ILR set (O) prep work - queries

Dear moderators/members,

Appreciate your valuable inputs and confirmation that my prep work is all OK, please.

Myself Tier 2 (General) main applicant and my Wife Tier 2 (PBS dependant) will be eligible to apply for ILR on Tier 2 five year route and will apply at the same time.

Queries:

1) Have you previously lived in a country outside the UK including your country of birth?

• a) Birth to 2009 - reason for living as "country of birth"

• b) Aug 2011 to Sep 2013 - reason for living as "Went back to home country from UK after Tier 2 ICT assignment was over"

Is the 1 b answer OK or should I keep it simple as country of birth? Basically, between 2009 and Aug 2011 I was in UK on Tier 2 ICT visa.

2) Consent forms section

We have joint utility bills and I provide financial support to my wife for paying bills, rent, etc.
For the highlighted question in screenshot should I answer Yes or No?



Assuming we need to answer Yes to above question, we need to submit two consent forms rights? does below look right?
Form 1: I sign part 1, my spouse Part 2, Part 3 marked as N/A
Form 2: Spouse signs part 1, I sign part 2, I sign part 3

For consent form part 3 I've seen varying responses on the forum as it mentions "third party", however, would like confirmation/your opinion please. Thanks.

Yes to highlighted question. Your understanding is correct to all stated above.

CULLINAN wrote: ↑

Sat Oct 10, 2020 5:55 pm

Yes to highlighted question. Your understanding is correct to all stated above.

Thanks a lot @CULLIAN.

What confused me was the document checklist lists only the following consent forms and nothing for my wife.

• Consent form for the Home Office to request verification checks on Mr XXXXX for joint accounts or third party support

• Declaration signed by Mr XXX to confirm consent for the Home Office to request verification checks

The "Documents" section questions are as if addressing only the main applicant and not other applicants

There are two applicants. Just upload your partner’s consent form in your partner’s section along with other documents needed for your partner like cohabitation documents, LIUK, English Test/UK degree etc.

Also, do not entirely believe on the checklist. Checklist is not always accurate. Follow the immigration rules. For example: the checklist does not even generate cohabitation documents for PBS dependents but they are needed etc.

CULLINAN wrote: ↑

Sat Oct 10, 2020 6:31 pm

There are two applicants. Just upload your partner’s consent form in your partner’s section along with other documents needed for your partner like cohabitation documents, LIUK, English Test/UK degree etc.

Thank you. Yep, will do.

This is what the checklist looks like, btw.

Mandatory documents

• The passport or travel document for Mrs YYYY

• The passport issued for Mr XXX

Other documents

• If you have added a spouse or civil partner to this application form who is applying at the same time as you, please provide documentary evidence of cohabitation since you were last granted leave (up to a maximum of two years). Evidence provided should cover the whole period and be in the form of official letters or documents, addressed to yourself and your spouse.

• All previous passports, travel documents or national identity cards that Mrs YYY has used to travel to or remain in the UK

• Letter(s) from employer(s) detailing reasons for work-related absences including periods of paid annual leave from the UK and Crown Dependencies for Mr XXX

• Consent form for the Home Office to request verification checks on Mr XXX for joint accounts or third party support

• The degree certificate for Mr XXX to prove the level of English language required

• Evidence of Mr XXX's immigration status in the UK

• Declaration signed by Mr XXX to confirm consent for the Home Office to request verification checks

• Your most recent payslip and bank or building society statement. These must be dated no earlier than one calendar month before the date of the application. The statement must show the payment, as shown on the payslip. You should not provide any additional payslips or statements, unless you are currently on maternity, paternity, shared parental or adoption leave.
  If you are currently on maternity, paternity, shared parental or adoption leave, you should provide the last payslip and bank or building society statement you received prior to the start of your leave. The statement must show the payment, as shown on the payslip. You must also provide payslips and bank or building society statements during the period of maternity, paternity, shared parental or adoption leave. The last payslip and statement must be dated no earlier than one calendar month before the date of the application.

• 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:
  a) 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:
  b) the nearest applicable SOC code which best describes your employment
  c) 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
  d) confirmation that this is at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors.
  e) if you are currently on maternity, paternity, shared parental or adoption leave, confirmation of the date this started, your salary immediately before the leave, and what your salary will be on your return.

• Current Biometric Residence Permit for Mr XXX

• All previous passports, travel documents or national identity cards that you have used to travel to or remain in the UK

Seems like checklist is incorporating the cohabitation documents correctly. Previously, many have reported the opposite. Yes the checklist looks good. If I was you, I would add the consent form for partner anyways. You should add partner’s current BRP also. Cant see that in the checklist.

Also can not see the English Requirement for the partner in the checklist. Also, assuming you have mentioned LIUK reference in the online form.

CULLINAN wrote: ↑

Sat Oct 10, 2020 7:27 pm

Seems like checklist is incorporating the cohabitation documents correctly. Previously, many have reported the opposite. Yes the checklist looks good. If I was you, I would add the consent form for partner anyways. You should add partner’s current BRP also. Cant see that in the checklist.

Indeed. I'll definitely add my wife's consent form as suggested. Good catch about partner's BRP. I didn't notice until you mentioned as I was almost sure I had to add (and was planning to add).

Also can not see the English Requirement for the partner in the checklist. Also, assuming you have mentioned LIUK reference in the online form.

Yes, that's correct. I've added her LIUK & English Pearson Home B1 references numbers.

Hello again... a couple of questions please.

I'm trying to make it simple for my HR folks to avoid delays, so I've created a sample letter with all relevant content.

Q1. Who should the letter address to? Should I just mention UKVI or something like below or is there any formal address?

