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query on ILR Set O applictaion form

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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newuser79
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Tier 2 Migrant to ILR ( self and dependent children). Kindly Advice

Post by newuser79 » Tue Jun 09, 2020 10:48 am

Hello Seniors/Moderators,

I have asked some of the queries below but I wasnt sure if I had to continue on the same query or ask a new query.

I am on Tier 2 general ( SOC ) with my 2 dependent children ( currently aged 15 and 19 ). My 5 year visa started Sept 25 2015 and expiring October 25 2020 ( as per our BRP ). we entered UK on 3rd October 2015.We all are Indian Nationals.

I've read the guidance but just wanted to double check with knowledgeable people in this forum.

As per the advise I received on this forum, I will be making one SET(O) application online and include my 2 dependents ( aged 19 and 15) on the same application form. We have also taken our LIUK test and english GESE B1 english test from Trinity ( just myself and my 19 yr old son )

My queries:

1- I read on the guidance we all can apply for ILR 28 days before. so Can I apply on Friday August 28th 2020? For some very important personal reasons we want to apply on 28th August 2020 on super priority visa service. I just want to ensure I wont be rejected for applying too soon.

2- My first husband died few years ago. on the application form for my dependent children do I have to fill in the details of my second husband as parent 2 and say he is their stepfather. I would prefer to leave it empty as my second husband has no legal responsibilities to my children.

3- when I get a letter from my employer ( school ) do I have to get a letter confirming all the days I took leave since 2015. I am a teacher and I have no paid leave or paid Annual leave other than school holidays every term. so I am not sure if there is a template i need to follow

Thanks for your help and time with this

Regards,
newuser79

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Re: Tier 2 Migrant to ILR ( self and dependent children). Kindly Advice

Post by CR001 » Tue Jun 09, 2020 10:53 am

1- I read on the guidance we all can apply for ILR 28 days before. so Can I apply on Friday August 28th 2020? For some very important personal reasons we want to apply on 28th August 2020 on super priority visa service. I just want to ensure I wont be rejected for applying too soon.
You can apply no sooner than within 28 days before the 5th anniversary of the initial visa issue date. This applies to each applicant. If their visa issue date is different, they cannot apply with you.
2- My first husband died few years ago. on the application form for my dependent children do I have to fill in the details of my second husband as parent 2 and say he is their stepfather. I would prefer to leave it empty as my second husband has no legal responsibilities to my children.
You need to complete whatever is asked for in the form.
3- when I get a letter from my employer ( school ) do I have to get a letter confirming all the days I took leave since 2015. I am a teacher and I have no paid leave or paid Annual leave other than school holidays every term. so I am not sure if there is a template i need to follow
You need an absence letter for the whole 5 years yes. Note it is absence outside the UK that is relevant.
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Re: Tier 2 Migrant to ILR ( self and dependent children). Kindly Advice

Post by newuser79 » Tue Jun 09, 2020 12:37 pm

CR001 wrote:
Tue Jun 09, 2020 10:53 am
1- I read on the guidance we all can apply for ILR 28 days before. so Can I apply on Friday August 28th 2020? For some very important personal reasons we want to apply on 28th August 2020 on super priority visa service. I just want to ensure I wont be rejected for applying too soon.
You can apply no sooner than within 28 days before the 5th anniversary of the initial visa issue date. This applies to each applicant. If their visa issue date is different, they cannot apply with you.
2- My first husband died few years ago. on the application form for my dependent children do I have to fill in the details of my second husband as parent 2 and say he is their stepfather. I would prefer to leave it empty as my second husband has no legal responsibilities to my children.
You need to complete whatever is asked for in the form.
3- when I get a letter from my employer ( school ) do I have to get a letter confirming all the days I took leave since 2015. I am a teacher and I have no paid leave or paid Annual leave other than school holidays every term. so I am not sure if there is a template i need to follow
You need an absence letter for the whole 5 years yes. Note it is absence outside the UK that is relevant.

Thank you CROO1 for your response.

1- Thanks for your reply. All our visa start and end dates are same. Its expiring on the 25th Oct 2020. It was issued on the 25th Sept 2015. I am glad to know we all can apply and attend the interview on 28th August 2020. I was worried and wasnt sure if we can apply on 28th August 2020. I thought we would only be eligible by 29th August 2020.

2- On 2 my only query was do I have to say my husband as my child's parent. or do i just say my son doesnt have a father. This is my confusion. ( note my husband has no legal responsibilities on my children)

3- Ok I will get a letter mentioned my absences from UK. I went out of Uk only twice for a week. so it must be easy to get fro m my employer.

