Please help clarify some questions on my ILR application

[groovybug]

Hello everyone,

Me and my family will be qualified for ILR 5 year route this June, and also 10 year route this October. I'm wondering which route would be better/less complicated to apply for?

I have also tried to look into the specifics regarding financial requirement. The only thing I've found is

"You’ll usually need to be paid at least whichever is the highest out of the following:
£25,600 per year
£10.10 per hour
the ‘going rate’ for the type of work you’ll be doing"

However I also have two dependants (who hopefully will also be qualified with me), my daughter and my partner (who is stay-at-home), and I can not find the financial requirement if you have dependants.


Hope to have your advice. Thank you.

[ywlgy]

Long residence is less complicated in terms of document preparation, only passports, liuk and language level (for your dependants) are required. However, priority is not available, so you can only go for standard or super priority.

There are no financial requirements for dependants.

[groovybug]

Hi @ywlgy, thanks for your reply.

My work document is quite straight forward, so if there's no big risk I will try to apply 5 years route as it is a few months earlier.

My partner and daughter will also be applying the same time as me for ILR, is there no financial requirement (if not income, but not even bank statement amount or savings?) for them? I see Home Office just ask to show:

"you have enough income to support yourselves and your dependants"

however I'm not sure what this amount is.

Thanks for your help.

[CR001]

There is no financial requirment for PBS ILR routes.

[groovybug]

@CR001: I apologise I dont mean to antagonise you, but clearly there is specific financial requirement for a Tier 2 ILR, as quoted above from government guidance:

“You’ll usually need to be paid at least whichever is the highest out of the following:
£25,600 per year
£10.10 per hour
the ‘going rate’ for the type of work you’ll be doing"

the guidance is more ambiguous for dependants:

"you have enough income to support yourselves and your dependants"


My salary satifies the first criteria, however I want to seek clarification for requirement for my dependants, whether that is in form on higher income, bank statement monthly balance or else.

In previous years, when we had to extend our Tier 2 visa, usually the requirement is in form of bank statement balance in the last 3 months showing more than X amount, but I understand for ILR it might be different.

Kind regards

[CR001]

The requirement is for YOU to meet the SOC salary requirement. That's it. There is no other financial requirement.

[vinny]

Yes. Subject to Sponsorship and salary requirement for settlement as a Skilled Worker or any Transitional arrangements for salary on the Skilled Worker route for Tier 2 (General) holders?

I think dependants should be okay, as the rules do not appear to have any extra financial requirements for their settlement.

[groovybug]

Hi everyone,

I'm completing my ILR application (5 year route) and have found some questions to be quite unclear. Hope you can help me with:


1. When did you first enter the UK? This is the date you entered the UK when the period of stay you are basing this application on started.

I'm very unsure which date to put. So, I completed my PhD in London and was on Post Study Work visa. I got a job offer mid way through my Post Study Work visa. I came back to my home country to visit my family briefly before starting my job. I worked half a year on the Post Study Work visa, before moving to Work Permit (which is the basis of this application). Before the Post Study Work visa ends, I also travelled to Italy for holiday. So I was already in the UK when my Work Permit visa started.

Should I put the date I entered the UK as:
a. the date I came to the UK to start my PhD
b. the date I came back from my visit to my home country
c. the date I came back from my holiday in Italy

(The first time I came to the UK was even before this, for my Master degree. I came back to my home country for a year before starting my PhD, but I guess that is not relevant)


2. Have you previously lived in a country outside the UK including your country of birth?

a. I assumed by "lived", it does not include the times where I came back to my home country for holiday?
b. There were a period in the middle of my PhD where I still hold a UK student visa, but came back to my home country for a year for maternity leave. Should I include those?



3. (Document Required) All previous passports, travel documents or national identity cards that you have used to travel to or remain in the UK

I assume this requires only the documents since I have my Work Permit, and not since I first came to the UK, is that correct?


4. A civil court judgment against you, for example for non payment of debt, bankruptcy proceedings or anti-social behaviour

I had a CCJ for a gym membership that was automatically renewed when I went back to my home country after my Master. I didnt know about it and has settled it when I came back to the UK. This was 10 years ago. Do I still have to declare this?