To,
UK Visas and Immigration
SET(O) Indefinite Leave to Remain


Q2. The list of absences outside UK will be attached as appendix in below format. Is this enough? I'm not going to include any other annual leave details. I only had two trips outside UK both were around 32 days or so (including weekends/bank holidays).


Appendix B – List of absences

Dear Sir/Madam,

Please find below the list of absences that XXX has had from the United Kingdom during the period they were employed by us:


Date Left Date Returned Reason
xx/xx/xxxx yy/yy/yyyy Annual Leave - Personal Trip
x1/x1/xxx1 y1/y1/yyy1 Annual Leave - Personal Trip

Yours Sincerely,

Simply address to “Home Office” “To Whom it May Concern”

indefinite-leave-to-remain/employer-let ... 67381.html

CULLINAN wrote: ↑

Fri Oct 16, 2020 9:13 pm

Simply address to “Home Office” “To Whom it May Concern”

indefinite-leave-to-remain/employer-let ... 67381.html

Thanks Cullinan, will do. Any comments on Q2?

srsw wrote: ↑

Fri Oct 16, 2020 9:29 pm

CULLINAN wrote: ↑

Fri Oct 16, 2020 9:13 pm

Simply address to “Home Office” “To Whom it May Concern”

indefinite-leave-to-remain/employer-let ... 67381.html

Thanks Cullinan, will do. Any comments on Q2?

I provided you a link for a sample employer/absence letter which is a sticky topic also. That should answer your question.
Yes absences from UK only needs to be listed.

Cool.. thanks again Cullinan. I'll update my format accordingly.

Right, finally I got a letter from my HR but had to push them to add necessary details.

The letter contains job start date, job title, contract type, weekly hours, SOC code, salary and that it's above the appropriate level as stated in Codes of Practice in Appendix J.

Questions:

1. Letter is addressed to me as letter of employment confirmation. Is that OK?
2. Contract type mentioned as permanent and ongoing. There's no "required for the foreseeable future" sentence in it, but this should be sufficient right?

I'm going to get a separate letter regarding the UK absences from my manager/department. So if needed I can get them to address the letter to Home Office and include 'required for the foreseeable future' sentence to cover all bases.

Appreciate your inputs.

So if needed I can get them to address the letter to Home Office and include 'required for the foreseeable future' sentence to cover all bases.

I think it is best if you could. “Required for the foreseeable future” is not the same as “permanent and ongoing”. HO specifically asks for it: Tier 2 guidance page 71.

Plus best to get it addressed to HO than yourself but I do not think that is a big issue.

CULLINAN wrote: ↑

Thu Oct 29, 2020 6:47 pm

So if needed I can get them to address the letter to Home Office and include 'required for the foreseeable future' sentence to cover all bases.

I think it is best if you could. “Required for the foreseeable future” is not the same as “permanent and ongoing”. HO specifically asks for it: Tier 2 guidance page 71.

Plus best to get it addressed to HO than yourself but I do not think that is a big issue.

Thanks CULLINAN. I'm sure my manager would be more flexible so I'll try my best. Thanks again.

I was just doing a bit more research on the "foreseeable future" requirement and found this.

https://www.whatdotheyknow.com/request/ ... f?unfold=1

Having said that, I'll still try to get the necessary wording on the other letter.

Just trying to understand the ILR application sequence:

1. Submit the application and pay fee.
2. We receive an email to create an account on UKVCAS site / create account on UKVCAS site.
3. Book biometric appointment ASAP (max 2 months from the application date).
4. Upload documents to UKVCAS site (upload & submit) at least 48 hours before biometric appointment.
5. Attend Biometric appointment.
6. Wait for decision email / BRP.

I'm just waiting for my bank statement & employer letter, both of which will be ready in next 3-4 days, so I can complete step 1, 2 & 3. Right?

I'm eligible to apply since 23rd Oct, btw...but just making sure I have all documents ready/nearly ready before I submit my application.

2) Not necessarily you receive an email (but usually you do). You can simply click “book an appointment” from “further actions page” after you pay and submit.

4) Up to 48 hours before if you want to avail self-submission. Otherwise can be uploaded anytime before appointment.

CULLINAN wrote: ↑

Sat Nov 07, 2020 11:46 pm

2) Not necessarily you receive an email (but usually you do). You can simply click “book an appointment” from “further actions page” after you pay and submit.

4) Up to 48 hours before if you want to avail self-submission. Otherwise can be uploaded anytime before appointment.

Regarding 4) we can upload but won't see a submit button I guess. Ok.

Thanks CULLINAN. So I can submit my application & only risk is if I secure an appointment in next 2-3 days (highly unlikely, but who knows) then I may not have those two documents in hand. I'm near a service centre expected to reopen next week.

Cool.. I'll decide tomorrow.

4) You will see a submit button as soon you upload all your documents, sign out and sign in again. Self-submission is optional but recommended. It is up to you if you want to avail that option. This option can only be availed up to 48 hours before appointment. Otherwise, you will have to submit at the appointment itself.

CULLINAN wrote: ↑

Sun Nov 08, 2020 11:57 am

4) You will see a submit button as soon you upload all your documents, sign out and sign in again. Self-submission is optional but recommended. It is up to you if you want to avail that option. This option can only be availed up to 48 hours before appointment. Otherwise, you will have to submit at the appointment itself.

Apologies, just realised my last statement on 4) was incomplete. I meant to say, if we don't upload within that timeframe, then submit button may be disabled. Thanks again.

Yes.

Quick question, free appointment available on 7th Dec. What are the chances or getting any sooner? Should I go for it or try again?