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ILR queries
Posted: Wed Aug 12, 2020 4:39 pm
by Mel88
Hi, I am starting my application for ILR and I have a number of questions. Appreciate that some has probably been answered before but just want to be completely sure:
1) Application date
I have been issued the following visa below:
i) Tier 2 (General) – under previous Sponsor:
a) Issued date on BRP – 11 Sept 2015
b) Entered UK – 18 Sept 2015
c) Valid Until – 17 Oct 2018
ii) Tier 2 (General) – under current sponsor:
a) Issued date on BRP – 11 Jan 2018
b) Valid until – 4 March 2021
- My question is, based on the above information, when is the earliest I can submit my application? I understand we can submit 28 days before completing my qualifying period. So then what can I use to calculate the qualifying period? Would it be:
a) 28 days before the issued date on my first BRP of 11 Sept 2015, or
b) 28 days before I entered the UK under Tier 2 visa of 18 Sept 2015, or
c) 28 days before my current BRP expires of 4 March 2021, or
d) Any other date I am not actually aware of ?
2) When I was in between changing an employer, my last day at the previous employer was 2 Feb 2018 and my starting date at current employer was 19 Feb 2018. In between these dates, I was out of the UK but under the current employer BRP which has been approved prior to me leaving UK. How would I go about getting a verification for this absence as this does not fall into any of the employers. Would this have any effect on the 180 days rule (in total i don't exceed 180 days).
3) Where shall the absence letter being addressed to for my employer to put the address on their letter as they don't issue 'to whom it may concern' and they need an official address? I can't seem to find anywhere
Thank you very much in advance!
Re: ILR queries
Posted: Wed Aug 12, 2020 4:43 pm
by CR001
- My question is, based on the above information, when is the earliest I can submit my application? I understand we can submit 28 days before completing my qualifying period. So then what can I use to calculate the qualifying period? Would it be:
a) 28 days before the issued date on my first BRP of 11 Sept 2015, or
b) 28 days before I entered the UK under Tier 2 visa of 18 Sept 2015, or
c) 28 days before my current BRP expires of 4 March 2021, or
d) Any other date I am not actually aware of ?
2) When I was in between changing an employer, my last day at the previous employer was 2 Feb 2018 and my starting date at current employer was 19 Feb 2018. In between these dates, I was out of the UK but under the current employer BRP which has been approved prior to me leaving UK. How would I go about getting a verification for this absence as this does not fall into any of the employers. Would this have any effect on the 180 days rule (in total i don't exceed 180 days).
Simply add it to the list of absence and add a brief covering note.
3) Where shall the absence letter being addressed to for my employer to put the address on their letter as they don't issue 'to whom it may concern' and they need an official address? I can't seem to find anywhere
UK Visas & Immigration
SET(O)
Indefinite Leave to Remain
PO Box 591
Durham
DH1 9FS
Re: ILR queries
Posted: Wed Aug 12, 2020 4:55 pm
by Mel88
Thank you for the very quick reply!
"Simply add it to the list of absence and add a brief covering note."
Is this in the application form itself?
One additional question:
English requirements
I have a Bachelor’s degree certificate and transcript from Australia.
I have fulfilled this requirement under Tier 2 without having to do or provide anything additional .
But I have read the policy that I would need to get AQUALS and ELPS (do I need that?) from UK NARIC since it is not from a UK university. Or applying for UKVisaandNationality service from UK NARIC is sufficient for me?
Re: ILR queries
Posted: Wed Aug 12, 2020 5:06 pm
by CR001
"Simply add it to the list of absence and add a brief covering note."
Is this in the application form itself?
Yes, there is a table where you need to list all your absences.
English requirements
I have a Bachelor’s degree certificate and transcript from Australia.
I have fulfilled this requirement under Tier 2 without having to do or provide anything additional .
But I have read the policy that I would need to get AQUALS and ELPS (do I need that?) from UK NARIC since it is not from a UK university. Or applying for UKVisaandNationality service from UK NARIC is sufficient for me?
