ILR(lr) - Continuation Residence clarification

[rkbalu31]

Hello,
Due to coronavirus i find myself in difficult situation when comes to ILR in long residence route. So far all okay and my role is not at risk, however I'd like to think of all the possibilities and prepare myself for all eventualities to secure my ILR(LR). Please note that I'm staying with my spouse and 6 years' old kid. I have few queries which would like your help!

1) Firstly, my first visa entry clearance visa start date is 26/11/2010 (and came into UK on 5th Dec 2010) and current visa expires on 24th April 2021. So, does the 28 days start from the start date in visa or when i entered to UK(which is 5th Dec 2010)?

2) If i can apply 28 days before from the start date (26/11/2010), then i'm eligible to apply on 29th Oct 2020. Given this I have few questions:
a. If COVID-19 pandemic is sustained beyond our imagination and in case my visa is curtailed (Say on 1st Sep 2020), and i did not mange to secure the new sponsor, I fall into the situation of 60 days curtailment notice which ends on 31st Oct 2020. Given this date falls during my eligible stay in UK, Am i still allowed to apply ILR(LR) during my visa curtailment?

b. If no, then what are my options to stay legally and secure my ILR(LR).


thanks in advance!

[CR001]

1. Long residence ilr starts counting from the date you entered the UK and NOT the date your visa was issued.

2. You can apply no sooner than within 28 days before 5th December.
a. You simply need a valid visa, long residence is based on 10 years legal stay. A curtailed visa is still valid for the 60 days.

[rkbalu31]

Thanks a lot for clarifying CR001.

Just curious to know as i found the link (https://www.whatdotheyknow.com/request/ ... 10years_il) which says day of enter or the visa start date can be used. this is pretty old, not sure if anything is changed recently. any comment on this would be helpful.

However, if i simply put the date backwards from 5th Dec - (60 days of curtailment + 28 days) comes around the early Sep'2020.

So, if i mange to secure my work until mid of Sep'2020 (with some buffer) is enough to secure my ILR (LR). Please confirm.

Also, please confirm if there are any salary threshold to be met for 10 years'?

[CR001]

Long residence ILR has always been from date of entry to the UK.

Visa start date applies to 5 year PBS route visa holders applying for ilr.

ILR LR has NO salary or financial or maintenance requirment.

You can apply within 28 days before you qualify. Curtailment letters take a while to get sent out. They are not sent the moment your employer informs ho!!

Do you have dependents in the UK with you on PBS dependent visas?

[rkbalu31]

Thanks for the quick response!
<<Do you have dependents in the UK with you on PBS dependent visas?>>
Yes, 2 dependents(Souse and 6 years' old daughter)

[rkbalu31]

Thanks for the quick response!
<<Do you have dependents in the UK with you on PBS dependent visas?>>
Yes, 2 dependents(Souse and 6 years' old daughter)

[CR001]

How long have they been in the UK?

Are you aware that ILR LR does not allow dependents to apply with you?

[rkbalu31]

How long have they been in the UK?
my spouse is here since 2012, but she broke the continuation when she gave birth to my daughter. so both are here since Nov'2015 continuously.
Are you aware that ILR LR does not allow dependents to apply with you?
Yes, but they can switch to some form of visa once their current leave expires(due in Apr'2021). Please correct me if I'm wrong.

Out of curious, when you say Curtailment letter takes a while to sent out - does that mean the 60 days start from when my employer informs home office or from when they sent out the letter? Because this gives some buffer in my case.

thanks!

[CR001]

The 60 days starts from.the date of the letter and NOT from when your employer notifies HO.

Your dependents have to switch to flr and you have to meet the financial requirment and your spouse must meet the English requirements. Their clock for ilr will reset to zero and a new 2 X 2.5 year visas before they can apply for ilr.

[rkbalu31]

The 60 days starts from.the date of the letter and NOT from when your employer notifies HO.
perfect!

Your dependents have to switch to flr and you have to meet the financial requirment and your spouse must meet the English requirements. Their clock for ilr will reset to zero and a new 2 X 2.5 year visas before they can apply for ilr.
Does the financial requirement is required when they switch to flr? if so what should be amount per dependent and how long should i hold it given if i apply flr in apr'2021( as they have PBS dependent until Apr'2021)

Thanks!

