Confusion regarding start date on Set O ILR

Natey007 · Post by **Natey007** » Sat Mar 23, 2019 5:05 pm

Hi

Me and my family are applying for ILR. Our BRP will expire next month so definitely will have to submit the application ASAP. I went to see a lawyer to discuss on some questions that I had. I’d say I was happy with nearly all the answers given by the lawyer, except for two questions.

I had read so much on this forum and I thought I got the answer for those questions until the lawyer told me differently.

Prior to the current visa (2013-2019) , we had stayed here for 5 years (2006-2010) before. Both on Tier 2 General visa. Only me working, wife is not. I have 5 children, 3 were born here. Everyone came here on the same date.

For the question asking for the “Date first entered into UK” ..which date should I use:

- following the previous visa date entry , the first time in 2006 or

- current visa , 2013?

And so for my sons who were born here, for the same question, do I use their dates of birth or their BRP date?

I read before on this forum for almost similiar situation,
people were advised to use date on current visa entry. But the lawyer said I should use the date of entry on the previous older visa. She asked to prepare a letter explaining the entry dates for both of the visas and attached it with the application.

Another thing ,for the question , “Do you have any Home Office Reference numbers?”, does it mean a COS
(Certificate of Sponsorship) reference number? Or the visa reference numbers? The lawyer said these are the visa’s and I should include reference numbers from both of my visas. The problem is I only have COS reference numbers and not the visa’s. Not really sure where to get these visa reference numbers from.

So, I’m confused.

I really appreciate if anyone could help me clarify this for me.

Thank you very much.

Nt.

Evicra · Post by **Evicra** » Sat Mar 23, 2019 5:43 pm

For the question asking for the “Date first entered into UK” ..which date should I use:

- following the previous visa date entry , the first time in 2006 or

- current visa , 2013?

Entry date Question is traight forward .
you should enter the date you First entered in UK which should be first time in 2006. I entered my first date of entry

And so for my sons who were born here, for the same question, do I use their dates of birth or their BRP date?
in my view its the date of birth
and if you can explain it in letter that they were born here in UK

Another thing ,for the question , “Do you have any Home Office Reference numbers?”,

These should be the refrence numbers that you were issued by home office in side UK.

gurus would explain it to you in details

CULLINAN · Post by **CULLINAN** » Sat Mar 23, 2019 6:12 pm

Natey007 wrote: ↑
Sat Mar 23, 2019 5:05 pm
Hi

Me and my family are applying for ILR. Our BRP will expire next month so definitely will have to submit the application ASAP. I went to see a lawyer to discuss on some questions that I had. I’d say I was happy with nearly all the answers given by the lawyer, except for two questions.

I had read so much on this forum and I thought I got the answer for those questions until the lawyer told me differently.

Prior to the current visa (2013-2019) , we had stayed here for 5 years (2006-2010) before. Both on Tier 2 General visa. Only me working, wife is not. I have 5 children, 3 were born here. Everyone came here on the same date.

For the question asking for the “Date first entered into UK” ..which date should I use:

- following the previous visa date entry , the first time in 2006 or

- current visa , 2013?

And so for my sons who were born here, for the same question, do I use their dates of birth or their BRP date?

I read before on this forum for almost similiar situation,
people were advised to use date on current visa entry. But the lawyer said I should use the date of entry on the previous older visa. She asked to prepare a letter explaining the entry dates for both of the visas and attached it with the application.

Another thing ,for the question , “Do you have any Home Office Reference numbers?”, does it mean a COS
(Certificate of Sponsorship) reference number? Or the visa reference numbers? The lawyer said these are the visa’s and I should include reference numbers from both of my visas. The problem is I only have COS reference numbers and not the visa’s. Not really sure where to get these visa reference numbers from.

So, I’m confused.

I really appreciate if anyone could help me clarify this for me.

Thank you very much.

Nt.

1) If you read the question closely it clearly says “based on the current application”. Date of entry based on your 5 years qualifying period you are basing your ILR application on i.e. 2013

2) This is not important. It says (if known). It is the HO Case IDs that is the reference numbers for your previous history. If you have it, good. If not, dont worry.

3) Why are you applying ILR for UK born children? You can register them as British Citizen after your ILR is sorted. What are their ages??