Thanks again

Regards,
newuser79

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Re: Tier 2 Migrant to ILR ( self and dependent children). Kindly Advice

Post by CR001 » Tue Jun 09, 2020 12:55 pm

1- Thanks for your reply. All our visa start and end dates are same. Its expiring on the 25th Oct 2020. It was issued on the 25th Sept 2015. I am glad to know we all can apply and attend the interview on 28th August 2020. I was worried and wasnt sure if we can apply on 28th August 2020. I thought we would only be eligible by 29th August 2020.
There is no 'interview'. You must only apply online when you are within the 28 days, note it is WITHIN 28 days. It does not have to be exactly 28 days before. The biometric appointment at UKCVAS is irrelevant to this.

https://www.timeanddate.com/date/datead ... ad=28&rec=
2- On 2 my only query was do I have to say my husband as my child's parent. or do i just say my son doesnt have a father. This is my confusion. ( note my husband has no legal responsibilities on my children)
If the form asks you need to state the other parents details. If you need to, add a note that he is deceased. Presumably this was all declared in previous applications otherwise the children would not have received a PBS Dependent visa.
3- Ok I will get a letter mentioned my absences from UK. I went out of Uk only twice for a week. so it must be easy to get fro m my employer.
Sample in link below.

indefinite-leave-to-remain/employer-let ... 52143.html
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Re: Tier 2 Migrant to ILR ( self and dependent children). Kindly Advice

Post by newuser79 » Tue Jun 09, 2020 1:12 pm

CR001 wrote:
Tue Jun 09, 2020 12:55 pm
1- Thanks for your reply. All our visa start and end dates are same. Its expiring on the 25th Oct 2020. It was issued on the 25th Sept 2015. I am glad to know we all can apply and attend the interview on 28th August 2020. I was worried and wasnt sure if we can apply on 28th August 2020. I thought we would only be eligible by 29th August 2020.
There is no 'interview'. You must only apply online when you are within the 28 days, note it is WITHIN 28 days. It does not have to be exactly 28 days before. The biometric appointment at UKCVAS is irrelevant to this.

https://www.timeanddate.com/date/datead ... ad=28&rec=
2- On 2 my only query was do I have to say my husband as my child's parent. or do i just say my son doesnt have a father. This is my confusion. ( note my husband has no legal responsibilities on my children)
If the form asks you need to state the other parents details. If you need to, add a note that he is deceased. Presumably this was all declared in previous applications otherwise the children would not have received a PBS Dependent visa.
3- Ok I will get a letter mentioned my absences from UK. I went out of Uk only twice for a week. so it must be easy to get fro m my employer.
Sample in link below.

indefinite-leave-to-remain/employer-let ... 52143.html
Thanks again CROO1 for your quick reply. The answers are very clear.

1- sorry I misquoted - not an interview. I meant to say UKVCAS appointment.

I was assuming once we fill in the SET(O) application form online for all of us, we will have to pay the fees online and then book the appointment for super priority service. I meant if we need the ILR visa by 3rd sept 2020 we have to pay for the super priority visa option and get an appointment with UKVCAS on 28th August 2020. I believe on this day of appointment they will get the Biometric done and also give us a decision on our ILR. is my assumption incorrect.

2- Yes I already declared my first husband was deceased during our initial application. so in this application what do I say in the field of parent 2 details. Do i give details of my deceased husband or my second husband whom I married in 2016. sorry if I am not being clear.

3- Thanks for the template. Extremely helpful

Sincerely,
newuser79

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Re: Tier 2 Migrant to ILR ( self and dependent children). Kindly Advice

Post by newuser79 » Wed Jun 10, 2020 8:26 pm

Hello Seniors,

Is my assumption below correct:

I was assuming once we fill in the SET(O) application form online for myself and my 2 dependents on the same application form, we will have to pay the fees online. Once we have paid the fees I assume it will let us book the appointment for super priority service.( if the UKVCAS service goes back to normal). Is my assumption correct?

How many days in advance would it let us book the appointment for super priority service on UKVACS website? Example if i want the appointment on 28th August 2020 is it too early to look for appointments in the 1st week of July 2020?

