Immigrationboards.com

Hello Moderators

Till recently I was on a Global Talent Visa, and I now am on an ILR. My spouse has a GTV dependent visa valid till Sept-2026.

My spouse has been continuously with me in the UK on a dependent visa (student dependent + GTV dependent) and based on the 5-year rule will be eligible for ILR at the earliest on 11-November 2023. Spouse has cleared the Life in UK test and meets other requirements.

I quote from this link: https://www.gov.uk/indefinite-leave-to- ... bal-talent
"The earliest you can apply is 28 days before you’ve met the requirements for the time you need to have lived in the UK [..}. Your application may be refused if you apply earlier."

My query: What date is considered as date of applying?

If for example, I submit my spouse's ILR application on 1-October, pay the requisite fees on the UKVI website, and then on the UKVCAS portal book the date of biometric appointment for ILR after 11-November 2023, is that permissible? Or will the ILR application be refused because we would be "applying earlier"?

My interpretation is that it is the biometric appointment, when we submit all the documents, which needs to be 28-days before you've met the requirements. I am only worried about getting our ILR application refused because they deem it to have been applied early.

Kindly advise. Many thanks in advance.

D

Date of application is the date you submit and pay online.

FYI The date of your application is not used to determine eligibility: How to apply early and benefit from the date of the ILR decision ?

CR001 wrote: ↑

Sat Sep 30, 2023 9:32 pm

Date of application is the date you submit and pay online.

Thank you @CR001

zimba wrote: ↑

Sat Sep 30, 2023 10:00 pm

FYI The date of your application is not used to determine eligibility: How to apply early and benefit from the date of the ILR decision ?

Thank you @zimba

I read the forum(s) you tagged - very informative. I have a query though. The specific case in that thread was about an application variation and lawful time spent in the UK based on section 3C. In my case, it would be a first time ILR application (no variation) and my spouse has a valid visa till Sept-2026 (so no 3C)

However, there is one key takeaway I took from the link in that thread: https://assets.publishing.service.gov.u ... 2.0ext.pdf

Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backwards from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of the decision
• any date up to 28 days after the date of application

And since in this case, even though I would have paid online earlier, but since the date of the decision will be within the 28-days period, and so it would NOT be considered as applying too early.

Hope my understanding is correct?

DreamerBeliever wrote: ↑

Sun Oct 01, 2023 9:24 am

zimba wrote: ↑

Sat Sep 30, 2023 10:00 pm

FYI The date of your application is not used to determine eligibility: How to apply early and benefit from the date of the ILR decision ?

Thank you @zimba

I read the forum(s) you tagged - very informative. I have a query though. The specific case in that thread was about an application variation and lawful time spent in the UK based on section 3C. In my case, it would be a first time ILR application (no variation) and my spouse has a valid visa till Sept-2026 (so no 3C)

However, there is one key takeaway I took from the link in that thread: https://assets.publishing.service.gov.u ... 2.0ext.pdf

Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backwards from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of the decision
• any date up to 28 days after the date of application

And since in this case, even though I would have paid online earlier, but since the date of the decision will be within the 28-days period, and so it would NOT be considered as applying too early.

Hope my understanding is correct?

Yes you understood correctly and it works. In this case the date of the decision will be beneficial to the applicant hence that's what will be used.

AmazonianX wrote: ↑

Sun Oct 01, 2023 10:29 am

Yes you understood correctly and it works. In this case the date of the decision will be beneficial to the applicant hence that's what will be used.

Thank you @AmazonianX. This is a really helpful input and this interpretation will benefit many community users

Hello Moderators

I am applying for ILR for my spouse as a dependent - under the 5-year living together in UK route.

For English Proficiency - we have applied to Ecctis for the letter and submitted all 3 of the necessary documents (Degree, transcripts and MOI letter) for them to process the visa and nationality statement. Their expected revert for us will be by 10-October

Meanwhile, we have submitted the ILR application online. All other documents of the checklist are in line and available.

My query - in the worst case scenario - if the Ecctis letter does not come in time - can it be replaced by the standard SELT test results certificate, at a later point, during the biometric appointment?

Thanking you in advance.

Any acceptable evidence can be used. You should have gone through SELT route initially as that much is faster and easier

zimba wrote: ↑

Mon Oct 02, 2023 3:21 pm

Any acceptable evidence can be used. You should have gone through SELT route initially as that much is faster and easier

Thank you @zimba. In hindsight I agree, I should have just gone for SELT.

A follow-up on your input. Just reconfirming that I can submit SELT - even though the ILR application "documents checklist" has 'Ecctis letter' written as a document that needs to be submitted?

DreamerBeliever wrote: ↑

Mon Oct 02, 2023 3:52 pm

zimba wrote: ↑

Mon Oct 02, 2023 3:21 pm

Any acceptable evidence can be used. You should have gone through SELT route initially as that much is faster and easier

Thank you @zimba. In hindsight I agree, I should have just gone for SELT.

A follow-up on your input. Just reconfirming that I can submit SELT - even though the ILR application "documents checklist" has 'Ecctis letter' written as a document that needs to be submitted? Thats if you get the chance to change it else you wait for CW to request for it.[/align]

Ordinarily, all supporting documents for your application supposed to be dated before your application date.

I do not see an issue. UKVI often gives applicants an opportunity to provide the English language evidence

AmazonianX wrote: ↑

Mon Oct 02, 2023 6:56 pm

Thats if you get the chance to change it else you wait for CW to request for it.[/align]

Ordinarily, all supporting documents for your application supposed to be dated before your application date.
[/quote]

Thank you @AmazonianX.

Won't get a chance to change it (unless they can do it at the biometric stage). And in case the Ecctis letter doesn't arrive on time, I can always request to fast track it (at an extra cost). Most importantly, as you rightly point out - for this evidence - CW will probably request it

zimba wrote: ↑

Mon Oct 02, 2023 7:05 pm

I do not see an issue. UKVI often gives applicants an opportunity to provide the English language evidence

Thank you @zimba. Your inputs have been super helpful

DreamerBeliever wrote: ↑

Mon Oct 02, 2023 7:26 pm

AmazonianX wrote: ↑

Mon Oct 02, 2023 6:56 pm

Thats if you get the chance to change it else you wait for CW to request for it.[/align]

Ordinarily, all supporting documents for your application supposed to be dated before your application date.

Thank you @AmazonianX.

Won't get a chance to change it (unless they can do it at the biometric stage). And in case the Ecctis letter doesn't arrive on time, I can always request to fast track it (at an extra cost). Most importantly, as you rightly point out - for this evidence - CW will probably request it
[/quote]

If you get the SELT before you attend biometrics appointment, take it along for upload by UKVCAS staff.

AmazonianX wrote: ↑

Tue Oct 03, 2023 12:16 am

If you get the SELT before you attend biometrics appointment, take it along for upload by UKVCAS staff.

Thanks @AmazonianX

To be fair the UKVCAS website is quite flexible. Allows all applicants to upload new documents (on the portal) till your biometric appointment - so all good there

DreamerBeliever wrote: ↑

Tue Oct 03, 2023 11:57 am

AmazonianX wrote: ↑

Tue Oct 03, 2023 12:16 am

If you get the SELT before you attend biometrics appointment, take it along for upload by UKVCAS staff.

Thanks @AmazonianX

To be fair the UKVCAS website is quite flexible. Allows all applicants to upload new documents (on the portal) till your biometric appointment - so all good there

If you have submitted the application from your end, take it along to biometrics appointment.