Natey007 · Post by **Natey007** » Sat Mar 23, 2019 7:22 pm

Thank you for the replies. Even though I have to admit I’m still confused.

(I’m a newbie, dont know how to reply individually).

For the first question, Evicra and Tier11417 gave two conflicting answers. One - date of first visa entry and the other, second visa entry.

As for replying to Tier11417’s question regarding the ILR for my Uk born children, I have to say this is the first time i ever heard about this. I thought since they are my dependants, I will have to apply for their ILR at the same time as mine. Can i find explanation for this in the Home Office’s website? Of if you dont mind, Tier11417, I really appreciate if you could give me a link to this statement. My children are 19, 17, 13, 9 and 2.

By the way, me and my family are holding malaysian passports.

Thank you again for the reply.

CULLINAN · Post by **CULLINAN** » Sat Mar 23, 2019 7:46 pm

Not sure what more you need for confirmation

CULLINAN · Post by **CULLINAN** » Sat Mar 23, 2019 7:48 pm

If your children are UK born you can register them as British Citizen after one of the parent gets ILR before they are 18 years old.

https://www.gov.uk/government/publicati ... 1-guidance

Natey007 · Post by **Natey007** » Sat Mar 23, 2019 8:04 pm

Thank you for the reply and the link.

I’m sorry if I asked and needed more clarification. £16K is a LOT of money. Since I can’t afford to pay for the lawyer’s fees, I surely like to get all the necessary information and be confirmed that my application will not be rejected and £16K gone down the drain.

Thank you again for taking time to reply. Appreciate it.

Natey007 · Post by **Natey007** » Sat Mar 23, 2019 8:21 pm

I’m sorry, one more question.

My UK born children’s BRP will also expire next month. If it’s just me, my wife and my 2 older children apply for settlement, will it be a problem for them (my UK born ones) after their BRP expired? As I’m aware, the application can take a long time. So before my settlement status is confirmed and I can apply for their settlement, they would be living here with expired BRP.

Sorry again if i’m asking too much.

Thank you.

CR001 · Post by **CR001** » Sat Mar 23, 2019 8:37 pm

It has no effect on your UK born children to register as British even if their visas have expired. They have an entitlement to register as British under Section 1(3) of the British Nationality Act once EITHER parent is granted ILR.

Your 13 year old will be subject to the Good Character requirement though but there shouldn't be an issue.

For your born abroad children, you need to apply for ILR. Don't forget the 19 year old will need English B1 and LIUK.

Natey007 · Post by **Natey007** » Sat Mar 23, 2019 8:48 pm

Thank you very much CR001 for clearing that up. I really appreciate it.

If you dont mind, I would really appreciate if you could answer this question - date of first entry. Do i use my first entry date in 2006 or the second entry in 2013?

Many many thanks.

Natey007 · Post by **Natey007** » Sun Mar 24, 2019 7:57 am

tier11417 wrote: ↑
Sat Mar 23, 2019 7:46 pm
Not sure what more you need for confirmation

You do not have the required permissions to view the files attached to this post.

I couldn’t see the attachment Tier11417 attached with his post yesterday, but it came out for awhile before the above “no permission to view..” message comes out again.

But the attachment does show exactly what Tier11417 said before - the start date is basing from the current application. So i guess the date of the new visa it is.

Thank you again for everyone who took the time and reply. Appreciate it very much.

CULLINAN · Post by **CULLINAN** » Sun Mar 24, 2019 12:42 pm

Please dont hire that particular lawyer.

Btw what is your current visa 2013 one? What category is it?

Natey007 · Post by **Natey007** » Sun Mar 24, 2019 2:40 pm

tier11417 wrote: ↑
Sun Mar 24, 2019 12:42 pm
Please dont hire that particular lawyer.

Btw what is your current visa 2013 one? What category is it?

No we won’t.

Our current visa 2013 is Tier 2 general. Same like the previous one’s.

CULLINAN · Post by **CULLINAN** » Sun Mar 24, 2019 2:48 pm

Natey007 wrote: ↑
Sun Mar 24, 2019 2:40 pm

tier11417 wrote: ↑
Sun Mar 24, 2019 12:42 pm
Please dont hire that particular lawyer.

