Start date of my qualifying period. Please help.

[ckukhome]

Hi, hope all is well.

I am applying my ILR via a 5y tier 2 general visa route, I have a query regarding the start date of my qualifying period. would you please advise? many thanks in advance.

Here is my situation:
- My first tier 2 visa together with BRP card was granted and issued on 22-July-2014
- After registering it with police office, a mistake was found on my BRP card (missing the sentence of police registration requirement on the back of the BRP card)
- The card was then posted it back to Home Office and an amended BRP card was sent to me with the issue date as of 30-July-2014 and with the same expiry date as the first card
- I then registered the amended BRP card with police office again, so both BRP card were registered and shown on my police certificate

In my case may I ask which date 22nd or 30th should be considered as the start date of my qualifying period?

Thank you,
K

[zimba]

The date you were initially granted Tier 2 visa that is 22-July-2014. The date on the replacement BRP is irrelevant

[ckukhome]

many thanks Zimba!

in this case, following the 28day rule, the earliest possible date for me to submit the online application is 25-Jun, is this correct?

[zimba]

Yes

[ckukhome]

Thank you Zimba. I have a further questions regarding my situation. Please kindly advise, many thanks in advance.

My son (16-month old) is currently under my Tier 2 dependent visa and his visa expires in July 2020. As I will be applying for my ILR next week, may I confirm the following:
1. Is necessary to include him as part of my ILR application?
2. If no for question 1, I will just apply for my own ILR. After I get my ILR, is his tier 2 dependent visa still valid until July 2020?

Appreciate if you could help answering my questions.
Thank you.

[CR001]

My son (16-month old) is currently under my Tier 2 dependent visa and his visa expires in July 2020.

UK born or born abroad??

1. Is necessary to include him as part of my ILR application?

Is the other parent also apply for ILR with you?? If not, then child cannot apply for ILR and will apply with other parent, assuming the child is born abroad.

2. If no for question 1, I will just apply for my own ILR. After I get my ILR, is his tier 2 dependent visa still valid until July 2020?

Yes, the childs visa remains valid.

[zimba]

1. Is necessary to include him as part of my ILR application?

No

2. If no for question 1, I will just apply for my own ILR. After I get my ILR, is his tier 2 dependent visa still valid until July 2020?

Yes

[ckukhome]

Ok, thank you both.
Sorry for missing some info earlier. Please see below:
- The child was born in UK but holding a foreign passport and tier 2 dependent visa under me
- the other parent is now under ILR and will be applying for UK passport early next year
- We are planning to apply UK passport for the child together with the other parent early next year

Under such situation, I want to make sure:
1) I don't necessarily need to include him in my ILR application next week
2) Once I receive my ILR, his current tier 2 dependent visa will still be valid until early next year (technically valid until visa expiry date which is July 2020).

Please confirm. many thanks!

[zimba]

The answers remain the same as above

[CR001]

1) I don't necessarily need to include him in my ILR application next week

No.

2) Once I receive my ILR, his current tier 2 dependent visa will still be valid until early next year (technically valid until visa expiry date which is July 2020).

Visa remains valid if you apply for ILR based on 5 years tier 2.

Note that you do NOT have to apply for ILR for your child. You can apply directly to register the child as British once EITHER parent has ILR.

On what basis did the other parent get ILR??

[ckukhome]

Much appreciate your prompt reply!
Both parents were on tier 2 visa when the child was born, so we applied tier 2 dependent for the child. The other parent got her ILR early this year and I am getting mine soon. It is great to know that my child's tier 2 dependent visa will remain valid until July 2020 so that we can be flexible in terms of the timing of child's UK passport application.

[CR001]

Much appreciate your prompt reply!
Both parents were on tier 2 visa when the child was born, so we applied tier 2 dependent for the child. The other parent got her ILR early this year and I am getting mine soon. It is great to know that my child's tier 2 dependent visa will remain valid until July 2020 so that we can be flexible in terms of the timing of child's UK passport application.

Note that the child does NOT require a valid visa or ILR to register as British on form MN1, a UK born child has an entitlement to register.

Note also that the British passport can only be applied for AFTER approval to register on form MN1 and once the certificate has been received.

[ckukhome]

Understood, thank you dear moderators.

[ckukhome]

Dear moderators,

Have another quick questions regarding the employment letter for ILR application. The online document requirement list specifies the following point under employment letter:
- confirmation that the annual salary is at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors.
I am just wondering whether this is necessary to have in the letter given the annual salary has already been stated clearly in the letter? My employer is not willing to write this confirmation sentence as they think Home Office should be the one confirming my salary is above the appropriate rate when they consider my ILR application. Any thoughts to share?

Thank you!

[CR001]

The letter simply needs to confirm your current salary and SOC. It does not have to have that sentence word for word.

[ckukhome]

Thank you madam!
I just submitted my online application and now I am about to upload my documents to the UKVCAS portal.
Two more questions to clarify:

1. In the guidance, it indicates to scan in black and white not in colour to reduce the file size, may I know this is mandatory? according to your knowledge anyone with scanned copy in colour encountered any problems before?

2. what if i upload my supporting documents to the wrong category provided, will this cause any problem? for example i am not sure which category my life in the uk pass certificate or my online application form should fall under?

Please kindly share your thoughts.
Many thanks!

[CR001]

1. It makes no difference.

2. It is not an issue.

[ckukhome]

many thanks expert.
So I submitted application on 25th Jun and attended the same day appointment, received an email confirmation two hours later saying my application has been granted. Today I receive the decision letter and it also says BRP will follow in few days.
I am just wondering whether I can resign now based on the decision letter with no impact to my ILR or I have to wait to receive my brp before resigning? I am in urgent situation so would like to know technically the earliest feasible date for me to resign. Please advise.

Many thanks

[zimba]

You are free to do as you wish