Are you Australian??
Re: ILR queries
Posted: Wed Aug 12, 2020 5:14 pm
by Mel88
Ahh okay thank you!.
No I am not Australian nor from any of the countries listed that are exempted, but I have a degree from Australia. So I am wondering which service I would need to pay for from UK NARIC to qualify for this requirement.
But I have read the policy that I would need to get AQUALS and ELPS (do I need that?) from UK NARIC since it is not from a UK university. Or applying for UKVisaandNationality service from UK NARIC is sufficient for me?
Re: ILR queries
Posted: Wed Aug 12, 2020 5:28 pm
by seagul
Mel88 wrote: ↑Wed Aug 12, 2020 5:14 pm
But I have read the policy that I would need to get AQUALS and ELPS (do I need that?) from UK NARIC since it is not from a UK university.
Yes
If your degree was taught or researched in English
You can prove your knowledge of English by having a degree that was taught or researched in English.
If your degree is from a UK university, you only need your degree certificate.
If your degree is not from a UK university you’ll need:
a copy of your degree certificate
an Academic Qualification Level Statement (AQUALS) from UK NARIC confirming the degree is equivalent to a UK qualification.
If your degree is from a non-majority English-speaking country you’ll also need an English Language Proficiency Statement (ELPS) from UK NARIC confirming the degree was taught in English.
https://www.gov.uk/english-language/degrees-in-english
Re: ILR queries
Posted: Fri Aug 14, 2020 1:26 pm
by Mel88
seagul wrote: ↑Wed Aug 12, 2020 5:28 pm
Mel88 wrote: ↑Wed Aug 12, 2020 5:14 pm
But I have read the policy that I would need to get AQUALS and ELPS (do I need that?) from UK NARIC since it is not from a UK university.
Yes
If your degree was taught or researched in English
You can prove your knowledge of English by having a degree that was taught or researched in English.
If your degree is from a UK university, you only need your degree certificate.
If your degree is not from a UK university you’ll need:
a copy of your degree certificate
an Academic Qualification Level Statement (AQUALS) from UK NARIC confirming the degree is equivalent to a UK qualification.
If your degree is from a non-majority English-speaking country you’ll also need an English Language Proficiency Statement (ELPS) from UK NARIC confirming the degree was taught in English.
https://www.gov.uk/english-language/degrees-in-english
Thanks for the replies, much appreciated!. I have however, received a reply below from one of the immigration advisers that I was enquiring. so I am confused.
In regards to your English as per page 16 of the Knowledge of Language and Life in the UK you do not need to provide evidence of UKNARIC if the Home Office have previously accepted a degree qualification as meeting the requirements for an earlier application and leave was granted. Please see below link:
https://assets.publishing.service.gov.u ... .0-ext.pdf
Re: ILR queries
Posted: Fri Aug 14, 2020 4:01 pm
by seagul
Mel88 wrote: ↑Fri Aug 14, 2020 1:26 pm
seagul wrote: ↑Wed Aug 12, 2020 5:28 pm
Mel88 wrote: ↑Wed Aug 12, 2020 5:14 pm
But I have read the policy that I would need to get AQUALS and ELPS (do I need that?) from UK NARIC since it is not from a UK university.
Yes
If your degree was taught or researched in English
You can prove your knowledge of English by having a degree that was taught or researched in English.
If your degree is from a UK university, you only need your degree certificate.
If your degree is not from a UK university you’ll need:
a copy of your degree certificate
an Academic Qualification Level Statement (AQUALS) from UK NARIC confirming the degree is equivalent to a UK qualification.
If your degree is from a non-majority English-speaking country you’ll also need an English Language Proficiency Statement (ELPS) from UK NARIC confirming the degree was taught in English.
https://www.gov.uk/english-language/degrees-in-english
Thanks for the replies, much appreciated!. I have however, received a reply below from one of the immigration advisers that I was enquiring. so I am confused.
