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Tier-1E, PBS dependent-Supporting documents

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Striker007
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ILR proccessing time

Post by Striker007 » Sun Aug 21, 2022 8:56 pm

Hi admins,

What is ILR proccessing time now a days? And which set of form i should use for Teir-1 dependent ILR ?
My current visa is TEIR-1 Entrepreneur DEPENDENT , 5 years route.
Also can we apply for my son (3 & half year old) ILR or just Teir-1 child visa extension, as my husband got ILR?

Your prompt reply will be helpful.
Thanks.

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zimba
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Re: ILR proccessing time

Post by zimba » Mon Aug 22, 2022 12:39 am

You should apply using form SET(O): https://visas-immigration.service.gov.uk/product/set-o
ILR processing depends on the level of visa service you choose. Super priority within 24 hours (if available) standard (8 weeks to 6 months)

If your son is born in the UK there is no need for ILR as your son is entitled to be registered as a British citizen when your husband got ILR.
If your son is born outside the UK then he will settle with you as children do NOT have a minimum residence requirement for ILR. Simply include him in the same SET(O) application.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Striker007
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Re: ILR proccessing time

Post by Striker007 » Mon Aug 22, 2022 1:42 am

Thank u for your reply dear.
Yes my son is born outside Uk (american nationality) he start living in Uk from January 2019, its mean we can apply / include him in My ILR application ?
Can u please send me any link where theze information is written? Because my husband is bit confused about this.

Many thanks once again.

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zimba
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Re: ILR proccessing time

Post by zimba » Mon Aug 22, 2022 10:55 am

The advice given is based on immigration rules part 8, paragraph 319J(e):
319J. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain under this route, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be the child of a parent who has, or is at the same time being granted, indefinite leave to remain as:
(i) a Relevant Points Based System Migrant or Appendix W Worker, or
(ii) the partner of a Relevant Points Based System Migrant or Appendix W Worker.
(c) The applicant must have, or have last been granted, leave as the child of or have been born in the United Kingdom to, the Relevant Points Based System Migrant or Appendix W Worker, or the partner of a Relevant Points Based System Migrant or Appendix W Worker who is being granted indefinite leave to remain.
(d) The applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life, and if he is over the age of 16 on the date the application is made, he must provide the specified documents and information in paragraph 319H-SD to show that this requirement is met.
(e) Both of an applicant’s parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, unless:
(i) The Relevant Points Based System Migrant or Appendix W Worker is the applicant’s sole surviving parent, or
(ii) The Relevant Points Based System Migrant or Appendix W Worker parent has and has had sole responsibility for the applicant’s upbringing, or
(iii) there are serious and compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for the applicant’s care, or
(iv) One parent is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, the other parent is lawfully present in the UK or being granted leave at the same time as the applicant, and the applicant was granted leave as the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012.

(f) The applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL, unless he is under the age of 18 at the date on which the application is made.
(g) If the applicant is a child born in the UK to a Relevant Points Based System migrant or Appendix W Worker and their partner, the applicant must provide a full UK birth certificate showing the names of both parents.
(h) All arrangements for the child’s care and accommodation in the UK must comply with relevant UK legislation and regulations.
(i) The applicant must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.
https://www.gov.uk/guidance/immigration ... ly-members
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Striker007
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Re: ILR proccessing time

Post by Striker007 » Mon Aug 22, 2022 5:31 pm

Zimba wrote:
Mon Aug 22, 2022 10:55 am
The advice given is based on immigration rules part 8, paragraph 319J(e):
319J. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain under this route, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be the child of a parent who has, or is at the same time being granted, indefinite leave to remain as:
(i) a Relevant Points Based System Migrant or Appendix W Worker, or
(ii) the partner of a Relevant Points Based System Migrant or Appendix W Worker.
(c) The applicant must have, or have last been granted, leave as the child of or have been born in the United Kingdom to, the Relevant Points Based System Migrant or Appendix W Worker, or the partner of a Relevant Points Based System Migrant or Appendix W Worker who is being granted indefinite leave to remain.
(d) The applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life, and if he is over the age of 16 on the date the application is made, he must provide the specified documents and information in paragraph 319H-SD to show that this requirement is met.
(e) Both of an applicant’s parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, unless:
(i) The Relevant Points Based System Migrant or Appendix W Worker is the applicant’s sole surviving parent, or
(ii) The Relevant Points Based System Migrant or Appendix W Worker parent has and has had sole responsibility for the applicant’s upbringing, or
(iii) there are serious and compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for the applicant’s care, or
(iv) One parent is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, the other parent is lawfully present in the UK or being granted leave at the same time as the applicant, and the applicant was granted leave as the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012.