Thank you so much for your help!

[Ticktack]

Hi everyone,

I'm completing my ILR application (5 year route) and have found some questions to be quite unclear. Hope you can help me with:


1. When did you first enter the UK? This is the date you entered the UK when the period of stay you are basing this application on started.

I'm very unsure which date to put. So, I completed my PhD in London and was on Post Study Work visa. I got a job offer mid way through my Post Study Work visa. I came back to my home country to visit my family briefly before starting my job. I worked half a year on the Post Study Work visa, before moving to Work Permit (which is the basis of this application). Before the Post Study Work visa ends, I also travelled to Italy for holiday. So I was already in the UK when my Work Permit visa started.

Should I put the date I entered the UK as:
a. the date I came to the UK to start my PhD This one.
b. the date I came back from my visit to my home country
c. the date I came back from my holiday in Italy

(The first time I came to the UK was even before this, for my Master degree. I came back to my home country for a year before starting my PhD, but I guess that is not relevant)


2. Have you previously lived in a country outside the UK including your country of birth?

a. I assumed by "lived", it does not include the times where I came back to my home country for holiday? You obviously lived somewhere before you came here. So Home country and anywhere else you had a resident permit.
b. There were a period in the middle of my PhD where I still hold a UK student visa, but came back to my home country for a year for maternity leave. Should I include those? UK doesn't count as you're currently here.



3. (Document Required) All previous passports, travel documents or national identity cards that you have used to travel to or remain in the UK

I assume this requires only the documents since I have my Work Permit, and not since I first came to the UK, is that correct? Since you came here.


4. A civil court judgment against you, for example for non payment of debt, bankruptcy proceedings or anti-social behaviour

I had a CCJ for a gym membership that was automatically renewed when I went back to my home country after my Master. I didnt know about it and has settled it when I came back to the UK. This was 10 years ago. Do I still have to declare this? Yep, but it has no effect.


Thank you so much for your help!

[groovybug]

@Ticktack

Thank you for your reply!

1. During my PhD, I did came back to my home country for a year for maternity leave. I still hold student visa during this period. So do you think the date I entered the UK to start my PhD is still most relevant, and not the date I came back from maternity leave (this should have been option d., my apologies) or the date I first entered the UK (to do my Master degree)?


3. I assume, by "since you came here", you meant the very first time I entered the UK for my Master? Sorry I'm abit confused as Home Office seems to ask for different period with seemingly similar wordings.

[zimba]

None of those questions are important at all. Stop overthinking. Just provide an answer as they have no influence over your application

[groovybug]

None of those questions are important at all. Stop overthinking. Just provide an answer as they have no influence over your application

Sorry I can't afford to make a mistake. I'm applying with 2 dependants, it will be costing us nearly 8k. We simply cant afford to not to it right.

[zimba]

None of those questions are important at all. Stop overthinking. Just provide an answer as they have no influence over your application

Sorry I can't afford to make a mistake. I'm applying with 2 dependants, it will be costing us nearly 8k. We simply cant afford to not to it right.

There is no mistake. You clearly do not understand how the rules are applied when evaluating an application. These answers on the form are NOT used to evaluate your eligibility. Your eligibility is determined according to the immigration rules based on your immigration history held by the UKVI. You are not the first one going through this

[AmazonianX]

@Ticktack

Thank you for your reply!

1. During my PhD, I did came back to my home country for a year for maternity leave. I still hold student visa during this period. So do you think the date I entered the UK to start my PhD is still most relevant, and not the date I came back from maternity leave (this should have been option d., my apologies) or the date I first entered the UK (to do my Master degree)? Date of entry into UK to START PhD


3. I assume, by "since you came here", you meant the very first time I entered the UK for my Master? Sorry I'm abit confused as Home Office seems to ask for different period with seemingly similar wordings.

[groovybug]

@AmazonianX: The problem with declaring "when did you first enter the UK" as the start of my PhD is I have to declare all the periods of absence during my PhD, which includes a whole year maternity leave. So my total declared absence would be way too high, even though the absence while I have Work Permit Visa is much less. I'm not sure the case worker would be careful enough to consider that. Do you think that is something to be worried about?

@Ticktack

Thank you for your reply!

