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Set (O) or Set (LR) for 5 years on Tier 2 General
Posted: Thu Oct 10, 2019 4:20 pm
by needcos
Hi All,
Can somebody confirm whether we should go with Set (O) or Set (LR) for 5 Years rule?
Here is my detail
First entered UK : 11-Sep-2010 (Student dependent on Wife)
Switched to PSW Dependent : June 2012
Started working for my current employer : 07-Jan-2013
Left to India in June 2014 whilst working for same company as my PSW expired.
Got sponsored by my employer and re-entered UK 15-Nov-2014 on 5 Years Visa expiring 22-Nov-2019
Also I assume I should make one application for myself and one for my wife??
Thanks
Re: Set (O) or Set (LR) for 5 years on Tier 2 General
Posted: Thu Oct 10, 2019 4:23 pm
by CR001
Set (O) or Set (LR) for 5 Years rule?
It is Set(O) for ILR based on 5 years tier 2.
Re: Set (O) or Set (LR) for 5 years on Tier 2 General
Posted: Thu Oct 10, 2019 4:24 pm
by needcos
thank you
and I guess I have to make one application for myself and one for my Wife (she is been with me in UK all these time)
Re: Set (O) or Set (LR) for 5 years on Tier 2 General
Posted: Thu Oct 10, 2019 4:25 pm
by CR001
You can add her to your application as your dependent.
Re: Set (O) or Set (LR) for 5 years on Tier 2 General
Posted: Thu Oct 10, 2019 4:26 pm
by needcos
in that case there is no need for additional application? please confirm
Re: Set (O) or Set (LR) for 5 years on Tier 2 General
Posted: Thu Oct 10, 2019 4:27 pm
by CR001
CR001 wrote: ↑Thu Oct 10, 2019 4:25 pm
You can add her to your application as your dependent.
Was anything unclear about adding her to your application?
Re: Set (O) or Set (LR) for 5 years on Tier 2 General
Posted: Thu Oct 10, 2019 4:29 pm
by needcos
on the gov website says:
https://www.gov.uk/long-residence/family-members
Family members
Your family members (‘dependants’) can apply separately if they’re eligible.
A dependant is your:
partner
child
You cannot include your family members (‘dependants’) in your application.
Please confirm??
Re: Set (O) or Set (LR) for 5 years on Tier 2 General
Posted: Thu Oct 10, 2019 4:32 pm
by CR001
needcos wrote: ↑Thu Oct 10, 2019 4:29 pm
on the gov website says:
https://www.gov.uk/long-residence/family-members
Family members
Your family members (‘dependants’) can apply separately if they’re eligible.
A dependant is your:
partner
child
You cannot include your family members (‘dependants’) in your application.
Please confirm??
Why are you looking at the SET(LR) guidance and not the SET(O). They are completely different rules. If you are applying for ILR based on 5 years tier 2, you cannot use SET(LR), which is for 10 years long residence ILR.
Re: Set (O) or Set (LR) for 5 years on Tier 2 General
Posted: Thu Oct 10, 2019 4:42 pm
by needcos
sorry my bad , was looking at wrong link
Re: Set (O) or Set (LR) for 5 years on Tier 2 General
Posted: Thu Oct 10, 2019 5:06 pm
by needcos
As in the application it asks first entered in UK - in my case 2010 (4 years before my Tier 2 started)
Should I provide letters from previous employers?? this sounds irrelevant.
OR
Should only enter first entered UK as Tier 2 General?? - which is Nov-2014
Re: Set (O) or Set (LR) for 5 years on Tier 2 General
Posted: Thu Oct 10, 2019 5:08 pm
by CR001
Should I provide letters from previous employers?? this sounds irrelevant.
NJ o, it is irrelevant.
Should only enter first entered UK as Tier 2 General?? - which is Nov-2014
Simply state the date of entry when you first came.
Re: Set (O) or Set (LR) for 5 years on Tier 2 General
Posted: Thu Oct 10, 2019 5:12 pm
by needcos
honestly you are a star!!!
Just enter first entered UK as 2010 but only provide proof for absences since 2014 on Tier 2 General ??
Thanks
Re: Set (O) or Set (LR) for 5 years on Tier 2 General
Posted: Thu Oct 10, 2019 5:46 pm
by CR001
Yes.
Re: Set (O) or Set (LR) for 5 years on Tier 2 General
Posted: Thu Oct 10, 2019 6:38 pm
by needcos
last question (hopefully)
My daughter was born in UK and planning to apply for her citizenship directly once we get ILR
Guess I don't need to add her as applicant.
Re: Set (O) or Set (LR) for 5 years on Tier 2 General
Posted: Thu Oct 10, 2019 6:48 pm
by CR001
needcos wrote: ↑Thu Oct 10, 2019 6:38 pm
last question (hopefully)
My daughter was born in UK and planning to apply for her citizenship directly once we get ILR
Guess I don't need to add her as applicant.
No.
Re: Set (O) or Set (LR) for 5 years on Tier 2 General
Posted: Thu Oct 10, 2019 7:02 pm
by needcos
one more please!!
If you have added a spouse or civil partner to this application form who is applying at the same time as you, please provide documentary evidence of cohabitation since you were last granted leave (up to a maximum of two years). Evidence provided should cover the whole period and be in the form of official letters or documents, addressed to yourself and your spouse.
Not quite sure what to provide for this?
Re: Set (O) or Set (LR) for 5 years on Tier 2 General
Posted: Thu Oct 10, 2019 7:09 pm
by needcos
ok ignore...understood now
letters of correspondence for 2 years(spread evenly as possible) showing both of us lived at same address
Re: Set (O) or Set (LR) for 5 years on Tier 2 General
Posted: Thu Oct 10, 2019 7:12 pm
by needcos
now really last question...honestly
my 5 years visa expires 23-Nov-2019
SO when am I eligible to submit my application (i.e. 28 days before clause)??
Re: Set (O) or Set (LR) for 5 years on Tier 2 General
Posted: Thu Oct 10, 2019 7:15 pm
by CR001
You can apply within 28 days before 15th November, the 5th anniversary of your initial visa issue date.
Re: Set (O) or Set (LR) for 5 years on Tier 2 General
Posted: Thu Oct 10, 2019 7:28 pm
by needcos
brilliant so i can submit by 19th oct
Re: Set (O) or Set (LR) for 5 years on Tier 2 General
Posted: Thu Oct 10, 2019 7:49 pm
by needcos
on my CoS 5 Years ago it stated Total weekly hours of work as 40
our company time-sheets we just enter 37.5 hours per week.
On my ILR application now should I say 37.5 or 40 hours?
Re: Set (O) or Set (LR) for 5 years on Tier 2 General
Posted: Thu Oct 10, 2019 7:57 pm
by CR001
You enter what you are paid for. Note that the ILR salary threshold is based on 39 hours and you must meet the salary requirement.
Re: Set (O) or Set (LR) for 5 years on Tier 2 General
Posted: Thu Oct 10, 2019 8:02 pm
by needcos
ok yes my salary is 60k based on 37.5 hours a week and my soc is 2135, guess its above the threshold
Re: Set (O) or Set (LR) for 5 years on Tier 2 General
Posted: Thu Oct 10, 2019 8:05 pm
by CR001
Indeed so HO would pro rate it to 39 hours.
Re: Set (O) or Set (LR) for 5 years on Tier 2 General
Posted: Thu Oct 10, 2019 8:06 pm
by needcos
brilliant...thank you so much pal