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ILR-Deemed leave granted for a period of 90 days under Section 8A(b) of the Immigration Act (1971)
Posted: Wed Mar 27, 2019 9:56 pm
by hai123
Hi,
Please someone explain me below point, it’s really confusing about 90 days period. Is der any link between 180days and 90days? I have highlighted relevant statement for your easy reference.
Page number 18 of
https://assets.publishing.service.gov.u ... .0-EXT.pdf
Exceptional cases
If a requirement for ILR is that an applicant must have held lawful residence in the UK that includes time spent in the UK with exempt status. Exempt status is not a grant of leave, so where the rules specifically require leave to be held, that requirement will not be met by an applicant having exempt status.
Deemed leave granted for a period of 90 days under Section 8A(b) of the Immigration Act (1971), from the day the applicant stops being exempt, can be counted towards the continuous period for ILR.
If the rules say the applicant must hold a specific category of leave, only time spent in this category will count towards the continuous period for ILR.
Re: ILR-Deemed leave granted for a period of 90 days under Section 8A(b) of the Immigration Act (1971)
Posted: Wed Mar 27, 2019 9:57 pm
by hai123
Pls also advise on below point-
My wife has entered in the UK on 16th Apr 2014. Considering 28 days period, she should be eligible for ILR on 19th Mar 2019.
However, she went to India during Jan 2018 and returned in Apr 2018 (duration: 110 days , which is more than 90 days). Based on the above highlighted statement, will there be any impact on her eligibility timelines?? pls advice??
Re: ILR-Deemed leave granted for a period of 90 days under Section 8A(b) of the Immigration Act (1971)
Posted: Wed Mar 27, 2019 10:30 pm
by CR001
What is hervisa route to ILR??
Exempt status refers to diplomats for example and is not relevant to absence limits for PBS route applicants.
Re: ILR-Deemed leave granted for a period of 90 days under Section 8A(b) of the Immigration Act (1971)
Posted: Thu Mar 28, 2019 12:24 am
by hai123
She is on Tier 2 dependant (5 years will be completed).
So can I confirm that above point related to 90 days is not applicable to her?
Re: ILR-Deemed leave granted for a period of 90 days under Section 8A(b) of the Immigration Act (1971)
Posted: Thu Mar 28, 2019 12:30 am
by hai123
One more clarification pls.
Me being on ILR status, I have been claiming child benefit for the last few years. Now in SET (O)-ILR application for my wife, der is a Q on Public funds as stated below.
Public funds
Do you or anyone else who is part of this application receive any public funds? (Required)
Include details for your partner or child if you have one. Examples of public funds include Income Support, Child Benefit, Housing Benefit, Council Tax Benefit, Carer’s Allowance and Disability Living Allowance. See a full list.
Yes or No
Considering my wife is not claiming public funds, can I select the answer as "NO". Please confirm.
Your assistance on this matter is much appreciated.
Re: ILR-Deemed leave granted for a period of 90 days under Section 8A(b) of the Immigration Act (1971)
Posted: Thu Mar 28, 2019 12:59 am
by zimba
NO is the correct answer
Set (O) mandatory checklist documents
Posted: Thu Mar 28, 2019 4:13 pm
by hai123
Hi,
My wife is applying for ILR. Her route of status is Tier-2 dependant (5 years). (fyi-I have received ILR few years ago).
She has filled online application and on the documents section, the below list of docs are listed
• Consent form for the Home Office to request verification checks on Mr xxx (my name) for joint accounts or third party support- No issues with this.
• Declaration signed by Mr xxxx (my name) to confirm consent for the Home Office to request verification checks- ideally this section should state my wife's name instead of my name. In the form there is no information about submitting declaration letter from my wife side.
Could someone pls advice, whether the above request (point number 2) is correct or to be on safe side, can we both myself and my wife submit (part-1 declaration letter)?
ILR set (O) application- child benefit Q for dependents
Posted: Fri Mar 29, 2019 5:51 pm
by hai123
I have received my ILR few years ago and claiming child benefit (public funds). Now my wife is going to apply for ILR (currently she is on tier-2 dependant route). As per the below guidance, it says
When you apply for settlement, you and
your partner must:
be living together in your own accommodation
not be using public funds (
https://www.gov.uk/government/publicati ... c-funds--2)
Please advise, what needs to be done. When I phoned up Homeoffice customer service team, they advised me to submit a cover note explaining the situation. Kindly suggest will the above rule apply in my wife's case and affects here ILR application?
I'm under the impression, me being on ILR status, I can claim child benefit and it shouldn't affect my wifes ILR application. Pls advise
Re: ILR set (O) application- child benefit Q for dependents
Posted: Fri Mar 29, 2019 11:18 pm
by zimba
Zimba wrote: ↑Thu Mar 28, 2019 12:59 am
NO is the correct answer
She is NOT getting an public funds.
Re: Set (O) mandatory checklist documents
Posted: Thu Apr 04, 2019 7:50 am
by aditya26
hai123 wrote: ↑Thu Mar 28, 2019 4:13 pm
Hi,
My wife is applying for ILR. Her route of status is Tier-2 dependant (5 years). (fyi-I have received ILR few years ago).
She has filled online application and on the documents section, the below list of docs are listed
• Consent form for the Home Office to request verification checks on Mr xxx (my name) for joint accounts or third party support- No issues with this.
• Declaration signed by
Mr xxxx (my name) to confirm consent for the Home Office to request verification checks- ideally this section should state my wife's name instead of my name. In the form there is no information about submitting declaration letter from my wife side.
Could someone pls advice, whether the above request (point number 2) is correct or to be on safe side, can we both myself and my wife submit (part-1 declaration letter)?
Can someone please advise what needs to be done in the above scenario? I am facing the a similar dilemma as hai123.
Thanks,
Aditya