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Eligible for ILR but Tier 2 BRP Running Out

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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Redstar222
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Eligible for ILR but Tier 2 BRP Running Out

Post by Redstar222 » Thu Jan 26, 2023 9:42 pm

Hi All,

My husband is due to take the Life in the UK test next week and I suspect will pass. However, my concern is that his BRP runs out 8 weeks from then. I will prepare all materials in advance and fill out the application right away, but wanted to confirm if a) once you have submitted the application you are not considered overstaying as long as it is under review and b) if he must FIRST submit biometrics for the application for it to be considered submitted.

If necessary, I'll apply for an extension on his Tier 2 dependent visa, but hoping this can be avoided. For reference, I already have settled status.

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Re: Eligible for ILR but Tier 2 BRP Running Out

Post by CR001 » Thu Jan 26, 2023 9:46 pm

Date of application is the date you submit and pay online and must be before the visa expires. No overstay issues
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Re: Eligible for ILR but Tier 2 BRP Running Out

Post by meself2 » Thu Jan 26, 2023 9:47 pm

Redstar222 wrote:
Thu Jan 26, 2023 9:42 pm

a) once you have submitted the application you are not considered overstaying as long as it is under review
Yes, via section 3C.
Redstar222 wrote:
Thu Jan 26, 2023 9:42 pm
b) if he must FIRST submit biometrics for the application for it to be considered submitted.
No, it's submitted when you lodge and pay it online.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

Redstar222
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Re: Eligible for ILR but Tier 2 BRP Running Out

Post by Redstar222 » Thu Jan 26, 2023 9:48 pm

Oh, phew! That's a relief. I hate cutting it so close, but we shouldn't have any issue getting to point of submission/payment well before the BRP expires.

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Re: Eligible for ILR but Tier 2 BRP Running Out

Post by CR001 » Thu Jan 26, 2023 9:57 pm

You do know that he could have done life in the uk test at any point over the last 5 years. It doesn't expire.

Does he have his English B1 test done already?
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Redstar222
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Re: Eligible for ILR but Tier 2 BRP Running Out

Post by Redstar222 » Thu Jan 26, 2023 10:11 pm

Yes, I do. And I told him to take it early. Can only remind someone so much. Doesn't need B1 as we're American so native English speakers.

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Re: Eligible for ILR but Tier 2 BRP Running Out

Post by AmazonianX » Fri Jan 27, 2023 10:18 am

Redstar222 wrote:
Thu Jan 26, 2023 10:11 pm
Yes, I do. And I told him to take it early. Can only remind someone so much. Doesn't need B1 as we're American so native English speakers.
Get the LIUK out of the way and you will be fine

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Re: Eligible for ILR but Tier 2 BRP Running Out

Post by Redstar222 » Fri Feb 03, 2023 6:34 pm

He did pass! Now I just need to figure out the supporting documentation. We got the code to put in the form but the testing site said he needed to email someone as he accidentally said he was taking the test for citizenship. I'm not sure why this would be as even the email says its for settlement or citizenship.

I'm also still not sure we have enough documentation for the proof of address. Have council tax bills is both our names for the past 5 years, but other mail is hit and miss as we get most bills and things online. Home office hasn't been much help advising there either.

Redstar222
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Re: Eligible for ILR but Tier 2 BRP Running Out

Post by Redstar222 » Fri Feb 03, 2023 6:40 pm

Er, sorry, that should say proof of cohabitation. This is for a Set-O application and he's on a Tier 2 Dependent visa right now.

I'm assuming if I get online bank statements stamped that could work. The Home Office has accepted these before as they indicate the validity of the documents and state our address. I also have the council tax bills, and could maybe cobble together enough NHS letters to fill things out.

It's three different sources, with one piece of evidence every 3-4 months for past two years, right?

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Re: Eligible for ILR but Tier 2 BRP Running Out

Post by Redstar222 » Fri Feb 03, 2023 10:19 pm

Sorry, new question popping up as I fill in the form. I already have ILR, but when filling out the online form for Set(0) it only gives me the option of different visa categories (e.g. Tier 2 Visa) rather than ILR for my status as sponsor. This isn't really accurate since I received ILR status awhile ago. Have I missed something in the form that would omit the ILR choice? This is the section prior to filling out details on the actual applicant, in this case someone also applying for ILR but currently on a Tier 2 Dependent visa.

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Re: Eligible for ILR but Tier 2 BRP Running Out

Post by zimba » Sat Feb 04, 2023 1:20 am

There is no sepcific requirement. As long as you cover the last two years reasonably
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Redstar222
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Re: Eligible for ILR but Tier 2 BRP Running Out

Post by Redstar222 » Sat Feb 04, 2023 12:10 pm

Thanks, Zimba!

For the other questions, does anyone know:

1) Why the online form will not let me select settlement for my (sponsor) current status? I can only see different visa types as an option.

2) Is there any reason to contact anyone about the Life in the UK Test code? My husband said it was for citizenship on accident and the test site staff said he would need to email someone to notify them it's for settlement.