In regards to your English as per page 16 of the Knowledge of Language and Life in the UK you do not need to provide evidence of UKNARIC if the Home Office have previously accepted a degree qualification as meeting the requirements for an earlier application and leave was granted. Please see below link:
https://assets.publishing.service.gov.u ... .0-ext.pdf
Regarding previous naric assessment there are oscillating opinions & experiences.
Re: ILR queries
Posted: Fri Aug 14, 2020 5:02 pm
by Mel88
seagul wrote: ↑Fri Aug 14, 2020 4:01 pm
Mel88 wrote: ↑Fri Aug 14, 2020 1:26 pm
seagul wrote: ↑Wed Aug 12, 2020 5:28 pm
Mel88 wrote: ↑Wed Aug 12, 2020 5:14 pm
But I have read the policy that I would need to get AQUALS and ELPS (do I need that?) from UK NARIC since it is not from a UK university.
Yes
If your degree was taught or researched in English
You can prove your knowledge of English by having a degree that was taught or researched in English.
If your degree is from a UK university, you only need your degree certificate.
If your degree is not from a UK university you’ll need:
a copy of your degree certificate
an Academic Qualification Level Statement (AQUALS) from UK NARIC confirming the degree is equivalent to a UK qualification.
If your degree is from a non-majority English-speaking country you’ll also need an English Language Proficiency Statement (ELPS) from UK NARIC confirming the degree was taught in English.
https://www.gov.uk/english-language/degrees-in-english
Thanks for the replies, much appreciated!. I have however, received a reply below from one of the immigration advisers that I was enquiring. so I am confused.
In regards to your English as per page 16 of the Knowledge of Language and Life in the UK you do not need to provide evidence of UKNARIC if the Home Office have previously accepted a degree qualification as meeting the requirements for an earlier application and leave was granted. Please see below link:
https://assets.publishing.service.gov.u ... .0-ext.pdf
Regarding previous naric assessment there are oscillating opinions & experiences.
So does this mean I still need to request the NARIC statement to fulfil the English requirements?
Re: ILR queries
Posted: Fri Aug 21, 2020 10:56 am
by Mel88
Hi All,
I have a few more clarifications needed.
I am having trouble getting absence letter from my previous employer, they only confirmed my salary, date of joining and leaving. I did ask for additional info, they said since I am no longer an employee, this is the standard reference they will provide.
I have calculated the no of working days i was absence when i was with them as below:
2016 - 20 working days
2017 - 23 working days
I have read that if it is less than 30 working days plus statutory public holidays per annum, it is up to the discretion of the caseworker.
My questions:
1) Whether the above constitute less than 30 working days or I have been calculating the residence year wrongly or I do need to include public holidays or weekends. If so then I would definitely exceed 30 days.
2) What can I provide to the Home Office as a supporting document for these absences
3) Should I write a cover letter explaining my trouble ? or anything else I need to include?
Thank you very much and your advice is really appreciated!
Re: ILR queries
Posted: Fri Aug 21, 2020 11:26 am
by AmazonianX
Mel88 wrote: ↑Fri Aug 21, 2020 10:56 am
Hi All,
I have a few more clarifications needed.
I am having trouble getting absence letter from my previous employer, they only confirmed my salary, date of joining and leaving. I did ask for additional info, they said since I am no longer an employee, this is the standard reference they will provide.
I have calculated the no of
working days i was absence when i was with them as below:
2016 - 20
working days
2017 - 23
working days
I have read that if it is less than 30 working days plus statutory public holidays per annum, it is up to the discretion of the caseworker.
My questions:
1) Whether the above constitute less than 30 working days or I have been calculating the residence year wrongly or I do need to include public holidays or weekends. If so then I would definitely exceed 30 days.
2) What can I provide to the Home Office as a supporting document for these absences
3) Should I write a cover letter explaining my trouble ? or anything else I need to include?
Yes, including correspondence/email between you and employer showing you requested for it and they replied that the standard ref is what they can give you.
Thank you very much and your advice is really appreciated!
