ILR APPLICATION

[arijitmukjerjee]

Hi

I am Sunny, I am about to apply for my ILR, I came with my family on tier 2 general visa. Our visa was issued on 6th April 2016, and I arrived with my family in the UK on 22nd April 2016. I would appreciate if you can help me with a few of my queries.

1) I believe I can apply 28day before my qualifying period. So to calculate the 28 days which date should I consider 6th April or 22nd April. In other words, what is the earliest I can apply for my ILR?

2) Although I arrived with my family on the same day in the UK, and we are completing our 5 years period together, I would want to know if I am allowed to apply alone, to begin with, and then once I get the ILR, then I plan to apply ILR for my wife, am I allowed to do that. We still have more than 1 years left on our visa. I basically want to apply ILR one at a time, can I do that?

3) Am I allowed to use the same IELTS certificate which I used for the tier 2 general visa, towards my ILR, although the IELTS certificate is expired. Because it is more than 2 years old.

I would appreciate if you can please help me with my above queries.

Regards

[zimba]

1) Visa issue date should be used. 28 days from completing the 5 year period
2) Sure. The main applicant can apply earlier
3) Yes as long as the test centre is still on the approved list

[arijitmukjerjee]

Hi Zimba

Thanks for your kind reply. Could you please clarify, what is meant by 28 days from completing the 5 year period.

Regards
Arijit

[zimba]

Your eligibility date = Visa issue date + 5 years - 28 days

[arijitmukjerjee]

HI ZIMBA,

THANKS FOR THE CLARIFICATION. I HAVE ONE MORE QUERY. WHEN I CAME TO UK IN 2016 ON A TIER 2 GENERAL VISA, I GAVE IELTS FOR UKVI CEFR LEVEL C1 ACADEMIC EXAM, I WANT TO KNOW IF I CAN STILL USE THE SAME IELTS TOWARDS MY ILR? THE REASON I AM ASKING IS BECAUSE ON THE GOV. UK WEBSITE IT IS MENTIONED THAT

You can prove it by having either:

an English qualification at B1, B2, C1 or C2 level

IT ALSO SAYS THAT

Applying to settle in the UK
You can use a B1 level qualification that’s run out if both of the following are true:

it’s on the current list of recognised tests
it was accepted for another UK immigration application, for example when you got permission to enter

THE IELTS FOR UKVI CEFR LEVEL C1 WHICH I TOOK ORIGINALLY TO APPLY FOR MY TIER 2 VISA WILL IT BE STILL ACCEPTABLE TOWARDS MY ILR BECAUSE IT SPECIFICALLY SAYS I HAVE TO TAKE B1 LEVEL QUALIFICATION, IT DOES NOT MENTION B1 LEVEL OR HIGHER.
I WOULD BE GRATEFUL IF YOU PLEASE CLARIFY.
REGARDS
SUNNY

[zimba]

B1 level is the minimum required. Your IELTS will be accepted

[arijitmukjerjee]

Hi Zimba,

Thanks for your prompt reply. To apply for ILR on a tier 2 general route which form do I have to use? There is one place on the GOV.UK WEBSITE which says, apply online with this link https://visas-immigration.service.gov.u ... 1613947454


I ALSO SAW THERE IS ONE MORE PLACE WHICH SAYS '' Apply online (form SET(O))''. WHEN I am clicking this SET(O) form online it is taking me to the same place as the above link, where it says Apply to settle in the UK - certain categories only.

Could you please help me with this.

Arijit

[CR001]

It is the correct link.

[arijitmukjerjee]

Hi Zimba

Thanks for your prompt reply. I have started filling up the application form today, am I breaching the 28days rule by starting the application form today? I would appreciate your kind help.

Thanks
Sunny

[CR001]

I am CR001 not Zimba.

No, you are not breaching anything. Date of application is the date you submit and pay online and this must be within 28 days of the qualifying period.

[arijitmukjerjee]

Hi CR001,

Thanks for the kind reply.

Regards
Sunny

[arijitmukjerjee]

HI,

I AM ABOUT TO APPLY FOR MY ILR, I HAVE TWO QUERIES, FIRST ONE IS REGARDING THE LETTER WHICH I HAVE TO GET FROM MY EMPLOYER REGARDING THE DAYS OF ABSENCE FROM THE UK.