[CR001]

Does the financial requirement is required when they switch to flr? if so what should be amount per dependent and how long should i hold it given if i apply flr in apr'2021( as they have PBS dependent until Apr'2021)

When they switch to FLR(M), you need to prove that you meet the income requirement of £22,400pa with evidence of payslips and bankstatements for a minimum of 6 months. Note it is NOT the same as the PBS maintenace fund requirement of £630 each for 90 days.

Note also, that they should switch to FLR(M) before they plan any travel out of the UK. They do not have to wait till 2021 befor they switch. The sooner they switch, the sooner their time for ILR will start.

immigration-for-family-members/dependan ... 43881.html

[rkbalu31]

When they switch to FLR(M), you need to prove that you meet the income requirement of £22,400pa with evidence of payslips and bankstatements for a minimum of 6 months

Does this mean any 6 months or latest from the date of FLR(M) application?

Also, hopefully final set of question if i may please?
a. whether anyway my daughter can get ILR when she stayed continuously for 7 years or the same rule as my spouse?
b. can we(myself and my spouse) use respective Naric certificate to prove our language requirement? or need to take up an exam?

Thanks!

[CR001]

Does this mean any 6 months or latest from the date of FLR(M) application?

The 6 months immediately prior to the date of application.

a. whether anyway my daughter can get ILR when she stayed continuously for 7 years or the same rule as my spouse?

No, there is no '7 year route ILR'. It would be FLR(FP) which would be a likely 10 year route to ILR.

b. can we(myself and my spouse) use respective Naric certificate to prove our language requirement? or need to take up an exam?

Naric Comparable and English Assessment yes. Costs the same as the English test which takes 10 minutes.

[rkbalu31]

Thanks a lot for your support and your time!

[rkbalu31]

Hello,

I am due to apply my ILR(Long residence) route by early Dec'2020. So, I'd like to know whether or not my date below is broken the continuous residency.

Entered UK on - 5th Dec 2010 (Tier 2 ICT Established Staff visa category).
Left UK on 7th May 2015 (but i had a valid visa until 16-Nov-2015)
Back to UK on 28th June 2015
Since then no break (other than couple of vacation).

Could someone help me if this breaks the continuous residency. If not, please confirm should i need to prove why i was away for about 2 month' in 2015?

Any help on this really helpfull.

thanks!

[CR001]

Topics Merged!!! Please do NOT post your ILR questions in the Tier 2 sub forum. Keep all your ILR questions in ONE topic, this one.

[CR001]

Hello,

I am due to apply my ILR(Long residence) route by early Dec'2020. So, I'd like to know whether or not my date below is broken the continuous residency.

Entered UK on - 5th Dec 2010 (Tier 2 ICT Established Staff visa category).
Left UK on 7th May 2015 (but i had a valid visa until 16-Nov-2015)
Back to UK on 28th June 2015
Since then no break (other than couple of vacation).

Could someone help me if this breaks the continuous residency. If not, please confirm should i need to prove why i was away for about 2 month' in 2015?

Any help on this really helpfull.

thanks!

There is no break in residence. There is NOTHING you have to prove. The rules allow a single absence of up to 180 days.

[rkbalu31]

Hello Team,

I am about to apply ILR(LR) using standard service. But, I have few queries about my dependents' visa as I'm confused.

My dependent visa expires same as my current Tier2 General, i.e. on 22 April 2021. ILR standard service says 6 months. The 6 months from early Dec’2020 appointment lead to get my ILR decision by end of May’2021. If that goes that long, my dependent visa could have been expired.

So, my question is that what would be the state of my dependent visa if in case getting my decision delayed until end of May’2021(which is unlikely I guess), Should I wait until get my ILR decision before apply a family visa for them? Or have to apply to extend under PBS dependent before it expires?

What Option I have got? Any help on this regards really help me to plan.

thanks!

[CULLINAN]

You must apply for FLR(M) for them before their visa expiry regardless if you have a decision or not. Add a cover letter in this case. Their applications will be approved only if your LR is approved.

[rkbalu31]

Thanks for clarifying.