(f) The applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL, unless he is under the age of 18 at the date on which the application is made.
(g) If the applicant is a child born in the UK to a Relevant Points Based System migrant or Appendix W Worker and their partner, the applicant must provide a full UK birth certificate showing the names of both parents.
(h) All arrangements for the child’s care and accommodation in the UK must comply with relevant UK legislation and regulations.
(i) The applicant must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.
https://www.gov.uk/guidance/immigration ... ly-members
Thank u so much for your reply Zimba.
Anyother requirment for ILR just in case if i missed it, plz advice.

Kind regards.

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zimba
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Re: ILR proccessing time

Post by zimba » Mon Aug 22, 2022 5:49 pm

Apply using form SET(O), include the child. You need your BRP, LIUK pass, English language pass at Level B1 and cohabitation documents for the last two years. That is all
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Striker007
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Re: ILR proccessing time

Post by Striker007 » Mon Aug 22, 2022 5:55 pm

Zimba wrote:
Mon Aug 22, 2022 5:49 pm
Apply using form SET(O), include the child. You need your BRP, LIUK pass, English language pass at Level B1 and cohabitation documents for the last two years. That is all
Okies thanks once again.

Professionaly i am Pharmacist so i think i can use my degree as a proof of English Language ? I do have my NARIC certificate as well.
LIUK passed already.
I just checked there is no priority or super priority service for Teir-1 Entrepreneur 50k dependant category, is it right?

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Re: ILR proccessing time

Post by zimba » Mon Aug 22, 2022 11:23 pm

Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Striker007
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Re: ILR queries about financial requirment

Post by Striker007 » Wed Aug 31, 2022 12:20 am

Hi All,
I have some questions about ILR application requirement.
Currently i am on Tier-1 Entrepenuer PBS dependant spouse Visa, came to UK September 2016.

■ I am eligible to apply ILR UNDER 5 YEARS ROUTE , Right ?
■ There is financial requirement for 5 years route?
£18,600 is annual income to prove or is it saving in my account(applicant) or my Husband account?
■ can we show with bussiness account as proof of earning?
■ Also i have done my Pharm-D degree(doctor of pharmacy) from Pakistan, got my Statement of Comparibilty from UK NARIC , which says my degree is equilent to Uk Bachelor.
■Can i use this as proof of my english language or there is any other form i can get from NARIC for ILR VISA ?
■ i will include my son under my application who is 3 & half year, he is getting 30 hours childfree funding. Does this will count as public funding ?
■ what is financial requirement for my child ? Like how much total do we need to show/proof for ILR application, for me & my son?

I will be very thankful if anyone advice me on these issues, i know its a long post, but ur reply will sort my confusions.

Many Thanks.

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zimba
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Re: ILR proccessing time

Post by zimba » Wed Aug 31, 2022 8:20 am

You are mixing things up with the family route. There is no income or financial requirement to qualify for ILR for Tier 1E PBS dependants.
You can use NARIC as before. 30 hours of child care is NOT public funds for ILR holders like your spouse
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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Ticktack
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Re: ILR proccessing time

Post by Ticktack » Wed Aug 31, 2022 9:02 am

Zimba wrote:
Wed Aug 31, 2022 8:20 am
You are mixing things up with the family route. There is no income or financial requirement to qualify for ILR for Tier 1E PBS dependants.
You can use NARIC as before. 30 hours child care is NOT public funds.
30 hours free childcare "IS" public funds.

Your immigration status
To be eligible for 30 hours free childcare, you (or your partner if you have one) must have a National Insurance number and at least one of the following:

British or Irish citizenship
settled or pre-settled status, or you have applied and you’re waiting for a decision
permission to access public funds - your UK residence card will tell you if you cannot do this
No sin in failing, you just have to try and try again!

Striker007
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Re: ILR proccessing time

Post by Striker007 » Wed Aug 31, 2022 9:34 am

Ticktack wrote:
Wed Aug 31, 2022 9:02 am
Zimba wrote:
Wed Aug 31, 2022 8:20 am
You are mixing things up with the family route. There is no income or financial requirement to qualify for ILR for Tier 1E PBS dependants.
You can use NARIC as before. 30 hours child care is NOT public funds.
30 hours free childcare "IS" public funds.

