Immigrationboards.com

Hello!

I wonder if anyone could be so kind to help me with the tricky situation I'm trying to resolve.

Context:
My partner has received his ILR in September 2020 via Tier 2 General visa route. I received my visa to join him a few months later.
My visa was expiring on the 30th August 2020, and I needed I applied for it's extension beforehand. I haven't received any decision on my visa application till date.
The only thing I have is the email from UKVI saying that my visa application has been delayed due to COVID and that my immigration status within the UK is protected by statutorily extended leave under the provision of section 3C of the Immigration Act 1971.

Problem:
Now I'm filling in my ILR application SET (O) via Tier 2 Dependent partner visa (5 year route) as I'm eligible to apply for ILR in a couple days (still have no response re my visa extension).
So first question is it a correct form to fill in?
On the application there is a question: Do you have a visa, leave to enter or remain or other permission in the UK?
I answer: Yes.
The following field requires to enter the end date of my most recent visa, leave to enter or remain or other permission to be in the UK.
I'm confused which date shall I submit.That is the second question.

Thank you for your help!

If I am correct, you are trying to VARY your Tier 2 extension application to ILR as you are eligible now? Yes it will be SET(O).

Have you submitted biometrics for extension application?

When you start SET(O), the form will ask you if you have any pending applications with HO. You should mention your extension application there. Did you do that?? You should do that and proceed then.

Also add a cover letter with your ILR application that you varied it.

CULLINAN wrote: ↑

Tue Jan 12, 2021 7:50 pm

If I am correct, you are trying to VARY your Tier 2 extension application to ILR as you are eligible now? Yes it will be SET(O).

Have you submitted biometrics for extension application?

When you start SET(O), the form will ask you if you have any pending applications with HO. You should mention your extension application there. Did you do that?? You should do that and proceed then.

Also add a cover letter with your ILR application that you varied it.

Thank you for your reply!
Yes, I have submitted biometrics for extension application via Mobile App they invited me to.

Yes, in the first section of the ILR application, they asked about pending applications with HO and I have mentioned the extension application.

Which end date of my most recent visa, leave to enter or remain or other permission to be in the UK shall I still enter to the application?
If I enter the end date of my residence permit card, which is on 30 of Aug 2020, the next question they ask: Was there the reason beyond your control why you did not apply before your visa or leave to remain expired?
But I did applied, but it is pending.

I do not have sight to the form and the options. You will have to see what options you get. Maybe put the reason that you applied in time and are covered by Section 3C but you are making a variation application now?

What date do you qualify for ILR?

To make things clearer re the form, it has an Immigration Status section with the following question:
"Do you have a visa, leave to enter or remain or other permission to be in the UK?".

My current situation suggests that I have "other permission" at the moment: my visa expired, but I've got an email permission from them granting my stay with an open date (till the decision on my visa is made).

The second question I get is:
"What is the end date of your most recent visa, leave to enter or remain or other permission to be in the UK?".
This is where I stumbled as there's no date available.

I'm eligible for the ILR application as of today, which is 28 days before I got my dependent entry visa 5 years ago. Hope this provides enough information, but please let me know if more is needed. Thank you again.

Just select yes and proceed, put a generic date to override the question. Clarify in the cover letter then. If you qualify today, best to apply asap so you can get extension fees and IHS refunded in due course.

Many thanks for your reply!
I filled it with 28 Feb 2021 and was able to proceed further. I will prepare a letter explaining my situation.

Another thing that confused me is that:
-> there is no mention in the list of documents to provide any confirmation of me and my partner living together for 5 years. Such as tenancy agreement, counsel tax or correspondence. Does it mean that they do not need this documents anymore?
-> there is no requirement to provide letter from my employer on my absence days from the UK: vacations or business trips. Is it only a requirement for Tier 2 (General) visa holders route?

Thank you!

Checklist is not accurate. You need cohabitation documents for the last 2 years from date of application.

PBS dependent has no income requirements.

PBS dependent only has absence limits for any leave that was granted after 11th Jan 2018. So list accordingly (if any) otherwise the system does not ask for it.

CULLINAN wrote: ↑

Wed Jan 13, 2021 7:30 pm

Checklist is not accurate. You need cohabitation documents for the last 2 years from date of application.

PBS dependent has no income requirements.

PBS dependent only has absence limits for any leave that was granted after 11th Jan 2018. So list accordingly (if any) otherwise the system does not ask for it.

Brilliant! Thank you for your help. This is the last one, I promise!
Just to clarify:
I have to provide only 2 years worth of cohabitation documents cause of that change to the Immigration Rules, which came into effect on 11 January 2018? I thought the documents should cover 5 year period.

I have to provide absence list counting absences after 11th Jan 2018 then, haven't I?

The two years cohabitation evidence has absolutely nothing to do with the rule changes in January 2018.

You simply need 2 years evidence. It nreasonable to expect ukvi to travel through 5 years evidence.

CR001 wrote: ↑

Wed Jan 13, 2021 8:25 pm

The two years cohabitation evidence has absolutely nothing to do with the rule changes in January 2018.

You simply need 2 years evidence. It nreasonable to expect ukvi to travel through 5 years evidence.

Got it about the cohabitation evidence! Thank you!
Then this rule change is only related to the absence days, right?
And I have to provide absence list counting absences after 11th Jan 2018 then, haven't I?

You need cohabitation documents for the last 2 years from ILR date of application.

You only need to list absences on any leave that was granted after 11th Jan 2018. Lets say your last leave was granted in March 2018. You will list absences only after March 2018 in this case (example).

Many thanks for your prompt replies and support!