On the day of appointment they will get the Bio metrics done and also give us a decision on our ILR with in 1-2 working days. ( if everything goes smooth with our application)

Am I right in my assumptions?

please could someone share their experience

Thanks,
Newuser79

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Re: Tier 2 Migrant to ILR ( self and dependent children). Kindly Advice

Post by CR001 » Wed Jun 10, 2020 8:35 pm

I was assuming once we fill in the SET(O) application form online for myself and my 2 dependents on the same application form, we will have to pay the fees online. Once we have paid the fees I assume it will let us book the appointment for super priority service.( if the UKVCAS service goes back to normal). Is my assumption correct?
Yes, however note that super priority service is currently suspended and not available. You can't upgrade to super priority after you have applied and paid online.
How many days in advance would it let us book the appointment for super priority service on UKVACS website? Example if i want the appointment on 28th August 2020 is it too early to look for appointments in the 1st week of July 2020?
You can only see and book an appointment after you have submitted and paid online for set o.
On the day of appointment they will get the Bio metrics done and also give us a decision on our ILR with in 1-2 working days. ( if everything goes smooth with our application)
The ukcvas appointment is only for identity check and biomterics. They do not decide your application as ukcvas is a third party agent. Ukvi processes and makes the decision. If you can get super priority, it is also not guaranteed to give you a decision within 24 hours.
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Re: Tier 2 Migrant to ILR ( self and dependent children). Kindly Advice

Post by newuser79 » Wed Jun 10, 2020 10:13 pm

Thanks CR001.

I will fill the application form and see what options I get.

Thanks for your help!

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Re: Tier 2 Migrant to ILR ( self and dependent children). Kindly Advice

Post by newuser79 » Thu Jun 11, 2020 10:24 pm

Hello Seniors,

Quick query. I Have read the guidance and need some clarity

Apart from the passports and Biometric Cards of my dependent children what documents do I have to submit/attach

I will also be submitting the LIUK and B1 test details for english language of my dependents ( only for my 19 yr old ).

My adult son( 19 yr ) old lives with me and he is single. so I can provide his bank statement and Provisional Driving licence as a proof that he lives with me.

Are there any other mandatory documents I need to submit as part of the SET(O) application.

I dont want to miss any mandatory documents. I want to prepare if there are any other documents i need to submit/attach.

Thanks,
newuser79

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Re: Tier 2 Migrant to ILR ( self and dependent children). Kindly Advice

Post by newuser79 » Mon Jun 15, 2020 9:47 am

Hello Seniors,

Could one of you please reply my query above at a time of your convenience

Thanks,
newuser79

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Re: Tier 2 Migrant to ILR ( self and dependent children). Kindly Advice

Post by CR001 » Mon Jun 15, 2020 9:50 am

Your child over 18 also needs to provide evidence that he is not living an independent life. The PBS Dependent guidance explains what is required. Point 134 and 135 in the guidance.

https://assets.publishing.service.gov.u ... 2-2020.pdf
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Re: Tier 2 Migrant to ILR ( self and dependent children). Kindly Advice

Post by newuser79 » Mon Jun 15, 2020 12:40 pm

Thank you CR001 for your reply. That was very helpful especially the reference to points 134 and 135.

clause 134:
If you are over the age of 16, you should submit the following documentation in support of your
application. Two items from the list below confirming your residential address:
• bank statements; and/or
• credit card bills; and/or
• driving licence; and/or
• NHS Registration document; and/or
• letter from your current school, college or university confirming your address. This must be on
official headed paper and bearing the official stamp of that organisation. It must have been
issued by an authorised official of that organisation.

Will submit the following:

For my adult son ( dependent) we will submit his bank statement for the last 3 months, Driving licence copy and a letter from GP confirming that my son lives in the same address as me. Will make sure to have this letter dated no more than 28 days as per the guidance

Regards
newuser79

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query on ILR Set O applictaion form

Post by newuser79 » Fri Jul 03, 2020 6:18 pm

Hi There,

I have started the SET(O) form for ILR for myself and my 2 children aged 19 and 15. I have added them on to the same application.

I have added my LIUK and english language test details on the SET(O) form. However I see it doesnt give me the option to add the same for my 19 year old son. What do I do?

kindly advice

Thanks,
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Re: query on ILR Set O applictaion form

Post by CR001 » Fri Jul 03, 2020 6:36 pm

Topics merged!!
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Re: query on ILR Set O applictaion form

Post by CR001 » Fri Jul 03, 2020 6:37 pm

newuser79 wrote:
Fri Jul 03, 2020 6:18 pm
Hi There,

I have started the SET(O) form for ILR for myself and my 2 children aged 19 and 15. I have added them on to the same application.

