Applying for ILR (5 year route), questions about dependants

[Maxim88]

Hi all,

I have the following situation and would appreciate some insight on how best to approach the application process for me and my family. I have read some of the rules and some topics in this forum, but I am still confused and would appreciate feedback on our particular situation to put my mind at ease.

- Main applicant/Me: on Tier 2 general visa since April 2015, current visa ends April 2020, been with the same employer, exempt from salary threshold, no absences over 180 days.

- Dependant 1/Wife: joined me in Feb 2016 on Tier 2/PBS dependant visa, which ends as mine in April 2020. She has not been here for 5 years yet.

- Dependant 2/Child: we welcomed our baby in 2019, born in UK, she is only 4 months old, and only has a UK birth certificate as we are still in the process of getting her a passport from our home country (we are from a non-EU/EEA country).

I believe I qualify for ILR application in March 2020 (based on Tier 2, 5 year route). However, I am a little confused about my wife's situation in particular, and what is the best option for her as she has not spent 5 years in the UK yet.

Can we extend my wife's Tier 2 dependent visa for another 10-11 months? If so, does she apply AFTER me, BEFORE me, or WITH me as I apply for ILR? If my status changes to settled, can she still technically be a dependant of Tier 2 holder? If not, what is the best option for her?

If I choose a one-day service, does my wife's application also need to go through a one-day service?

What about my child - do I have to include her in my ILR application as a dependant (even though she still may not have a passport by then)? I have some colleagues who included their children in theirs. However, if I understood the rules correctly, can I wait until my ILR application goes through and apply for her to be registered as British citizen directly, without applying for ILR?

I appreciate your help in advance.

[zimba]

Your wife extends under PBS dependant until she has 5 years. She should apply with you as her visa is running out. That will be two separate applications. An extension is granted only for 3 years not less. She must also pay IHS fees for 3 years.
Simply register your UK born child as British using form MN1 after you get ILR

[Maxim88]

Your wife extends under PBS dependant until she has 5 years. She should apply with you as her visa is running out. That will be two separate applications. An extension is granted only for 3 years not less. She must also pay IHS fees for 3 years.
Simply register your UK born child as British using form MN1 after you get ILR

Dear Zimba, thanks for your prompt response and clarification. When you say she has to apply with me - does it have to be on the same day as I apply? Are our applications tied to each other? For instance, can I first apply for myself as soon as I am eligible/as soon as I enter the 28 days before the end of my visa, and then for my wife possibly 2 weeks later once I know the result of my application but still before the end of her visa? Or do the two applications have to be submitted together at the same time? thanks.

[CR001]

When you say she has to apply with me - does it have to be on the same day as I apply?

She must apply before her visa expires. So either with you OR before her visa expires.

Are our applications tied to each other? For instance, can I first apply for myself as soon as I am eligible/as soon as I enter the 28 days before the end of my visa, and then for my wife possibly 2 weeks later once I know the result of my application but still before the end of her visa?

Sort of yes, she cannot get an extension if your ILR fails.

Or do the two applications have to be submitted together at the same time?

Either with you OR before her visa expires.

[Maxim88]

Many thanks for your responses moderators, I appreciate the time taken.

[Maxim88]

Dear moderators, I have some other questions that relate to my above application, but they are on a different topic of the application (priority service availability, etc.). Can I ask them here, or should I ask them elsewhere/open a new topic? many thanks.

[zimba]

Dear moderators, I have some other questions that relate to my above application, but they are on a different topic of the application (priority service availability, etc.). Can I ask them here, or should I ask them elsewhere/open a new topic? many thanks.