Btw what is your current visa 2013 one? What category is it?
No we won’t.

Our current visa 2013 is Tier 2 general. Same like the previous one’s.

Are you going for super priority or standard service?

CULLINAN · Post by **CULLINAN** » Sun Mar 24, 2019 2:56 pm

Some useful things to note:

1) You are eligible to apply for ILR: 5th anniversary from initial visa date minus 28 days. Pay and submit your application ONLY when you are in the qualifying period as the date of online application submission is the date of application. (many people do this mistake after the new system rolled out)

2) As CR001 advised, your 19 year old needs English Requirement and LIUK. If your 17 year old is 18 on the date of application he/she will require both also. Make sure your 17 year old is not turning 18 on date of application.

3) Apply for ILR for yourself, your partner, 17 and 19 year old.

4) Register your three children as British Citizen after you get your ILR. HO will most likely ask you why you did not apply for your three other children. To save time and delay, add a cover letter with your application and state you will register your three UK born children as BC after you get ILR. CR001 has stated the exact provision in law you can state as above.

If you have any more questions feel free to ask. The moderators on this forum are far better than many lawyers. All members will try to help.

Goodluck.

Natey007 · Post by **Natey007** » Sun Mar 24, 2019 3:05 pm

tier11417 wrote: ↑
Sun Mar 24, 2019 2:48 pm

Natey007 wrote: ↑
Sun Mar 24, 2019 2:40 pm

tier11417 wrote: ↑
Sun Mar 24, 2019 12:42 pm
Please dont hire that particular lawyer.

Btw what is your current visa 2013 one? What category is it?
No we won’t.

Our current visa 2013 is Tier 2 general. Same like the previous one’s.
Are you going for super priority or standard service?

I can only afford to pay for the standard service right now. If I can find the extra money, I’d pay for the lawyer to do it for us. But money is tight, hence I’m here asking questions.

CULLINAN · Post by **CULLINAN** » Sun Mar 24, 2019 3:09 pm

Natey007 wrote: ↑
Sun Mar 24, 2019 3:05 pm

tier11417 wrote: ↑
Sun Mar 24, 2019 2:48 pm

Natey007 wrote: ↑
Sun Mar 24, 2019 2:40 pm

tier11417 wrote: ↑
Sun Mar 24, 2019 12:42 pm
Please dont hire that particular lawyer.

Btw what is your current visa 2013 one? What category is it?
No we won’t.

Our current visa 2013 is Tier 2 general. Same like the previous one’s.
Are you going for super priority or standard service?

I can only afford to pay for the standard service right now. If I can find the extra money, I’d pay for the lawyer to do it for us. But money is tight, hence I’m here asking questions.

Because money matters. You have an option to apply for ONLY yourself first. You can use super priority for youself if you wish and use the start of the 28 days window. You will most likely get a decision within 24 hours (some people wait longer though). After you get your decision you will have peace of mind and apply standard service for your partner, 19 and 17 year old (this way you will pay £610 extra but risk-free costs of 3 dependents). Note you have to apply for them before their visa expiry though.

This way you will be able to register your other children as BC also saving time as you will have your ILR.

Just a suggestion, ofcourse decision is yours.

Natey007 · Post by **Natey007** » Sun Mar 24, 2019 3:22 pm

tier11417 wrote: ↑
Sun Mar 24, 2019 2:56 pm
Some useful things to note:

1) You are eligible to apply for ILR: 5th anniversary from initial visa date minus 28 days. Pay and submit your application ONLY when you are in the qualifying period as the date of online application submission is the date of application. (many people do this mistake after the new system rolled out)

We will be here exactly 6 years on 13 April next month. When you said ,

“..minus 28 days”. Does it mean we should apply 28 days before 13 April? It’s 20 days from now to 13 April! I really hope I got your point wrong here.

2) As CR001 advised, your 19 year old needs English Requirement and LIUK. If your 17 year old is 18 on the date of application he/she will require both also. Make sure your 17 year old is not turning 18 on date of application.

The 19 year old child has passed his English test and also LIUT. The 17 one has just turned 17 today.

3) Apply for ILR for yourself, your partner, 17 and 19 year old.

