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Long stay calculation - help needed

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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chpramesh
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Help needed for ILR under 10 years long residence route

Post by chpramesh » Sat Nov 16, 2019 9:15 pm

Dear Friends,

I am on T2 ICT from Oct 2010. My current Visa is valid till Mar-2020(9 years 6 months by Mar-2020) and this can be extended. I dont have any breaks (apart from regular holidays). As I will be completing 10 years of lawful residence by Oct 2020, planning to apply for ILR in this route (10 years long residence route)

My queries are:
1. If my Visa is not extended due to whatever may be the reason, what are the other options for me to get another visa for 6 months, so that I can complete 10 years.
a) Can my wife apply for student visa and can I apply as her dependent? Will this visa counted for my 10 years route?
b) Both my kids have studied here in UK from past 7 years. Can I apply for 30 months visa for my children and can I apply dependent visa? Will this visa counted for my 10 years route?
c) Can my wife apply for enterpunner route by investing in 50k and can I apply as her dependent? Will this visa counted for my 10 years route?
d) Is there any other route?

I know I can change to T2 General (need to find a sponserer). But I am thinking to avoid this route because of various reasons and would like to consider if there is no other choice.

Please advise..

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Re: Help needed for ILR under 10 years long residence route

Post by CR001 » Sat Nov 16, 2019 9:27 pm

ALL visas count for 10 years long residence.

a) Yes if she can get a sponsor and do a course that permits dependents. She has to apply from home country for a tier 4 student visa.

b) How old are your children?? I would avoid this route. FLR(FP) is not an easy visa to get and is frequently refused.

c) Tier 1 Entrepreneur route is closed, so no she cannot apply for this.

d) Start Up or Innovator visa.
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chpramesh
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Re: Help needed for ILR under 10 years long residence route

Post by chpramesh » Sun Nov 17, 2019 2:03 pm

Thanks a lot for your reply. Much appreciated.

My kids are 13 and 9 years old. My daughter is studying year 8 in one of the grammar schools and my son is studying in year 5. Both of them are studying from their reception here in UK.

For Start Up or Innovator visa, can you advise what is the procedure to apply? Can my wife apply from here?

Is there any chance that my wife apply Tier4 student visa from UK? If not, if she apply from my home country now - can me and my childern apply as dependents once she come to UK on her tier 4 visa?

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Re: Help needed for ILR under 10 years long residence route

Post by CR001 » Sun Nov 17, 2019 2:53 pm

For Start Up or Innovator visa, can you advise what is the procedure to apply? Can my wife apply from here?
Only you as the main Tier 2 ICT visa holder can switch. Your dependent would need to apply from home country for either. Note that both require endorsement.

start-up-and-innovator-visas/start-up-v ... 78157.html

start-up-and-innovator-visas/innovator- ... 78156.html
Is there any chance that my wife apply Tier4 student visa from UK?

No,
If not, if she apply from my home country now - can me and my childern apply as dependents once she come to UK on her tier 4 visa?
Yes, if she does a course that qualifies to have dependents your wife can get a CAS. Not all courses for tier 4 allow dependents.
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Re: Help needed for ILR under 10 years long residence route

Post by chpramesh » Fri Nov 22, 2019 6:04 pm

Thanks a lot for your advise. Is there anyone/ firm who can help me in writing the business case/ plan for startup Visa?

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Re: Help needed for ILR under 10 years long residence route

Post by CR001 » Fri Nov 22, 2019 8:08 pm

chpramesh wrote:
Fri Nov 22, 2019 6:04 pm
Thanks a lot for your advise. Is there anyone/ firm who can help me in writing the business case/ plan for startup Visa?
You will need to research that yourself. Members are not permitted to post names and details of companies on the forum.
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Dependent ILR enquiry who arrived 10 months later than the main applicant

Post by chpramesh » Mon May 11, 2020 9:51 pm

Dear Friends,

Need some advice here. I am currently on T2 ICT visa and will be completing 10 years by Oct'2020 when I will be eligible to apply for ILR. My family (wife and 2 children) joined with me in the UK after 10 months of my arrival. This means they will be completing 10 years only by Jul'2021.