Continue here please

[Maxim88]

Dear moderators, I have the following questions regarding my case above:

- A few days ago when we were going through the documents with my wife, she looked at the police registration document and pointed to the rule about reporting to the police if you leave the country for more than 2 months. I had no knowledge of this absence rule, although it is there in my certificate. About 3 years ago I travelled outside the UK for work purposes for 2 and half months and never reported this to the police, however my employer knows this as it was a business trip and will confirm this in the letter. I always reported all other relevant matters (change of address, change of passport and visa, etc.) but this I did not. The same applies to my wife as we travelled together. Can this potentially create problems when applying for ILR? Is there a fix to this? Or rather, given that it happened so long ago, is there any point at all in trying to fix it now? Any advice or sharing of similar experiences would be appreciated.
- Super priority service – I have read from several posts that the 1 day super priority service may be unavailable at present when applying for ILR (LR), due to high demand. Does this mean this is also the case for ILR applications made through 5 year route? Are there any recent experiences of people applying for ILR through 5 year route who were able to get super priority service?
- When can I start the application? I am aware that I can submit the application online only within 28 days before my visa expires, but can I start the online application earlier than that, for instance now? Or does the start of the application also have to fall within the 28 days? For instance, I was thinking to start filling the application now and submit it as soon as I am within the 28 days period (in March). Any thoughts on this?

[zimba]

- A few days ago when we were going through the documents with my wife, she looked at the police registration document and pointed to the rule about reporting to the police if you leave the country for more than 2 months. I had no knowledge of this absence rule, although it is there in my certificate. About 3 years ago I travelled outside the UK for work purposes for 2 and half months and never reported this to the police, however my employer knows this as it was a business trip and will confirm this in the letter. I always reported all other relevant matters (change of address, change of passport and visa, etc.) but this I did not. The same applies to my wife as we travelled together. Can this potentially create problems when applying for ILR? Is there a fix to this? Or rather, given that it happened so long ago, is there any point at all in trying to fix it now? Any advice or sharing of similar experiences would be appreciated.

Such requirement does not exist under the rules.

- Super priority service – I have read from several posts that the 1 day super priority service may be unavailable at present when applying for ILR (LR), due to high demand. Does this mean this is also the case for ILR applications made through 5 year route? Are there any recent experiences of people applying for ILR through 5 year route who were able to get super priority service?

Yes. Such service is only offered if available

- When can I start the application? I am aware that I can submit the application online only within 28 days before my visa expires, but can I start the online application earlier than that, for instance now? Or does the start of the application also have to fall within the 28 days? For instance, I was thinking to start filling the application now and submit it as soon as I am within the 28 days period (in March). Any thoughts on this?

Start it at any time, submit when eligible

[Maxim88]

Many thanks for the response Zimba. Can I ask for clarification though, what rules do you mean? Do you mean such requirement does not exist under Tier 2 rules/ILR rules? Do you mean I should ignore it?

In the back of the Police Reg Cert it states that among many things that need to be reported (change of address, visa, etc.) absences over 2 months also have to be reported. I wish to know if it is something I need to solve/fix before making application for ILR? I searched the forum for Police Cert Reg issues and while I found posts about people forgetting to register, I couldn't find any post about this specific issue and what to do if one has failed to report absences over 2 months. Any relevant insights would be helpful.

[zimba]

The requirement to register with the police for certain nationalities is based on the requirements under part 10 of the Immigration Rules. No where in the rules/guides it says you must report long absences from the UK. There is no basis for such requirement even if it appears on the certificate.

https://www.gov.uk/government/publicati ... gistration

[Maxim88]

The requirement to register with the police for certain nationalities is based on the requirements under part 10 of the Immigration Rules. No where in the rules/guides it says you must report long absences from the UK. There is no basis for such requirement even if it appears on the certificate.

https://www.gov.uk/government/publicati ... gistration

Dear Zimba, many thanks for this response. Yes, my concern was primarily linked to the fact that this requirement to report absences is stated in the police reg cert but not in any letters I received previously from the home office.

Just to clarify fully, does this (failure to report) absence need to be mentioned/explained at all in my ILR cover letter when the application is made? I am conscious not to overcomplicate things when applying, so any advice will be appreciated.

