ILR LR query!

[db101]

lots of confusion i can see lots of posts . need to confirm if i am ok or not.

My timeline

Came in UK on

Tier 4 visa 04/06/2011 valid till 01/07/2012
Tier 4 Visa Application in time before 01/07/2012 and granted 0n 05/12/2012 till 09/09/2013
Tier 1 Visa Application in time on 02/06/2013 Granted till 08/08/2016
Tier 1 Visa Extension Application before 08/08/2016 but got rejected and AR rejected aswel on 09/12/2017 (AR)

Letter received apply within 14 days of receiving this letter (exact words). (Letter received on 11/12/2017)

Applied again on 24/12/2017 and visa granted in Jan-2020 almost 2 years later.

Q. My intention was to apply after receiving AR decision letter as letter stated 14 days of receiving . when i look into to rule 39E i don't qualify for 2nd application as application was 2 day late and they should reject my application on GGOR.

but my application was successful is it means they satisfy with the 14 days rule and my overstay will be disregard?

1 point to be noted in covering letter which i attached with 2nd application to tell them i have 14 days of receiving this letter and evidence also attached with that covering letter (the might have consider ececption).

From all above what is your analysis is my continuity still intact (my all applications was tier never apply for any outside of Tier application nor varied any application)

Thanks your time.

[db101]

Anyone pls help on this if Zimba that will be over the moon

[zimba]

The date your section 3C ends is two business days after the date of the AR refusal letter, then 14 days from that date should be considered for a new application under paragraph 39E. You should be fine

[db101]

You are star and Thanks for your time Zimba

Few questions please.

Q1. For my partner as director I heard that I have to submit full year accounts. Here is problem last year accounting period my income was 17k which will not hit the requirement. My this most recent accounts date is just 2 months before my partner application will go.

Option 1: As we know we can change accounting period, if I change accounting period 2 month earlier, I can complete the requirement. but this will be less then 12 months accounting period.

Option 2: can I combine my partner self-employment p60 along with my income and documents motioned for accounting period.

Q2. Our child was born when our last application was in HO, therefore unable to register him to our embassy. When I look into the application, we have to mention him in application and in nationality here is no other. Some people told me that write your nationality , but this will be lie. What is the solution of that?

Q3. I passed by English B1 more than 2 years ago form trinity college london ISE and I used it with my last successful application and I have IELTS overall 6.5 when I enter first. Which one?

Q4. I can see they also check ties in UK, I have 3 siblings BC and their families and lots of extended family members. Do u think is it wise to wrote them in covering letter which might help?

Thanks for your time.

[zimba]

Q1. Salaried and self-employment income can be combined. The accounting period must be 12 months.
Full guide: https://assets.publishing.service.gov.u ... t-v5.0.pdf

Q2. Your nationality as children are expected to acquire parents nationality at birth

Q3. Use the Trinity

Q4. There is no need

[db101]

Thanks for your time! checking few requirement need certification . please if when u got time.

Q1). my partner earning about 11k (self-employment).

(i) if we both combine our self-employment do i have to submit my company details or just self-assessment.
(ii) do we have to submit last two years account or one year
(iii) what document proof they required for self employed

Q2). my total out is about 71 days (multiple entries) in last 10 years . if i applied 25 days before 10 years completion and applied same day service (if its open for this category by than) is that ok?

Q3). as we are not applying for our child with application does she need 18600 or 22400

Many Thanks.

[zimba]

Q1. The guide I posted explains exactly what they expect from you. Read from page 55 onwards: Self-employment or Director or employee of a specified limited company in the UK

Q2. Yes it's fine

Q3. £18600

[db101]

Thanks

pls post the link.

i read someone if dependants spend more than five years in PBS can apply for ILR .

what will happen in my case as i am applying for ILR(LR)

Q: my wife already spend more than 5 years in Tier 1 (does application time consider as continues time 4 years plus 2 years waiting time)

regards,

[CR001]

If you apply for ilr based on long residence, your dependents CANNOT apply for ilr based on PBS dependent visas.

They have to switch to FLR M, meeting the English and financial requirements. This will reset their 5 year ilr clock to zero and will be a 2.5 year x 2 visa route to ilr based on 5 years residence.

[db101]

Thanks CR001

what will happen if she completed 5 years before i applied for ilr(lr)

https://assets.publishing.service.gov.u ... 0_v1.0.pdf

i am looking into above qualification is 5 years on PBS in this root?

just digging if not its ok!

Thanks

[zimba]

Thanks CR001

what will happen if she completed 5 years before i applied for ilr(lr)

https://assets.publishing.service.gov.u ... 0_v1.0.pdf

i am looking into above qualification is 5 years on PBS in this root?

just digging if not its ok!