I have added my LIUK and english language test details on the SET(O) form. However I see it doesnt give me the option to add the same for my 19 year old son. What do I do?

kindly advice

Thanks,
newuser79
Simply upload with the supporting documents.
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Re: query on ILR Set O applictaion form

Post by newuser79 » Sat Jul 04, 2020 9:11 am

Thank you CR001. We will simply upload with the other supporting documents for my 19 yr old son. I am not worried anymore for not seeing this option for my sons application.

But UKVCAS should have made it more clear on the SET(O) application and automatically given the option for dependents over 18. But who are we to say!!

Thanks again CR001

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Re: query on ILR Set O applictaion form

Post by newuser79 » Mon Jul 06, 2020 8:29 am

Hello Seniors/Moderators,

Some more queries when I am on the last step of my application for SET(O). Please can you advice/answer my queries at a time of your convenience seniors/moderators

I am planning to make an application for SET(0) end of Aug 2020. My current Tier 2 visa expires last week of Oct 2020.

1- Can I make an application online for SET(O) end of August and travel 1st week of Sept Out of UK and come back 1 week before my visa expires. will this be accepted?

2- While I travel outside UK can I leave my dependents in UK

3- If I travel outside UK and unable to come back in to UK due to Travel restrictions/flight restrictions will they allow me back in to UK without a visa after last week of Oct 2020. I guess they will not

4- Finally if I apply for SET(O) in Aug 2020 and for whatever reasons my SET(0) is rejected ( after 6-9 months time ) will I be given time to extend my current Tier 2 Visa with my existing employer instead of leaving the UK with my 2 dependents? I dont see any reason why they can reject my visa however just wanted to know what happens in case so that i am mentally prepared

5- My visa expires last week of October 2020. so I am planning to wait until 15th Oct 2020 to apply for my SET(O) with an expectation that super priority service will open. do you think its a good idea? kindly advice.I want to travel outside UK to see my terminally ill relative and I dont want to wait for approx 6-12 months to get my ILR.

Kindly advice

Thanks,
newuser79

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Re: query on ILR Set O applictaion form

Post by CR001 » Mon Jul 06, 2020 8:40 am

1- Can I make an application online for SET(O) end of August and travel 1st week of Sept Out of UK and come back 1 week before my visa expires. will this be accepted?
You cannot travel out of the UK while you have an application pending with HO. It will be considered withdrawn and you likely lose your fee.
2- While I travel outside UK can I leave my dependents in UK
Yes, again, the same applies. All applications will be considered withdrawn as your dependents cannot qualify for ILR if you don't.
3- If I travel outside UK and unable to come back in to UK due to Travel restrictions/flight restrictions will they allow me back in to UK without a visa after last week of Oct 2020. I guess they will not
No, you will have no way to return if your visa has expired other than applying for a new entry clearance visa again and on Tier 2, you might be subject to the 12 month cooling off period if this happens.
4- Finally if I apply for SET(O) in Aug 2020 and for whatever reasons my SET(0) is rejected ( after 6-9 months time ) will I be given time to extend my current Tier 2 Visa with my existing employer instead of leaving the UK with my 2 dependents? I dont see any reason why they can reject my visa however just wanted to know what happens in case so that i am mentally prepared
Possibly, usually you only have 14 days, provided you have not reached the maximum time you are allowed to hold a tier 2, ie. 6 years.
5- My visa expires last week of October 2020. so I am planning to wait until 15th Oct 2020 to apply for my SET(O) with an expectation that super priority service will open. do you think its a good idea? kindly advice.I want to travel outside UK to see my terminally ill relative and I dont want to wait for approx 6-12 months to get my ILR.
Only you can make this decision. No one knows when super priority will be available and also not that super priority service is NOT a guarantee either. It rarely take '6-12 months' to get a decision through standard service.
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Re: query on ILR Set O applictaion form

Post by newuser79 » Mon Jul 06, 2020 12:49 pm

Thanks again CR001.

I will forget the idea of going outside UK until i get ILR( fingers crossed )

I wasn't aware of the tier 2 visa limit of 6 years. In case my ILR is refused I will ensure/be prepared to apply for Tier 2 Extension with in 14 days and will do it before 25 Sept 2021( my 6 yrs of UK visa is finished on this day). But I hope I dont have to go through this route.

I completely agree we dont know how long its going to take. But good to know rarely it takes more than 6-8 months. so I will see in Mid August the covid situation and take it from there. I am now getting clarity on what I am going to/should do with your help.

From my earlier queries I understand I can apply for ILR on or after 28th Aug 2020. My visa was issued 25th Sept 2015.

However my query is can I make the application ( normal) and pay online 15th August 2020 and delay getting my appointment for Biometrics at UKVCAS on or after 28th August 2020. Will this be accepatble?