[zimba]

As I said there is no basis for this. Nothing needs to be done

[Maxim88]

Dear Zimba

Thanks for your replies on my questions, and I hope you do not mind a further question on this as it keeps bothering me. I read other threads on police registration issues in this forum and in most cases the moderators (and other participants) suggest people to still visit the police and report changes retrospectively. I couldn't find anything about long absences specifically, but on other changes such as new address, new visa, new passport, this is what is suggested. I also mentioned this last week to a colleague at work who got his ILR last year, and he said he would check it with his immigration lawyer-friend; he came back and said that his lawyer-friend suggested I should go to police and report this nonetheless to be on the safe side. This really confused me, and added further concern.

I will not mention this absence in my cover letter based on above advise, but I would like to know whether it is necessary for me to go and report this to the police (albeit retrospectively) before my ILR application? Please do not think that I am trying to waste your time here, I am not by any means. I just don't want this small oversight to have an adverse impact on my application, hence concerned and seek further advise.

Many thanks for your understanding.

[zimba]

As I said there is no basis for this. Nothing needs to be done

It does not matter what others say. Something either has any basis in the rules or it does not

[Maxim88]

Dear moderators, many thanks for your answers thus far.

I have started my online application for SET (O) and have the following questions:

- “When did you first enter the UK? This is the date you entered the UK when the period of stay you are basing this application on started.”
Does this “first” mean I put here the start of my Tier 2 leave or the first time I ever entered the UK after I got my Tier 2? Or simply first time ever? I switched to Tier 2 from a Tier 4 Doctoral Extension Scheme from inside the UK.

- While I had my Tier 2 visa for 5 years, I started my employment with current employer 6 years ago and before my Tier 2 I was on Tier 4 Doctoral Extension Scheme. Should I list my absences only for the last 5 years (since start of Tier 2) or should I list them for 6 years (from start of my employment)? I guess last 5 years is enough? Please advise.

- “Have you previously lived in a country outside the UK including your country of birth?”
As I understand it, I need to put my country of birth and say I lived there from birth until I came to study/live in the UK? I also lived in another country prior to moving to the UK for 3 months doing student exchange, I guess this needs to be included also?

- “Problems with immigration to the UK:
Have you ever been:
o Refused a visa for the UK
o Deported from the UK
o Removed from the UK
o Required to leave the UK
o Refused entry at the UK border”
2 years ago, I applied for ILR (based on 10 years) but was refused for the reason that I had a single absence of more than 6 months. I had a valid Tier 2 and therefore did not appeal. I know that I needed to mention this refusal somewhere, I was thinking possibly in a cover letter. But do I need to answer this question as YES and indicate this under “Refused a visa for the UK” option and write an explanation? The thing is that it was not strictly a refusal of visa, but a refusal of application for leave to remain. Should I mention it here or in a separate cover letter?
Also, I was completely unaware but when I asked for SAR (subject access request) 2 years ago, I noticed in case worker notes that my very first application for leave to remain from within the UK 12 years ago as a student was rejected because of “fee non-payment/electronic card declined”. I recall that I applied a week later and was granted leave. I remember it now but it never occurred to me to classify this as a “rejection”. Should this be mentioned here too? Note that I have not mentioned this in any of my previous applications to the Home Office, simply because I never considered it as a “refusal” but rather a technical issue. Please advise.

- Section on “Other Documents” asks to provide, among other documents, “All previous passports, travel documents or national identity cards that you have used to travel to or remain in the UK”. I never changed my passport the whole 5 years I was on Tier 2, and all my absences/stamps in last 5 years are recorded in my current passport. Does providing this current passport suffice? Or should I provide my older passports too (no longer in use) which I used to travel to the UK before my Tier 2? I provided these when I made my unsuccessful application for 10 years ILR, but don’t understand why/if they need to be provided now given that they expired well before I switched to Tier 2 and therefore unrelated to my current qualifying period of 5 years. I just want to keep it simple and not provide unessential documents. Please advise.

many thanks for your insights, and sorry for the length of this post.

[Maxim88]

Dear Zimba, and other moderators.

I know I already benefitted from your earlier guidance, but I would highly appreciate your further advice on above questions as I am getting close to submitting my applications.

many thanks in advance.

[Maxim88]

Dear moderators, could any one please suggest on the following question?