I CAME TO UK ON 22ND APRIL 2016, TILL DATE I HAVE BEEN OUT OF UK ONLY TWICE TO VISIT FAMILY IN INDIA. THE FIRST TIME I WENT OUT OF UK WAS IN 2017, TO BE SPECIFIC I BOARDED THE FLIGHT FROM UK ON 13 TH OCT 2017 AND REACHED INDIA ON 14TH OCT 2017, RETURNED TO UK ON 29TH OCT 2017. AS YOU WOULD KNOW THAT WHILE DEPARTING THE UK THE IMMIGRATION AUTHORITY DOES NOT STAMP THE PASSPORT, THE PASSPORT IS ONLY STAMPED ON ARRIVAL INDIA. HENCE MY PASSPORT SHOWS ARRIVAL INDIA STAMP FOR 14TH OCT 2017. THE SAME HAPPENED WHEN I WENT TO INDIA ON THE SECOND OCCASION ON 6TH NOV 2019. I DEPARTED UK ON 6TH NOV 2019 AND REACHED INDIA ON 8TH NOV 2019, DUE TO LONG TRANSIT IN DUBAI INTERNATIONAL AIRPORT. AGAIN MY PASSPORT ONLY SHOWS ARRIVAL INDIA STAMP FOR 8TH NOV 2019, I DON'T HAVE ANY STAMP FOR DEPARTURE UK.

CAN YOU KINDLY ADVISE ME THAT WHILE ASKING FOR THE LETTER OF ABSENCE FROM MY EMPLOYER, WHICH DATE SHOULD I ASK THEM TO PUT IN THE LETTER, IS IT THE DATE I LEFT UK OR DATE I ARRIVED INDIA? BECAUSE THE PASSPORT ONLY SHOWS THE ARRIVAL INDIA DATE.

Date Left UK Date arrived in India Date return to the UK

13.10.2017 14.10.2017 29.10.2017

06.11.2019 08.11.2019 28.11.2019


MY SECOND QUESTION IS.

WHILE FILLING UP THE FORM THERE IS A QUESTION:

Have you previously lived in a country outside the
UK including your country of birth? --------------------I HAVE WRITTEN 'YES' FOR THE ANSWER

THE NEXT QUESTION THEY HAVE ASKED IS:
Country you lived in ------------- INDIA
Date you lived there from---------- SINCE BIRTH ( I HAVE PUT MY BIRTH DATE)
Reason you lived there-------------- HOME COUNTRY

FOR THE ABOVE QUESTION I WROTE THE REASON AS--- I STAYED IN INDIA SINCE BIRTH TILL THE TIME I CAME TO UK ON A TIER 2 GENERAL VISA.

MY QUESTION IS THAT, BEFORE I WAS ISSUED TIER 2 GENERAL VISA I HAD LIVED IN UK ON TWO SEPARATE OCCASIONS ON STUDENT VISA, DO I HAVE TO MENTION THOSE DATES OF LIVING IN UK ON THOSE TWO SEPARATE OCASSIONS? OR DO I JUST SAY THAT SINCE BIRTH I LIVED IN INDIA UNTIL THE TIME I WAS ISSUED TIER 2 GENERAL VISA TO COME TO UK?

Thanks
Sunny

[arijitmukjerjee]

HI,

I AM ABOUT TO APPLY FOR MY ILR, I HAVE A QUERY, IT IS REGARDING THE LETTER WHICH I HAVE TO GET FROM MY EMPLOYER REGARDING THE DAYS OF ABSENCE FROM THE UK.

I CAME TO UK ON 22ND APRIL 2016, TILL DATE I HAVE BEEN OUT OF UK ONLY TWICE TO VISIT FAMILY IN INDIA. THE FIRST TIME I WENT OUT OF UK WAS IN 2017, TO BE SPECIFIC I BOARDED THE FLIGHT FROM UK ON 13 TH OCT 2017 AND REACHED INDIA ON 14TH OCT 2017, RETURNED TO UK ON 29TH OCT 2017. AS YOU WOULD KNOW THAT WHILE DEPARTING THE UK THE IMMIGRATION AUTHORITY DOES NOT STAMP THE PASSPORT, THE PASSPORT IS ONLY STAMPED ON ARRIVAL INDIA. HENCE MY PASSPORT SHOWS ARRIVAL INDIA STAMP FOR 14TH OCT 2017. THE SAME HAPPENED WHEN I WENT TO INDIA ON THE SECOND OCCASION ON 6TH NOV 2019. I DEPARTED UK ON 6TH NOV 2019 AND REACHED INDIA ON 8TH NOV 2019, DUE TO LONG TRANSIT IN DUBAI INTERNATIONAL AIRPORT. AGAIN MY PASSPORT ONLY SHOWS ARRIVAL INDIA STAMP FOR 8TH NOV 2019, I DON'T HAVE ANY STAMP FOR DEPARTURE UK.

CAN YOU KINDLY ADVISE ME THAT WHILE ASKING FOR THE LETTER OF ABSENCE FROM MY EMPLOYER, WHICH DATE SHOULD I ASK THEM TO PUT IN THE LETTER, IS IT THE DATE I LEFT UK OR DATE I ARRIVED INDIA? BECAUSE THE PASSPORT ONLY SHOWS THE ARRIVAL INDIA DATE.

Date Left UK Date arrived in India Date return to the UK

13.10.2017 14.10.2017 29.10.2017

06.11.2019 08.11.2019 28.11.2019

I WOULD APPRECIATE IF YOU COULD PLEASE CLARIFY THE ABOVE.

REGARDS
SUNNY