Re: ILR queries
Posted: Sat Aug 22, 2020 11:12 pm
by Mel88
Thanks so much everyone for your help so far.
I do have a bit more question to clarify. I have applied for a US visitor visa before, and the US embassy requested for additional information instead of just approving my visa straightaway like other visitors. I was given a letter and email titled ‘Administrative Processing’ and stated ‘your visa application has been refused under s221(g), pending additional administrative processing.’
And then it stated ‘for US Immigration law purposes, including ESTA, this decision constitutes a denial of a visa’. So does this mean I need to declare in my ILR set(O) form and if so, what additional information do I need to provide? It also stated the below:
Thank you very much for your interest in a non-immigrant visa for travel to the United States. Some additional information is required at this time in order to continue the processing of your recent application.
The visa was then approved after I provided all the information requested and I even went to the US a year later. Does this constitute a visa refusal that I need to declare in my ILR application form? I want to make sure I cover every angles.
In case anyone has any similar experience? Any advice is greatly appreciated. I am just not sure if this constitutes a visa refusal that I need to declare.
Re: ILR queries
Posted: Sat Aug 22, 2020 11:18 pm
by zimba
That does not constitute visa refusal. You are overthinking these stuff. Getting ILR in the UK will not be affected if you were refused a visa in other countries
Re: ILR queries
Posted: Sun Aug 23, 2020 9:10 am
by AmazonianX
Mel88 wrote: ↑Sat Aug 22, 2020 11:12 pm
Thanks so much everyone for your help so far.
I do have a bit more question to clarify. I have applied for a US visitor visa before, and the US embassy requested for additional information instead of just approving my visa straightaway like other visitors. I was given a letter and email titled ‘Administrative Processing’ and stated ‘your visa application has been refused under s221(g), pending additional administrative processing.’
And then it stated ‘for US Immigration law purposes, including ESTA, this decision constitutes a denial of a visa’. So does this mean I need to declare in my ILR set(O) form and if so, what additional information do I need to provide? It also stated the below:
Thank you very much for your interest in a non-immigrant visa for travel to the United States. Some additional information is required at this time in order to continue the processing of your recent application.
The visa was then approved after I provided all the information requested and I even went to the US a year later. Does this constitute a visa refusal that I need to declare in my ILR application form? I want to make sure I cover every angles.
No, it does not constitute a refusal because you did not have to reapply again to get the visa. The visa was issued to you on the strength of your application upon presenting the additional information that the US embassy requested. Therefore, no need for declaration of refusal.
In case anyone has any similar experience? Any advice is greatly appreciated. I am just not sure if this constitutes a visa refusal that I need to declare.
Re: ILR queries
Posted: Mon Aug 24, 2020 12:32 pm
by Mel88
AmazonianX wrote: ↑Sun Aug 23, 2020 9:10 am
Mel88 wrote: ↑Sat Aug 22, 2020 11:12 pm
Thanks so much everyone for your help so far.
I do have a bit more question to clarify. I have applied for a US visitor visa before, and the US embassy requested for additional information instead of just approving my visa straightaway like other visitors. I was given a letter and email titled ‘Administrative Processing’ and stated ‘your visa application has been refused under s221(g), pending additional administrative processing.’
And then it stated ‘for US Immigration law purposes, including ESTA, this decision constitutes a denial of a visa’. So does this mean I need to declare in my ILR set(O) form and if so, what additional information do I need to provide? It also stated the below:
Thank you very much for your interest in a non-immigrant visa for travel to the United States. Some additional information is required at this time in order to continue the processing of your recent application.
The visa was then approved after I provided all the information requested and I even went to the US a year later. Does this constitute a visa refusal that I need to declare in my ILR application form? I want to make sure I cover every angles.
No, it does not constitute a refusal because you did not have to reapply again to get the visa. The visa was issued to you on the strength of your application upon presenting the additional information that the US embassy requested. Therefore, no need for declaration of refusal.
In case anyone has any similar experience? Any advice is greatly appreciated. I am just not sure if this constitutes a visa refusal that I need to declare.
thank you very much all.