“Problems with immigration to the UK:

Have you ever been:
o Refused a visa for the UK
o Deported from the UK
o Removed from the UK
o Required to leave the UK
o Refused entry at the UK border”

I was completely unaware but when I asked for SAR (subject access request) 2 years ago, I noticed in case worker notes that my very first application for leave to remain from within the UK (12 years ago) as a student was rejected because of “fee non-payment/electronic card declined”. I recall that I applied a week later and was granted leave. I remember it now but it never occurred to me to regard it as a “refusal”. Should this be mentioned in this section at all? Note that I have not mentioned this in any of my previous applications to the Home Office, simply because I never considered it as a “refusal” but rather a "rejection" because of a technical issue. Please advise.

Also, can you please change the topic of my topic/theme to Tier 2 to ILR Urgent application question. Many thanks.

[zimba]

You do not need to get confirmation for every question on the form. They are mostly self explanatory. If you were refused a visa, you must explain it

[Maxim88]

Dear Zimba, thanks for getting back. I managed to fill most other questions already but this one was confusing. This was not a refusal, but a rejection of application because of non-payment, and new application was made afterwards, in time, and granted. Should this rejected application be also explained as a refused visa? I am a little confused still.

[zimba]

Dear Zimba, thanks for getting back. I managed to fill most other questions already but this one was confusing. This was not a refusal, but a rejection of application because of non-payment, and new application was made afterwards, in time, and granted. Should this rejected application be also explained as a refused visa? I am a little confused still.

Enter it. It has no effect

[Maxim88]

Dear Zimba,

Thanks for your responses. One more quick question - my current passport covers entire qualifying period of my Tier 2 visa, and I have scanned and uploaded that already in the system. I have also, for some reason, ticked the box in the application which asks for all previous passports and travel documents used to travel into/remain in the UK. My document checklist now includes this also. So should I scan old passports used before my qualifying period also, now that it is indicated in my application? They have my travel history, but are not relevant to this particular application as only last 5 years are needed. Or should I perhaps upload main bio pages just in case? Or not upload any old passports? Please advise, would appreciate it much.

[zimba]

Upload the biometric page only. They will not be needed

[Maxim88]

Dear moderators,

Many thanks for your support this far. I can update that my application was successful. Details are as follows:

- applied under SET (O), based on Tier 2, 5 year route
- documents submitted: passport (scans of all main all pages), 2 old ones only bio page; police registration; one letter from employer which confirmed salary, continuous employment/needed for foreseeable future, approved absences (no absences over 180 days); UK university degree certificate as evidence of english language; Life in the UK test pass notification; tier 2 BRP as evidence of immigration status; declaration signed by me; one recent payslip and one recent bank statement showing salary being paid. My employer stamped/certified the payslip as it was generated online. And a cover letter.
- i did everything myself, scanned and uploaded everything prior to my UKVCAS appointment.
- chose 1 day super priority service; contrary to some reports, it was available no problem.
- submitted biometrics Friday 21 Feb, email confirmation received Monday 24 Feb that application was successful. Over the moon!
- my experience - kept everything simple, provided only what they requested, nothing more.

Best of luck to all ILR applicants!

[Maxim88]

Dear moderators,

I am now preparing my wife's application for PBS dependant extension, and have the following question. As part of document checklist, one of the documents asked is the following:

"Document showing you and your partner are living together (for example, a utility bill, council tax bill or bank statement)"

I have read in this forum that people had to provide several documents to show this co-habilitation.
How many types of documents do we actually need to provide?
It doesn't say in the application, does it say anywhere else that there must be minimum 3-4 pieces of evidence to show that we live together?
And how far should we go (2,3,4 years?) Wife been here 4 years. It doesn't say in the application how far we should go.

Currently I have the following documents:

- council tax with both our names
- utility bill (gas and electric in the same bill) with both our names
- original marriage certificate used to apply/obtain wife's first entry clearance/dependant visa
- our original tenancy contract with both our names (and recent letter dated last week from agency confirming our tenancy and that we have been living on our current address for past 4 years)

Is this enough, or should we add more?

many thanks