Your immigration status
To be eligible for 30 hours free childcare, you (or your partner if you have one) must have a National Insurance number and at least one of the following:

British or Irish citizenship
settled or pre-settled status, or you have applied and you’re waiting for a decision
permission to access public funds - your UK residence card will tell you if you cannot do this
Thanks for reply.
When i checked Public funds on Gov.uk website it does not include 30 hours childfree care.
My husband got ILR last year & we checked our sons eligibility for 30 hours. Thats y its bit confusing.

Thanks Zimba for your reply as well.
SORRY as i said i am little confused with income requirement but can u plz share a link for Teir 1 E PBS DEPENDENT ILR income requirement ? I woupd be very thankful to u.

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CR001
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Re: ILR proccessing time

Post by CR001 » Wed Aug 31, 2022 9:45 am

Striker007 wrote:
Wed Aug 31, 2022 9:34 am
Thanks Zimba for your reply as well.
SORRY as i said i am little confused with income requirement but can u plz share a link for Teir 1 E PBS DEPENDENT ILR income requirement ? I woupd be very thankful to u.
There is NO income requirement for Tier 1 Dependent applying for ILR!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Ticktack
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Re: ILR proccessing time

Post by Ticktack » Wed Aug 31, 2022 9:49 am

Striker007 wrote:
Wed Aug 31, 2022 9:34 am
Ticktack wrote:
Wed Aug 31, 2022 9:02 am
Zimba wrote:
Wed Aug 31, 2022 8:20 am
You are mixing things up with the family route. There is no income or financial requirement to qualify for ILR for Tier 1E PBS dependants.
You can use NARIC as before. 30 hours child care is NOT public funds.
30 hours free childcare "IS" public funds.

Your immigration status
To be eligible for 30 hours free childcare, you (or your partner if you have one) must have a National Insurance number and at least one of the following:

British or Irish citizenship
settled or pre-settled status, or you have applied and you’re waiting for a decision
permission to access public funds - your UK residence card will tell you if you cannot do this
Thanks for reply.
When i checked Public funds on Gov.uk website it does not include 30 hours childfree care.
My husband got ILR last year & we checked our sons eligibility for 30 hours. Thats y its bit confusing.

Thanks Zimba for your reply as well.
SORRY as i said i am little confused with income requirement but can u plz share a link for Teir 1 E PBS DEPENDENT ILR income requirement ? I woupd be very thankful to u.
If your husband got ILR already, then he's free from immigration restrictions and can apply for 30 hours in his own right.
No sin in failing, you just have to try and try again!

Striker007
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Re: ILR proccessing time

Post by Striker007 » Wed Aug 31, 2022 10:00 am

CR001 wrote:
Wed Aug 31, 2022 9:45 am
Striker007 wrote:
Wed Aug 31, 2022 9:34 am
Thanks Zimba for your reply as well.
SORRY as i said i am little confused with income requirement but can u plz share a link for Teir 1 E PBS DEPENDENT ILR income requirement ? I woupd be very thankful to u.
There is NO income requirement for Tier 1 Dependent applying for ILR!
Thank u for ur prompt response.

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zimba
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Re: ILR proccessing time

Post by zimba » Wed Aug 31, 2022 12:04 pm

Striker007 wrote:
Wed Aug 31, 2022 9:34 am
Thanks for reply.
When i checked Public funds on Gov.uk website it does not include 30 hours childfree care.
My husband got ILR last year & we checked our sons eligibility for 30 hours. Thats y its bit confusing.

Thanks Zimba for your reply as well.
SORRY as i said i am little confused with income requirement but can u plz share a link for Teir 1 E PBS DEPENDENT ILR income requirement ? I woupd be very thankful to u.
Regarding the child care: claiming-benefits/age-3-4-15-hour-nurse ... l#p1821695
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Striker007
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Re: ILR proccessing time

Post by Striker007 » Wed Aug 31, 2022 12:50 pm

Zimba wrote:
Wed Aug 31, 2022 12:04 pm
Striker007 wrote:
Wed Aug 31, 2022 9:34 am
Thanks for reply.
When i checked Public funds on Gov.uk website it does not include 30 hours childfree care.
My husband got ILR last year & we checked our sons eligibility for 30 hours. Thats y its bit confusing.

Thanks Zimba for your reply as well.
SORRY as i said i am little confused with income requirement but can u plz share a link for Teir 1 E PBS DEPENDENT ILR income requirement ? I woupd be very thankful to u.
Regarding the child care: claiming-benefits/age-3-4-15-hour-nurse ... l#p1821695
Thanks Zimba.
Lastly how much is fee for B1 english test?