If I apply for ILR as soon as I complete my 10 years; should my family apply as dependents on my ILR or can they continue as PBS dependents? Secondly, once I attain my ILR, can they apply for ILR (as my dependents) before completing their 10 years? What is the best way? Please advise.

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Re: Dependent ILR enquiry who arrived 10 months later than the main applicant

Post by zimba » Tue May 12, 2020 1:27 am

They are expected to switch from PBS route to the family route. If they simply want to apply for SET(LR) and do not want to travel, they can stay under PBS until October and then apply for SET(LR)
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Re: Dependent ILR enquiry who arrived 10 months later than the main applicant

Post by chpramesh » Tue May 12, 2020 10:08 am

Thanks a lot for your reply. Does this mean, they can apply for ILR in October though they completed just over 9 years without waiting their 10 years to complete ?

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Re: Dependent ILR enquiry who arrived 10 months later than the main applicant

Post by zimba » Tue May 12, 2020 4:01 pm

chpramesh wrote:
Tue May 12, 2020 10:08 am
Thanks a lot for your reply. Does this mean, they can apply for ILR in October though they completed just over 9 years without waiting their 10 years to complete ?
They can apply within 28 days of completing their 10 years
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Re: Dependent ILR enquiry who arrived 10 months later than the main applicant

Post by chpramesh » Tue May 12, 2020 8:21 pm

Thanks. It is my question as well. On what visa my family should have between the period from I changed my T2 visa to ILR i.e., from Oct 2020 till they complete 10nyears i.e., Jul 2021.

Do I need to apply for dependent Visa for them on my ILR for this period? Or can they live in UK on their existing visa i.e., existing PBS dependent visa. If I need to apply for another visa, do I need to pay the fees again?

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Re: Dependent ILR enquiry who arrived 10 months later than the main applicant

Post by secret.simon » Tue May 12, 2020 8:25 pm

chpramesh wrote:
Tue May 12, 2020 8:21 pm
Do I need to apply for dependent Visa for them on my ILR for this period? Or can they live in UK on their existing visa i.e., existing PBS dependent visa.
@Zimba has already answered this question.
chpramesh wrote:
Tue May 12, 2020 8:21 pm
If I need to apply for another visa, do I need to pay the fees again?
Yes. You will have to pay the full fees and IHS for another two and a half year visa, for wife and any dependents.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

chpramesh
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Re: Dependent ILR enquiry who arrived 10 months later than the main applicant

Post by chpramesh » Tue May 12, 2020 9:04 pm

Hi, Thanks for your reply. In fact it is only for 10 months. From Oct2020 to Jul2020. How long can they live on existing visa ? I mean if I apply for my ILR in Feb 2021 (instead of Oct'2020), can they live in UK till they complete their 10 years i.e. Jul2021 i.e, 4 to 5 months ? Can I avoid paying additional fees and IHS by just moving my application right ?

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Re: Dependent ILR enquiry who arrived 10 months later than the main applicant

Post by zimba » Wed May 13, 2020 2:11 am

Zimba wrote:
Tue May 12, 2020 1:27 am
They are expected to switch from PBS route to the family route. If they simply want to apply for SET(LR) and do not want to travel, they can stay under PBS until October and then apply for SET(LR)
????????????
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chpramesh
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Long stay calculation - help needed

Post by chpramesh » Tue Sep 15, 2020 4:37 pm

Hi,

Can you please help on how to calculate 10 years long residency stay? Is it from the day I landed or the day I got my Visa stamped?

I got my visa stamped in Mar'2010 and I landed in UK in Jul'2010. My question is can I apply for ILR in Feb'2020 or do I need to wait till June'2020?

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Re: Long stay calculation - help needed

Post by ajitu92 » Tue Sep 15, 2020 5:12 pm

Date of entry - so July 2010. Would be helpful to post your full immigration history
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Re: Long stay calculation - help needed

Post by CR001 » Tue Sep 15, 2020 5:16 pm

Topics merged!!!
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