1. During my PhD, I did came back to my home country for a year for maternity leave. I still hold student visa during this period. So do you think the date I entered the UK to start my PhD is still most relevant, and not the date I came back from maternity leave (this should have been option d., my apologies) or the date I first entered the UK (to do my Master degree)? Date of entry into UK to START PhD


3. I assume, by "since you came here", you meant the very first time I entered the UK for my Master? Sorry I'm abit confused as Home Office seems to ask for different period with seemingly similar wordings.

[vinny]

I think you should declare all absences. However, absences prior to the start of your qualifying period for your selected ILR application may be irrelevant your ILR eligibility.

[AmazonianX]

The question as stated is about the period in UK on which this ILR application is based. Therefore it will be at the earliest from 5years ago so when was this.?

[groovybug]

The question as stated is about the period in UK on which this ILR application is based. Therefore it will be at the earliest from 5years ago so when was this.?

I started my PhD more than 10 years ago. I finished my PhD 6 years ago. I started working while on Post Study Work visa, and then transitioned to Work Permit 5 years ago, which this application is based on.

The question asked "When did you first enter the UK? This is the date you entered the UK when the period of stay you are basing this application on started", and you advised me to put this date as the date I started my PhD, which is over 10 years ago.

The problem with that is if I put the date as the date I started my PhD, I will also have to declare a lot of absence during my PhD, including maternity leave in my home country. However none of the absence during my PhD is relevant to the application. If the case worker is not careful and they total up all declared absence, then my application would fail. So I'm questioning the wisdom of putting that date as the date I entered the UK.

[AmazonianX]

The question as stated is about the period in UK on which this ILR application is based. Therefore it will be at the earliest from 5years ago so when was this.?

I started my PhD more than 10 years ago. I finished my PhD 6 years ago. I started working while on Post Study Work visa, and then transitioned to Work Permit 5 years ago, which this application is based on.

The question asked "When did you first enter the UK? This is the date you entered the UK when the period of stay you are basing this application on started", and you advised me to put this date as the date I started my PhD, which is over 10 years ago.

The problem with that is if I put the date as the date I started my PhD, I will also have to declare a lot of absence during my PhD, including maternity leave in my home country. However none of the absence during my PhD is relevant to the application. If the case worker is not careful and they total up all declared absence, then my application would fail. So I'm questioning the wisdom of putting that date as the date I entered the UK.

Yes, that was wring as didn't read the outlined dates/immigration history as provided above, hence the refined reply.
Therefore, if in last 5years you have met the qualifying period, base it on that and use cover note for any explaining you need to do.

[Ticktack]

The question as stated is about the period in UK on which this ILR application is based. Therefore it will be at the earliest from 5years ago so when was this.?

I started my PhD more than 10 years ago. I finished my PhD 6 years ago. I started working while on Post Study Work visa, and then transitioned to Work Permit 5 years ago, which this application is based on.

The question asked "When did you first enter the UK? This is the date you entered the UK when the period of stay you are basing this application on started", and you advised me to put this date as the date I started my PhD, which is over 10 years ago.

The problem with that is if I put the date as the date I started my PhD, I will also have to declare a lot of absence during my PhD, including maternity leave in my home country. However none of the absence during my PhD is relevant to the application. If the case worker is not careful and they total up all declared absence, then my application would fail. So I'm questioning the wisdom of putting that date as the date I entered the UK.

You are seriously overthinking it. The questions aren't trick questions or designed to trip you up. The HO knows the rules and wouldn't calculate the wrong years for you.

Say truthfully when you first entered the UK. Then calculate your exits and entries from your qualifying period.

[groovybug]

The question as stated is about the period in UK on which this ILR application is based. Therefore it will be at the earliest from 5years ago so when was this.?

I started my PhD more than 10 years ago. I finished my PhD 6 years ago. I started working while on Post Study Work visa, and then transitioned to Work Permit 5 years ago, which this application is based on.

The question asked "When did you first enter the UK? This is the date you entered the UK when the period of stay you are basing this application on started", and you advised me to put this date as the date I started my PhD, which is over 10 years ago.