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CR001
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Re: ILR proccessing time

Post by CR001 » Wed Aug 31, 2022 12:52 pm

Striker007 wrote:
Wed Aug 31, 2022 12:50 pm
Thanks Zimba.
Lastly how much is fee for B1 english test?
About £150
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Striker007
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Re: ILR proccessing time

Post by Striker007 » Wed Aug 31, 2022 12:53 pm

CR001 wrote:
Wed Aug 31, 2022 12:52 pm
Striker007 wrote:
Wed Aug 31, 2022 12:50 pm
Thanks Zimba.
Lastly how much is fee for B1 english test?
About £150
Thank u all.
All of u r v kind.

Striker007
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Re: ILR query

Post by Striker007 » Wed Sep 28, 2022 3:50 pm

Hi all,

I just want to ask which form should i use to apply for ILR?
Set(O) Or Set(M) ?

What is difference between both these forms?

I am currently on Teir-1 Enterprenuer dependant visa (Spouse), so cofused about these 2 forms.

Kindly advice.
Thanks

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CR001
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Re: ILR proccessing time

Post by CR001 » Wed Sep 28, 2022 3:57 pm

Set O is the one you use.

Set M is for a completely different visa category to yours.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Striker007
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Re: ILR proccessing time

Post by Striker007 » Wed Sep 28, 2022 4:00 pm

CR001 wrote:
Wed Sep 28, 2022 3:57 pm
Set O is the one you use.

Set M is for a completely different visa category to yours.
Ohh okies.. thanks a lot CR001
Going to apply this week so hopefully things go smooth.

Striker007
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Absence Period for ILR - PBS DEPENDENT

Post by Striker007 » Thu Oct 06, 2022 5:44 am

Hello Everyone,

I am PBS Dependent and completing SET O form for ILR, I had come across following question

"Have you had any absences from the UK during any leave granted since 11 January 2018?
(Required)"

I was out of country from 9th December 2017 and returned on 21st January, so Do I have to add this as my absence ?

Kindly advise

Thanks

AmazonianX
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Re: Absence Period for ILR - PBS DEPENDENT

Post by AmazonianX » Thu Oct 06, 2022 6:23 am

Striker007 wrote:
Thu Oct 06, 2022 5:44 am
Hello Everyone,

I am PBS Dependent and completing SET O form for ILR, I had come across following question

"Have you had any absences from the UK during any leave granted since 11 January 2018?
(Required)"

I was out of country from 9th December 2017 and returned on 21st January, so Do I have to add this as my absence ?

Kindly advise

Thanks
It's is for leave granted from 11th January 2018 I.e. any absence for a leave or extension granted from the stated date. Will presume does not apply to you.

Striker007
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Re: Absence Period for ILR - PBS DEPENDENT

Post by Striker007 » Thu Oct 06, 2022 3:33 pm

AmazonianX wrote:
Thu Oct 06, 2022 6:23 am
Striker007 wrote:
Thu Oct 06, 2022 5:44 am
Hello Everyone,

I am PBS Dependent and completing SET O form for ILR, I had come across following question

"Have you had any absences from the UK during any leave granted since 11 January 2018?
(Required)"

I was out of country from 9th December 2017 and returned on 21st January, so Do I have to add this as my absence ?

Kindly advise

Thanks
It's is for leave granted from 11th January 2018 I.e. any absence for a leave or extension granted from the stated date. Will presume does not apply to you.
Thanks for your reply AmazonianX.
Just to be more specific in calculation of 180 days absence rule, My Visa journey is as follow.

1st Visa issue : 24/08/2016 To 08/01/17
1ST UK ENTRY : 22 SEP 2016

2ND LEAVE GRANT : 26/04/2017 TO 24/04/2019
3RD LEAVE GRANT : 09/10/2019 TO 09/10/2022

MY ABSENCE ARE AS FOLLOW:

list]16 MAY 2017 TO 20 JUNE 2017
09 DECEMBER 2017 TO 21 JAN 2018
10 JULY 2018 TO 25 JULY 2018
15 AUGUST 2018 TO 26 JAN 2019
11 NOV 2019 TO 8 MARCH 2020
26 APRIL 2022 TO 30 MAY 2022
[/list]

SO my questions are;

I should mention my absence from period of 2018? OR

i should mention my absence in the period of leave granted from 2019 to 2022? OR

Should i just enter absence from 10th July 2018 till 30th may 2022?

Correct me if i am wrong in any of these please?
Also 180 days does not include arrival or departure day from Uk, right ?

i have to submit my application today, so anyone please advice on these would be much appreciated.
thanks.

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