Minnzzy wrote: ↑Wed Mar 07, 2018 10:57 pm
I am a little confused now. I was granted Tier 1 in Nov 2013 when i made my first entry for 10 days with my son then came back to Uk again in Feb 2014 for a few days and finally moved permanently in July 2014 so does than mean i will be able to apply for ILR in July 2019 or even earlier.
As for my spouse his first entry was in Feb 2014 for a few days and then again permanently in july 2014 with me. My son permanently moved in Aug 2014 permanently after his first entry in Nov 2013.. So with this scenario when do you think we can apply for the ILR considering my extension expires in Oct 2019.
Ok. You did not mention the Feb 2014 entry earlier. Since you entered within 180 days, you qualify for ILR from Nov 2018 onwards. Your spouse and child qualify from Feb 2019 onwards.
Minnzzy wrote: ↑Wed Mar 07, 2018 10:57 pm
Me and my spouse have been living togetherin UK while our son stayed in uni accommodation for first year then staying with us in our house ever since but has been dependant on us financially and despite a few internships or small unit jobs. Hope that is no concern. Do we need to show some proof for all these 5 years for both dependants with the same address?
The requirement for living together is only for your spouse, not children.
Minnzzy wrote: ↑Wed Mar 07, 2018 10:57 pm
Jobs- When you say each job must last for 12 months what does that mean? If i have part timers as chefs/ service, helpers then the candidate should have worked with me for min 12 months at a stretch . If they quit i need to find someone in the similar capacity to complete the 12 month period. If i understand correctly i cannot use the employment / jobs created from Feb 2017- Oct 2017 which means that from Oct 2017 till the time i apply for my ILR i should have met the criteria of 2 full time employments or 4 part times each for 12 months ? Can i understand this in more detail.
Interestingly, depending on the exact date of your entry and the exact date of your extension, you MAY be able to use the employment in Oct 2017. Under the revised rules, if you apply for ILR within 12 months of your extension grant date, then you can use the employment in the 12 months prior to the application.
Example, if you initial visa was on 1st Nov 2013 and extension was granted on 31st Oct 2017, you can apply for ILR by 3rd October 2018, which is within 12 months after extension. In that case, you can use employment between 4th October 2017 and 3rd October 2018 for your ILR job creation. But I don't think it will make a significant difference for you.
On the employment, remember it is jobs, not employees. So, if it is Chef job, you could have someone work Dec 2017 to Feb 2018, another person doing that job between Apr 2018 to June 2018 and a 3rd person between Oct 2018 and Mar 2019 - that would be one job that has covered 12 months. Does not matter whether it is full time or part time job, as long as each job has 12 months/52 weeks of employment.
Minnzzy wrote: ↑Wed Mar 07, 2018 10:57 pm
What did you mean by correct in my case but not applicable to my case? Understand this is a new law that dependants qualify for ILR despite them being in the country but in my case i cant ?
Correct that only the main applicant needs to meet the criteria of being away for less than 180 days under the old rules (which apply to your case). Under new rules, dependants must also meet that criteria, but it is only applicable to new dependant applications, so not applicable to you.
Minnzzy wrote: ↑Wed Mar 07, 2018 10:57 pm
What is the additional documentation needed for my son. I read on the forum it has to be a separate SET M form for each of my spouse and son. Please advise.
DO NOT USE the SET(M) form !!! - that will reset the 5 year clock for your spouse and son. You will just add them as dependants in your SET (O) form.
The additional documents I referred to was for PBS dependant visa. I am not absolutely sure it applies for ILR, but I would think so.
The PBS dependant guidance states:
119. 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.
120. The documents submitted should be from two separate sources and dated no more than a month prior to the date of application.
Minnzzy wrote: ↑Wed Mar 07, 2018 10:57 pm
For the English language - as per your advise i do not need to get the NAARIC or IELTS. only the Life in UK test which is applicable for all 3 of us ?
Correct
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.
