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Skilled worker application and ILR gap

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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joeas6
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Skilled worker application and ILR gap

Post by joeas6 » Wed Sep 06, 2023 11:01 am

Hi,

I am currently on Global Mobility Visa and staying in the UK along with my dependents.

I got a new job. Hence, I submitted an application through priority service using ID Check App.

My dependents also submitted their applications through ID Check App, but through normal service. We were not initially aware of the fact that priority option wasn't available for applications that were filled through ID Check App.

Now below are my queries,

1. Would there any issue in my case (Mine is under priority and my dependents are under normal process)?
2. If my application goes through fine, I'll be getting the visa in a week's time. But they would get it after 8 weeks (The processing time is 8 weeks under normal service). In this case, Would there be any issue while applying for the ILR? I would complete my 5 years before them. What would happen for them when I complete my 5 years and ready for the ILR? Are they still eligible/allowed to apply ILR along with me? or Should they wait for 8 more weeks after I had applied? If they had to wait, what kind of Visa or route should I/they take?

Please could you clarify. Thank you.

joeas6
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Re: My daughter eligible for ILR without staying 5 years in UK

Post by joeas6 » Wed Sep 06, 2023 5:15 pm

Moved from: uk-skilled-worker-visas/my-daughter-eli ... 38058.html
Vasanth287 wrote:
Sat Sep 02, 2023 2:25 am
Thanks a lot for your quick response.
If I understood correctly, your daughter and spouse need the visa extension for only 3 months to make the 5 year mark. If this is correct, Would the fees to be paid for Application and IHS? If so, please could you tell me the rough figure? I hear that we need to pay 1 year IHS fees even though the actual required timeline is shorter.

I would also face the same situation after 5 years. Though it is a long time to go.

In my case, I am currently on Global Mobility Visa and staying in the UK along with my dependents.

I got a new job. Hence, I submitted an application through priority service using ID Check App.

My dependents also submitted their applications through ID Check App, but through normal service. We were not initially aware of the fact that priority option wasn't available for applications that were filled through ID Check App. They will also have a gap of 2 months.

But one thing is different. In my case, they have started living in the UK from the same time as mine. I would get the new visa that is eligible for settlement. They will be on the old visa till they get the new one. I am not sure if this would avoid them to fill the 2 months gap. If anyone know, please could you clarify. Thanks.

secret.simon
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Re: My daughter eligible for ILR without staying 5 years in UK

Post by secret.simon » Wed Sep 06, 2023 5:29 pm

joeas6 wrote:
Wed Sep 06, 2023 5:15 pm
If I understood correctly, your daughter and spouse need the visa extension for only 3 months to make the 5 year mark. If this is correct, Would the fees to be paid for Application and IHS? If so, please could you tell me the rough figure? I hear that we need to pay 1 year IHS fees even though the actual required timeline is shorter.
@zimba has already answered your question above.
zimba wrote:
Thu Jul 20, 2023 1:21 pm
The dependant visa is granted for 3 years if you have ILR. This is fixed and you can not request a shorter period. You must pay 3 years of IHS fees then.
You don't get a choice in the length of dependent visa to apply for. It is a visa that is issued for three years and you will be charged both the fees and the IHS for that length of time.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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zimba
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Re: Skilled worker application and ILR gap

Post by zimba » Wed Sep 06, 2023 5:48 pm

@joeas6
DO NOT tag your question on other topics !
My dependents also submitted their applications through ID Check App, but through normal service. We were not initially aware of the fact that priority option wasn't available for applications that were filled through ID Check App.
ID check app has NOTHING to do with visa priority processing service. The priority service is a visa processing service which you choose when submitting and paying for your application online. ID check app is used to collect your biometrics. Visa processing only kicks in AFTER you submit your biometrics, whether biometrics is sent via App or not. Also, time spent waiting for an in-time visa application is considered lawful residence for the purpose of the ILR qualifying period for your dependants
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

joeas6
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Re: Skilled worker application and ILR gap

Post by joeas6 » Wed Sep 06, 2023 7:12 pm

zimba wrote:
Wed Sep 06, 2023 5:48 pm
@joeas6
DO NOT tag your question on other topics !
My dependents also submitted their applications through ID Check App, but through normal service. We were not initially aware of the fact that priority option wasn't available for applications that were filled through ID Check App.
ID check app has NOTHING to do with visa priority processing service. The priority service is a visa processing service which you choose when submitting and paying for your application online. ID check app is used to collect your biometrics. Visa processing only kicks in AFTER you submit your biometrics, whether biometrics is sent via App or not. Also, time spent waiting for an in-time visa application is considered lawful residence for the purpose of the ILR qualifying period for your dependants
@zimba. I am sorry and I am new to this portal. Hence, I tagged my question on other topic. I'll be careful from now on.

Thanks a lot for your time and reply. But when I checked in the site, https://www.gov.uk/faster-decision-visa ... ide-the-uk , it says the priority service is not available if we use ID Check. I am not sure if I am interpreting wrongly. When I tried to the fees, the priority option was not showing up for them. That's the reason I had to select the normal service.

Also, in my case, Will I be getting the decision first or all my dependants will be getting the same time as mine?
Also, time spent waiting for an in-time visa application is considered lawful residence for the purpose of the ILR qualifying period for your dependants
So in this case, to clarify once again, they can apply ILR along with me. Is my understanding correct?

Thank you so much for your support.

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zimba
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Re: Skilled worker application and ILR gap

Post by zimba » Wed Sep 06, 2023 7:34 pm

I'm not sure what you are talking about. The App is used to collect biometrics which has nothing to do with the visa services. You choose the visa service when applying. The issue of the app is not relevant until after you are done with your application. The reason you did not see the super priority option is that availability for that service is quite limited. UKVI has limited resources and cannot give everyone a super priority slot !

This has already been explained here: Online Application - Why there is no Super Priority Service Option ?

As the main applicant, your visa should be processed first. You need to be granted a visa first as their application depends on YOU. Their visa being granted later has no effect on ILR timeline. As I explained, time spent waiting is as if they spent it on a valid visa :!:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

joeas6
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Re: Skilled worker application and ILR gap

Post by joeas6 » Thu Sep 07, 2023 11:09 am

Thanks a lot for your nice explanation zimba.

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