Thanks

It is NOT simply about completing 5 years. A PBS dependant can ONLY be granted ILR under PBS if the main applicant is granted ILR under PBS at the same time or before the dependant. The name of the visa makes this clear: DEPENDANT visa. The ILR is therefore always dependent on the main applicant's circumstances. If you do not go through PBS route, your dependant cannot either. You get ILR under long residence and your dependant must switch from PBS to the family route

I also posted the link to the FULL GUIDE regarding family route finances above !!

[db101]

Thanks Zimba Understood

i read from page 53 and understand self-employement with specified company which is in my case.

Q1: my wife doesn't work for my company she worked different companies . in her case she has to produce self assessment, tax paid & bank account statement in order to show income.

Q2: she has about 2300 cash income on top of bank income which she will declare in accounts, but this cash doesn't goto bank. how she can prove that (bank statements and cash receipt?)

Q3: as i mentioned i will be short 2 months for company account when she will submit application , can i send evidence after submitting application while if her app is pending . is that ok!

Thanks for your time.

[zimba]

Please start a new post regarding her FLR(M) application in this forum immigration-for-family-members/

[db101]

Thanks @Zimba

i received my SAR last week, there are so many people talking about 39E rule.

in SAR i can see all my application marked In time application?: Yes

and this Applicant in breach of previous conditions?: No

A). is that's the way they are checking if previous all applications was in time?

[zimba]

Correct

[db101]

Thanks @Zimba

as mentioned above my 2nd app toke almost 2 years, i taken myself off from payroll and started again after reinstate my leave.

1). in employment section of application they asking When did you start working for this company or organisation? what date it would be beginning or rejoining date.

2). secondly i can see some strange comments in SAR , CO argue that i was not engaged with my business when my second application was pending (CO was not happy for that) which SM doesn't consider his point .

3). also when i see SAR notes of my second app its says following Current Immigration Status: T1 -Entrepreneur- LTR my question is does condition remain same for Entrepreneur even he has second app.

[db101]

@Zimba along with above post please answer following

in document selection i have to check this but my child UK born and i will apply for his BC when i will get ILR if i uncheck this it doesn't go forward. what i do.

Document(s) showing your child / children's immigration status such as passports, biometric residence cards, or vignettes

Thanks for your time

[zimba]

Thanks Zimba

as mentioned above my 2nd app toke almost 2 years, i taken myself off from payroll and started again after reinstate my leave.

1). in employment section of application they asking When did you start working for this company or organisation? what date it would be beginning or rejoining date.

2). secondly i can see some strange comments in SAR , CO argue that i was not engaged with my business when my second application was pending (CO was not happy for that) which SM doesn't consider his point .

3). also when i see SAR notes of my second app its says following Current Immigration Status: T1 -Entrepreneur- LTR my question is does condition remain same for Entrepreneur even he has second app.

1. SET(LR) does not have an employment requirement. Answer whatever you want
2. Ignore that
3. You were an overstayer until your 2nd application was approved. Visa conditions do not change

[zimba]

@Zimba along with above post please answer following

in document selection i have to check this but my child UK born and i will apply for his BC when i will get ILR if i uncheck this it doesn't go forward. what i do.

Document(s) showing your child / children's immigration status such as passports, biometric residence cards, or vignettes

Thanks for your time

Ignore that. SET(LR) has nothing to do with your spouse or children. That list is generic

[db101]

Thanks for your time @zimba

so i have to add child in children section and do i have to add any covering letter or add comment in other reason box

what words it would be pls help.

[zimba]

Thanks for your time zimba

so i have to add child in children section and do i have to add any covering letter or add comment in other reason box

what words it would be pls help.

As I said, nothing. SET(LR) has nothing to do with them

[db101]

Thanks for your time zimba

so i have to add child in children section and do i have to add any covering letter or add comment in other reason box

what words it would be pls help.

As I said, nothing. SET(LR) has nothing to do with them

thanks @zimba

bit confused -> in application form they are asking if i have child,

A). do i really do not need to add child in application form.?

[zimba]

Yes, you do. But you do NOT need to send evidence of anything regarding your child

[db101]

Thanks for your time @zimba

please help me selecting this

Do you have any other reasons for wanting to stay in the UK?

Option 1 --> I do not have any other reasons for wanting to stay in the UK
Option 2 --> I have other reasons for wanting to stay in the UK

if i select option 1 its ask for other supporting documents

which one i will select

[zimba]

No need to add any other reasons