I read on this forum that the date you give biometrics is the date of your application. Is that correct?

Thanks,
newuser79

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Re: query on ILR Set O applictaion form

Post by CR001 » Mon Jul 06, 2020 1:00 pm

However my query is can I make the application ( normal) and pay online 15th August 2020 and delay getting my appointment for Biometrics at UKVCAS on or after 28th August 2020. Will this be accepatble?
Should be ok.
I read on this forum that the date you give biometrics is the date of your application. Is that correct?
No, this was relevant to the old PSC centres where your appointment was directly with UKVI. This is not the case anymore as UKCVAS is a third party agent who only do biometrics and identity check before sending your file electronically to UKVI to process.

The date of application is the date you submit and pay online.
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Re: query on ILR Set O applictaion form

Post by newuser79 » Mon Jul 06, 2020 1:08 pm

CR001 wrote:
Mon Jul 06, 2020 1:00 pm
However my query is can I make the application ( normal) and pay online 15th August 2020 and delay getting my appointment for Biometrics at UKVCAS on or after 28th August 2020. Will this be accepatble?
Should be ok.
I read on this forum that the date you give biometrics is the date of your application. Is that correct?
No, this was relevant to the old PSC centres where your appointment was directly with UKVI. This is not the case anymore as UKCVAS is a third party agent who only do biometrics and identity check before sending your file electronically to UKVI to process.

The date of application is the date you submit and pay online.
Thanks CROO1 for your clarifications.

If data of application is the date you submit and pay online- I wont be allowed to do it on or before 28th Aug 2020. My visa was granted 25 Sept 2015 so I cannot apply 15th Aug 2020 and delay my appt with UKVCAS.

so only option I have is apply online and pay online on or after 28th Aug 2020. Am I right?

Thanks,
newuser79

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Re: query on ILR Set O applictaion form

Post by CR001 » Mon Jul 06, 2020 1:35 pm

My visa was granted 25 Sept 2015 so I cannot apply 15th Aug 2020 and delay my appt with UKVCAS.
You could, as long as you are within the qualifying period on the date of decision.
so only option I have is apply online and pay online on or after 28th Aug 2020. Am I right?
I am risk averse, so this would always be my option to be on the safe side.
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Re: query on ILR Set O applictaion form

Post by newuser79 » Tue Jul 07, 2020 9:22 am

CR001 wrote:
Mon Jul 06, 2020 1:35 pm
My visa was granted 25 Sept 2015 so I cannot apply 15th Aug 2020 and delay my appt with UKVCAS.
You could, as long as you are within the qualifying period on the date of decision.
so only option I have is apply online and pay online on or after 28th Aug 2020. Am I right?
I am risk averse, so this would always be my option to be on the safe side.
Thank you CROO1. I now understand how this process works.

Assuming normal process will atleast take 4 weeks for a decision so I can even apply by 28 July 2020. But as you mentioned there is always a risk. What if they want to decide sooner like in under 4 weeks- It will be refused.

I will stay safe and not apply before 28 August ( may be by 25th August 2020 )

Thanks again and have a great day !!

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Re: Employer letter confirmation appropriate rate of salary

Post by newuser79 » Mon Jul 13, 2020 3:47 pm

Hello Seniors and members,

Not sure if I am allowed to ask my query in someone's post but I thought its OK since my query is pertinent to employer letter.

I am about to submit my application for SET(O) along with my 2 dependents

They are asking for 2 letters.

1- Letter from employer confirming my absence

2- A document from the sponsor who issued the certificate of sponsorship that led to your last permission to stay as a Tier 2 migrant confirming that you are:

still required for the employment in question for the foreseeable future, and in the case of Tier 2 (General), Tier 2 (Sports Person) and Tier 2 (Intra Company Transfer) migrants this document should also contain:
the nearest applicable SOC code which best describes your employment
your current rate of pay (this should be given in the same format as given in the codes of practice, for example hourly rate or yearly salary), and
confirmation that this is at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors.

Can one of you forward a sample template for these 2 different letters please. I am anxious of making mistakes on my letter and losing my fees. I already created a letter but not sure if its any good. My company isnt sure themselves and are happy to give a letter as long as I give them a template

Can seniors or previous successful applicants help me with templates please

Thanks,
newuser79

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Re: query on ILR Set O applictaion form

Post by zimba » Mon Jul 13, 2020 4:01 pm

Your worries are baseless. There are no such two letters. There is a post on top of the forum regarding the employer letter.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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