The problem with that is if I put the date as the date I started my PhD, I will also have to declare a lot of absence during my PhD, including maternity leave in my home country. However none of the absence during my PhD is relevant to the application. If the case worker is not careful and they total up all declared absence, then my application would fail. So I'm questioning the wisdom of putting that date as the date I entered the UK.

You are seriously overthinking it. The questions aren't trick questions or designed to trip you up. The HO knows the rules and wouldn't calculate the wrong years for you.

Say truthfully when you first entered the UK. Then calculate your exits and entries from your qualifying period.

Yes I know I'm overthinking.

So just to confirm your advice:

- I should declare the date of entering the UK as the date I started my PhD (even though I came to the UK before this to do my Master)

- I should only declare absence that is inside the qualifying period (so not absence during my PhD)

Did I understand correctly? Thank you!

[Ticktack]

So just to confirm your advice:

- I should declare the date of entering the UK as the date I started my PhD (even though I came to the UK before this to do my Master)

- I should only declare absence that is inside the qualifying period (so not absence during my PhD)

Did I understand correctly? Thank you!

Yes, that is correct.

[groovybug]

The question as stated is about the period in UK on which this ILR application is based. Therefore it will be at the earliest from 5years ago so when was this.?

I started my PhD more than 10 years ago. I finished my PhD 6 years ago. I started working while on Post Study Work visa, and then transitioned to Work Permit 5 years ago, which this application is based on.

The question asked "When did you first enter the UK? This is the date you entered the UK when the period of stay you are basing this application on started", and you advised me to put this date as the date I started my PhD, which is over 10 years ago.

The problem with that is if I put the date as the date I started my PhD, I will also have to declare a lot of absence during my PhD, including maternity leave in my home country. However none of the absence during my PhD is relevant to the application. If the case worker is not careful and they total up all declared absence, then my application would fail. So I'm questioning the wisdom of putting that date as the date I entered the UK.

Yes, that was wring as didn't read the outlined dates/immigration history as provided above, hence the refined reply.
Therefore, if in last 5years you have met the qualifying period, base it on that and use cover note for any explaining you need to do.

Hi AmazonianX,

I'm still unclear what you would advise to put the date of entry to the UK as? Do you agree with Ticktack advice, which is:


- I should declare the date of entering the UK as the date I started my PhD over 10 years ago (even though I came to the UK before this to do my Master)

- I should only declare absence that is inside the 5 year qualifying period (so not absence during my PhD)

Thank you everyone.

[AmazonianX]

The question as stated is about the period in UK on which this ILR application is based. Therefore it will be at the earliest from 5years ago so when was this.?

I started my PhD more than 10 years ago. I finished my PhD 6 years ago. I started working while on Post Study Work visa, and then transitioned to Work Permit 5 years ago, which this application is based on.

The question asked "When did you first enter the UK? This is the date you entered the UK when the period of stay you are basing this application on started", and you advised me to put this date as the date I started my PhD, which is over 10 years ago.

The problem with that is if I put the date as the date I started my PhD, I will also have to declare a lot of absence during my PhD, including maternity leave in my home country. However none of the absence during my PhD is relevant to the application. If the case worker is not careful and they total up all declared absence, then my application would fail. So I'm questioning the wisdom of putting that date as the date I entered the UK.

Yes, that was wring as didn't read the outlined dates/immigration history as provided above, hence the refined reply.
Therefore, if in last 5years you have met the qualifying period, base it on that and use cover note for any explaining you need to do.

Hi AmazonianX,

I'm still unclear what you would advise to put the date of entry to the UK as? Do you agree with Ticktack advice, which is:


- I should declare the date of entering the UK as the date I started my PhD over 10 years ago (even though I came to the UK before this to do my Master)

- I should only declare absence that is inside the 5 year qualifying period (so not absence during my PhD) Hence the cover note to state the period of 5years to be used just to ensure no confusion with caseworker.

Thank you everyone.

Correct.

[zimba]

Caseworkers will follow the rules and use the data on their system to evaluate eligibility. Errors on the form will not affect the applicant and you will not be punished. Questions on the form are not trick questions. Provide answers as intuitively as you can. Only absences from the last 5 years need to be declared. Again they check their system for the absecens. Answers on the form may just guide them in the right direction but will not be relied on for a decision