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Re: Eligible for ILR but Tier 2 BRP Running Out

Post by Redstar222 » Sat Feb 04, 2023 5:08 pm

Anyone? Especially #1 which is driving me batty. Online form even says you can provide an ILR ref number, but because the drop down menu only lists visa categories it doesn't give me this option. There is nothing I can see in the form in earlier sections that would have led the form to conclude I'm on a visa rather than currently having settled status.

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Re: Eligible for ILR but Tier 2 BRP Running Out

Post by zimba » Sun Feb 05, 2023 12:57 am

Redstar222 wrote:
Sat Feb 04, 2023 5:08 pm
Anyone? Especially #1 which is driving me batty. Online form even says you can provide an ILR ref number, but because the drop down menu only lists visa categories it doesn't give me this option. There is nothing I can see in the form in earlier sections that would have led the form to conclude I'm on a visa rather than currently having settled status.
Your ILR is based on her previous visa status, select Skilled worker or Tier 2
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Redstar222
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Re: Eligible for ILR but Tier 2 BRP Running Out

Post by Redstar222 » Sun Feb 05, 2023 9:02 am

Thanks again, Zimba! That's what I've done. I think I am mostly sorted now. I just want to double check a few last things, which I'm pretty certain of from reading previous threads on the forum:

1) For the questions regarding leave granted since 11 January 2018, I have answered YES and YES. This is because, while we entered the UK in 2017 on our original visa, we renewed this visa in 2020. Second YES is because we did travel outside the UK for some family visits since 2018.

2) I have listed all absences, which equate to less than 180 days in each rolling 12-month period. To get a sense, this is:

Year 1-16 days
Year 2-20 days
Year 3-0 days
Year 4-0 days
Year 5-94 days

I believe that's well within the requirement.

3) For the declaration section, I put NO to joint accounts as all evidence provided is separate accounts. The exception is council tax bill, but they only mention bank or utility companies so I thought that does not really count. I also put NO to the next question about joint accounts relating to a person who is supposed to provide financial support. We both work so not sure if I should put YES instead since we split paying bills.

4) For cohabitation evidence, I'm providing the following documents:

1) March 2021 (HMRC letter, husband; online bank statement for myself)
2) July 2021 (online bank statements)
3) November/December 2021 (HMRC letter for husband, car loan yearly statement for me)
4) March 2022 (council tax bill, in both names)
5) July 2022 (letter from US state government official requesting our vote, one for each of us)
6) October 2022 (online bank statements)
7) January 2023 (online banks statements)

5) I have not bothered to get online banks statements stamped, as I have in the past, as it seems this is not required in this case from previous forum threads. All other letters are printed mail with dates letter was sent.

Thanks, everyone, especially moderators! You've helped me get through so many immigration applications over the past five years and made it much less stressful. :)

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Re: Eligible for ILR but Tier 2 BRP Running Out

Post by zimba » Mon Feb 06, 2023 1:25 am

Looks good to me
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Redstar222
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Re: Eligible for ILR but Tier 2 BRP Running Out

Post by Redstar222 » Tue Feb 07, 2023 11:28 pm

Thanks, everyone! Just submitted and paid so well before the BRP expires on 28 March. Snagged a biometrics appt for 6 March too so not too bad. Chose to go standard route this time which does make me a bit nervous with the BRP expiring, but hopefully we'll get lucky and not have to wait too long. Had a friend who just submitted in December and got approval in three weeks on standard route--talk about lucky!

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Re: Eligible for ILR but Tier 2 BRP Running Out

Post by AmazonianX » Wed Feb 08, 2023 5:34 am

Redstar222 wrote:
Tue Feb 07, 2023 11:28 pm
Thanks, everyone! Just submitted and paid so well before the BRP expires on 28 March. Snagged a biometrics appt for 6 March too so not too bad. Chose to go standard route this time which does make me a bit nervous with the BRP expiring, but hopefully we'll get lucky and not have to wait too long. Had a friend who just submitted in December and got approval in three weeks on standard route--talk about lucky!
As an in time application was made, no issue about BRP running out as applicant retains same rights already held.
Your friend's timeline may be a guide but not an exact gauge of what your turnaround time will be; yours could be faster or otherwise.
Keep the thread updated.

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Re: Eligible for ILR but Tier 2 BRP Running Out

Post by Redstar222 » Fri Feb 24, 2023 4:05 pm

I tried calling UKVI today to double check on one last document before submitting as the biometrics appointment is coming up soon, however they wouldn't provide any advice re: absence evidence.

Do you need to upload a cover letter with airline tickets if your passport is missing stamps for entry/exit? The US in particular seems quite lazy about stamping, but my husband is also missing a reentry stamp to UK for one trip. Easy enough to provide the airline confirmation emails if that will help the application get processed. This is just for confirming absences as he's self-employed so no employer providing a letter on his behalf.

Thanks!

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Re: Eligible for ILR but Tier 2 BRP Running Out

Post by zimba » Sat Feb 25, 2023 2:06 pm

Stamps are not actually checked unless you have a lot of absences.
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Redstar222
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Re: Eligible for ILR but Tier 2 BRP Running Out

Post by Redstar222 » Sat Feb 25, 2023 7:48 pm

I guess I won't worry in that case. I think he had just a bit over 90 days, and we are well under total number of absences for the past five years. Thanks!

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