I was just going through my list of documents, can I check what evidence do I need to provide for this:
1) Evidence of XXX's immigration status in the UK
And, whether I need to get my employer to sign the Part 3 of the Declaration Consent ie whether they constitute as sponsor?
thanks!
Re: ILR queries
Posted: Mon Aug 24, 2020 1:41 pm
by CR001
1) Evidence of XXX's immigration status in the UK
Your current BRP card.
And, whether I need to get my employer to sign the Part 3 of the Declaration Consent ie whether they constitute as sponsor?
No! This is not related to your tier 2 sponsor.
Re: ILR queries
Posted: Tue Aug 25, 2020 9:26 am
by Mel88
Thanks so much for everyone's comments and replies! I am just nervous as you can tell from all my questions.
I have one more question (for now).
I understand that I have up until 10pm on the day of my biometric appointment to upload and submit my documents.
I have a couple one still outstanding (my employer needs to correct a couple of errors in my reference letter and they still need to send me payroll authentication letter).
My question is whether I can submit and pay my application today for example and upload everything once i have all documents? would it matter that the dates of my documents is after the date i submit the online form and pay?
how long do I have to upload and submit my docs on UKVCAS after submitting and paid my application?
thank you!
Re: ILR queries
Posted: Tue Aug 25, 2020 10:07 am
by CR001
My question is whether I can submit and pay my application today for example and upload everything once i have all documents? would it matter that the dates of my documents is after the date i submit the online form and pay?
Your supporting documents must be dated on or before the date of application, which is the date you submit and pay.
how long do I have to upload and submit my docs on UKVCAS after submitting and paid my application?
Any time upto the date of your appointment.
Re: ILR queries
Posted: Tue Aug 25, 2020 10:11 am
by AmazonianX
Mel88 wrote: ↑Tue Aug 25, 2020 9:26 am
Thanks so much for everyone's comments and replies! I am just nervous as you can tell from all my questions.
I have one more question (for now).
I understand that I have up until 10pm on the day of my biometric appointment to upload and submit my documents.
I have a couple one still outstanding (my employer needs to correct a couple of errors in my reference letter and they still need to send me payroll authentication letter).
My question is whether I can submit and pay my application today for example and upload everything once i have all documents? would it matter that the dates of my documents is after the date i submit the online form and pay?
how long do I have to upload and submit my docs on UKVCAS after submitting and paid my application?
thank you!
As said numerous times on various threads, documents in support of application should be dated before online submission. HO take the date of payment and or submission as the day of application. The date on your document should be on or before submission and payment.
You have till the day of biometrics appointment to upload your documents.
Re: ILR queries
Posted: Tue Aug 25, 2020 6:16 pm
by Mel88
CR001 wrote: ↑Tue Aug 25, 2020 10:07 am
My question is whether I can submit and pay my application today for example and upload everything once i have all documents? would it matter that the dates of my documents is after the date i submit the online form and pay?
Your supporting documents must be dated on or before the date of application, which is the date you submit and pay.
how long do I have to upload and submit my docs on UKVCAS after submitting and paid my application?
Any time upto the date of your appointment.
Thanks so much for your prompt reply!.
If I submit my application on 27th Aug, and my payslip is dated 29 July, is that acceptable? I have read somewhere it should be 28 days before your application in which case then might as well I wait for my August payslip and get the latest bank statement and submit them afterwards. Thank you!
Re: ILR queries
Posted: Tue Aug 25, 2020 6:30 pm
by CR001
I would wait for August payslip and get latest bank statements
Re: ILR queries
Posted: Thu Sep 24, 2020 12:28 pm
by Mel88
Hi guys,
just wanted to say thank you to all the gurus and moderators for all your help and guidance, they have helped me so much. I just received my approval today! Submitted on 5th Sept and went for biometric on 15th Sept.
So thanks again!
p/s: I declared my refusal of US visa application and also attached a cover letter explaining the situation etc. just FYI