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Will I fail 10 year route because of this small gap?
Posted: Sun Mar 10, 2024 4:53 pm
by Ikea345
Hi members and moderators,
I initially arrived in the UK as a student on 18/09/2014 under Tier 4. Subsequently, I switched to a family life private visa in 2018, which expired on 23/05/2021. I submitted an application to switch to my current Skilled Worker visa on 23/04/2021, within the UK, and went for biometric appointment on 21/05/2023. However, my current BRP's date of issue is on 26/05/2021, resulting in a 3-day gap. I am concerned about whether this gap might impact my application for the 10-year route this September. Additionally, I would like to note that my Certificate of Sponsorship (CoS) from my employer covers the period from 06/06/2021 to 05/06/2024, if that information is relevant.
Many thanks in advance any help would be greatly appreciated.
Re: Will I fail 10 year route because of this small gap?
Posted: Sun Mar 10, 2024 4:54 pm
by CR001
CoS is irrelevant.
Gap is not an issue provided you applied before your previous visa expired.
Re: Will I fail 10 year route because of this small gap?
Posted: Sun Mar 10, 2024 5:06 pm
by Ikea345
Thanks CR001 for your prompt response, you've truly helped me feel much more at ease. Would it be advisable for me to include email confirmation from 2021, indicating that I applied for my current visa before its expiration date, when I apply for my 10-year route in September, or is it unnecessary? Many thanks again.
Re: Will I fail 10 year route because of this small gap?
Posted: Sun Mar 10, 2024 5:08 pm
by CR001
Unnecessary. Submit only what is required.
Help with last visa before applying for 10 year route
Posted: Mon Mar 11, 2024 9:28 am
by Ikea345
Hi members and moderators,
I initially arrived in the UK as a student on 18/09/2014 under Tier 4. Currently, I am on a skilled worker visa, and my Biometric Residence Permit (BRP) is set to expire on 19/06/2024. The Certificate of Sponsorship (CoS) provided by my employer covers the period from 06/06/2021 to 05/06/2024. I am in discussions with my employer regarding the renewal of my skilled worker visa. Considering my upcoming application for the 10-year route in September, should I extend it for 1 year or 2 years?
I appreciate any assistance, and thank you in advance for your help.
Re: Help with last visa before applying for 10 year route
Posted: Mon Mar 11, 2024 5:49 pm
by zimba
Ikea345 wrote: ↑Mon Mar 11, 2024 9:28 am
Hi members and moderators,
I initially arrived in the UK as a student on 18/09/2014 under Tier 4. Currently, I am on a skilled worker visa, and my Biometric Residence Permit (BRP) is set to expire on 19/06/2024. The Certificate of Sponsorship (CoS) provided by my employer covers the period from 06/06/2021 to 05/06/2024. I am in discussions with my employer regarding the renewal of my skilled worker visa. Considering my upcoming application for the 10-year route in September, should I extend it for 1 year or 2 years?
I appreciate any assistance, and thank you in advance for your help.
You need another year of visa to get to 10 years, so that is the minimum
Re: Help with last visa before applying for 10 year route
Posted: Tue Mar 19, 2024 4:51 pm
by Ikea345
Thank you, @zimba and @CR001. Following my previous post, I am currently in discussions with my employer regarding extending my skilled worker visa. Upon the introduction of the new HC 590, I noticed a discrepancy in interpreting the long residence route.
HC 590:
LR 11.3. Subject to LR 11.4, the applicant must have had permission on their current
immigration route for at least 12 months on the date of application, or have been
exempt from immigration control in the 12 months immediately before the date of
application.
LR 11.4. If the applicant’s current permission was granted before 11 April 2024, LR
11.3. does not apply.
Explanatory memorandum:
5.35 Appendix Long Residence includes a policy change whereby applicants must have had their current permission for one year (or have been exempt from immigration control within the 12 months immediately before their application) to qualify for settlement on this route. This aligns the requirements of this route with wider requirements for settlement.
My question is, if I apply to extend my skilled worker visa before the 11th April, as long as I submit my application before that date, I am eligible to apply for ILR under the 10-year route this September? If I submit my extension application after the 11th of April, will I need to hold my Skilled Worker visa for 1 year before I am qualified for the 10-year route? But I am already on my Skilled Worker route? Or is that a break in the route? Very confusing!
Re: Help with last visa before applying for 10 year route
Posted: Wed Mar 20, 2024 1:54 pm
by Ikea345
Ikea345 wrote: ↑Tue Mar 19, 2024 4:51 pm
Thank you, @zimba and @CR001. Following my previous post, I am currently in discussions with my employer regarding extending my skilled worker visa. Upon the introduction of the new HC 590, I noticed a discrepancy in interpreting the long residence route.
HC 590:
LR 11.3. Subject to LR 11.4, the applicant must have had permission on their current
immigration route for at least 12 months on the date of application, or have been
exempt from immigration control in the 12 months immediately before the date of
application.
LR 11.4. If the applicant’s current permission was granted before 11 April 2024, LR
11.3. does not apply.
Explanatory memorandum:
5.35 Appendix Long Residence includes a policy change whereby applicants must have had their current permission for one year (or have been exempt from immigration control within the 12 months immediately before their application) to qualify for settlement on this route. This aligns the requirements of this route with wider requirements for settlement.
My question is, if I apply to extend my skilled worker visa before the 11th April, as long as I submit my application before that date, I am eligible to apply for ILR under the 10-year route this September? If I submit my extension application after the 11th of April, will I need to hold my Skilled Worker visa for 1 year before I am qualified for the 10-year route? But I am already on my Skilled Worker route? Or is that a break in the route? Very confusing!
Hi members and moderators,
I understand that this new update is quite confusing, and unfortunately, I haven't been able to find any information online about it. Could anyone provide some insight into my question?
Thank you!
Re: Help with last visa before applying for 10 year route
Posted: Sat Mar 23, 2024 4:19 pm
by zimba
You need to have held you visa under ROUTE for at least a year, so an extension under the same route does not prevent you from applying immediately
Re: Help with last visa before applying for 10 year route
Posted: Thu May 16, 2024 4:17 pm
by Ikea345
I will soon be placed on a PIP because my company is struggling. This means that starting in June, I could be dismissed at any time (I hold a SWV until Mid 2025). With my 10 year route ILR set to complete for September, will I still be able to submit a ILR application based on the 10 year route, even if I am not being sponsored by my employer? (I assume the SWV curtailment letter will follow straight after I am dismissed). And what type of immigration status will I be classed under if I am dismissed? Could any member or admin kindly answer this question? Many thanks!
Re: Help with last visa before applying for 10 year route
Posted: Thu May 16, 2024 4:46 pm
by zimba
Ikea345 wrote: ↑Thu May 16, 2024 4:17 pm
I will soon be placed on a PIP because my company is struggling. This means that starting in June, I could be dismissed at any time (I hold a SWV until Mid 2025). With my 10 year route ILR set to complete for September, will I still be able to submit a ILR application based on the 10 year route, even if I am not being sponsored by my employer? (I assume the SWV curtailment letter will follow straight after I am dismissed). And what type of immigration status will I be classed under if I am dismissed? Could any member or admin kindly answer this question? Many thanks!
Losing your job does not have any effect as long as the new visa expiry (due to curtailment) gives you enough visa time to reach within 28 days of becoming eligible when you can indeed apply under the long residence.