4) Register your three children as British Citizen after you get your ILR. HO will most likely ask you why you did not apply for your three other children. To save time and delay, add a cover letter with your application and state you will register your three UK born children as BC after you get ILR. CR001 has stated the exact provision in law you can state as above.

If you have any more questions feel free to ask. The moderators on this forum are far better than many lawyers. All members will try to help.

Good to know that. Just can’t express my gratitude enough for all the inputs. Thank you very much

Goodluck.

Natey007 · Post by **Natey007** » Sun Mar 24, 2019 3:31 pm

tier11417 wrote: ↑
Sun Mar 24, 2019 3:09 pm

Natey007 wrote: ↑
Sun Mar 24, 2019 3:05 pm

tier11417 wrote: ↑
Sun Mar 24, 2019 2:48 pm

Natey007 wrote: ↑
Sun Mar 24, 2019 2:40 pm

No we won’t.

Our current visa 2013 is Tier 2 general. Same like the previous one’s.
Are you going for super priority or standard service?

I can only afford to pay for the standard service right now. If I can find the extra money, I’d pay for the lawyer to do it for us. But money is tight, hence I’m here asking questions.
Because money matters. You have an option to apply for ONLY yourself first. You can use super priority for youself if you wish and use the start of the 28 days window. You will most likely get a decision within 24 hours (some people wait longer though). After you get your decision you will have peace of mind and apply standard service for your partner, 19 and 17 year old (this way you will pay £610 extra but risk-free costs of 3 dependents). Note you have to apply for them before their visa expiry though.

This way you will be able to register your other children as BC also saving time as you will have your ILR.

Just a suggestion, ofcourse decision is yours.

This is actually a very good suggestion. Since yesterday, I’ve learnt a lot from this forum especially from your response. There are options that I never thought I had before. Need to find a good lawyer now then, dont I?

CULLINAN · Post by **CULLINAN** » Sun Mar 24, 2019 4:03 pm

What is the issue date in 2013?

To be honest, its upto you if you want to spend your money on a lawyer.
If you search this forum, many members have posted their documents/experiences/questions regarding Tier 2 General. If you want, you can benefit from them, read the guidance and the new online form is pretty simple.

CULLINAN · Post by **CULLINAN** » Sun Mar 24, 2019 4:14 pm

If I am not wrong you can stay a max of 6 years on Tier 2 G visa. I will let CR001 answer when you should apply. I think you already are eligible to apply but let her confirm.

CR001 · Post by **CR001** » Sun Mar 24, 2019 4:23 pm

tier11417 wrote: ↑
Sun Mar 24, 2019 4:14 pm
If I am not wrong you can stay a max of 6 years on Tier 2 G visa. I will let CR001 answer when you should apply. I think you already are eligible to apply but let her confirm.

Correct. But only relevant to main tier 2 visa holder. The 6 year cap does not apply to dependents.

CULLINAN · Post by **CULLINAN** » Sun Mar 24, 2019 4:31 pm

CR001 wrote: ↑
Sun Mar 24, 2019 4:23 pm

tier11417 wrote: ↑
Sun Mar 24, 2019 4:14 pm
If I am not wrong you can stay a max of 6 years on Tier 2 G visa. I will let CR001 answer when you should apply. I think you already are eligible to apply but let her confirm.
Correct. But only relevant to main tier 2 visa holder. The 6 year cap does not apply to dependents.

Thanks

CULLINAN · Post by **CULLINAN** » Sun Mar 24, 2019 4:41 pm

You will need some extra docs for your 17 year old (16 +) and 19 year old (independent life)

Read page 41 onwards:

https://assets.publishing.service.gov.u ... .0-EXT.PDF

You also need cohabitation docs for your partner.

Natey007 · Post by **Natey007** » Sun Mar 24, 2019 5:24 pm

tier11417 wrote: ↑
Sun Mar 24, 2019 4:03 pm
What is the issue date in 2013?

To be honest, its upto you if you want to spend your money on a lawyer.
If you search this forum, many members have posted their documents/experiences/questions regarding Tier 2 General. If you want, you can benefit from them, read the guidance and the new online form is pretty simple.

Ok. On the passport, issue date is 24 April 2013.
On the BRP, issue date is 13 April 2013.

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Confusion regarding start date on Set O ILR

Confusion regarding start date on Set O ILR

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