

Post by seagul » Fri Dec 04, 2020 4:49 am

See an official quote confirming the safety of your plan:
Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period
.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
the date of decision
• any date up to 28 days after the date of application
https://assets.publishing.service.gov.u ... 2.0ext.pdf
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

chaiomkar
Newly Registered
Posts: 6
Joined: Sat Jan 25, 2020 3:53 am
Singapore

Re: ILR Application for Tier 2 dependant (5 years short by a few weeks)

Post by chaiomkar » Sat Dec 05, 2020 3:52 pm

Thanks Seagul. This approach appears to satisfy the "calculating relevant qualifying period" criteria. But would I fall foul on the submisssion criteria because I would be submitting online on 15-Dec which is more than 28 days before I reach the end of the specified period (18-Jan-2021)? Or is the submission date based on the Biometrics completion?
Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period


seagul wrote:
Fri Dec 04, 2020 4:49 am
See an official quote confirming the safety of your plan:
Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period
.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
the date of decision
• any date up to 28 days after the date of application
https://assets.publishing.service.gov.u ... 2.0ext.pdf

User avatar
seagul
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Posts: 10201
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Re: ILR Application for Tier 2 dependant (5 years short by a few weeks)

Post by seagul » Sat Dec 05, 2020 7:33 pm

chaiomkar wrote:
Sat Dec 05, 2020 3:52 pm
But would I fall foul on the submisssion criteria because I would be submitting online on 15-Dec which is more than 28 days before I reach the end of the specified period (18-Jan-2021)?
Ostensibly it might be the case but you would be covered by the caseworker's discretion if the decision would be made on the date when you would have been qualified for ILR which obviously will happens in your case. Simply book your biometrics on or after the date of your eligibility.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

chaiomkar
Newly Registered
Posts: 6
Joined: Sat Jan 25, 2020 3:53 am
Singapore

Re: ILR Application for Tier 2 dependant (5 years short by a few weeks)

Post by chaiomkar » Sat Dec 05, 2020 8:52 pm

Thanks Seagul. Do correct me if I'm wrong, taking 18-Jan-2021 as the 5 year anniversary, my wife will be eligible on 21-Dec-2020 (-28 days) and should upload the docs and book Biometrics anytime after that date.

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seagul
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Re: ILR Application for Tier 2 dependant (5 years short by a few weeks)

Post by seagul » Sat Dec 05, 2020 9:14 pm

chaiomkar wrote:
Sat Dec 05, 2020 8:52 pm
Thanks Seagul. Do correct me if I'm wrong, taking 18-Jan-2021 as the 5 year anniversary, my wife will be eligible on 21-Dec-2020 (-28 days) and should upload the docs and book Biometrics anytime after that date.
yes. But in case of using the option of self uploading of documents, she can even start uploading the documents right after of submitting the application until the date or few hours before of the biometric appointment. Also keep an eye on the news update at the ukvcas main web page:

https://www.ukvcas.co.uk/flash-message- ... geId=74833
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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