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ILR Eligibility Date

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Haadi_mirza
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PBS Dependent ILR Application

Post by Haadi_mirza » Sat Jun 06, 2020 1:03 pm

Hi,
I and my children are living in the UK on a Tier 2 PBS dependent visa along with my husband who is our sponsor and has a Tier 2 PBS visa.
My and my children's BRP were issued in December 2015 for 5 years and will therefore expire in December 2020. My husband changed his job and therefore his BRP will expire one year after us in December 2021 (overall period of 6 years).
Is it possible that I and my children apply for ILR in December 2020 any my husband applies for his ILR somewhere in 2021 or the dependents can't apply before the main sponsor?
Also, does the approval of the dependent's application depend upon the approval of the sponsor's application? What if for some reason the main sponsor's ILR application is rejected; does it mean that the applications of all of the dependents will be rejected as well?

The second part of the question is about life in the UK and English test. What is the validity period of these tests? Can I take these tests now?

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CR001
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Re: PBS Dependent ILR Application

Post by CR001 » Sat Jun 06, 2020 3:03 pm

Is it possible that I and my children apply for ILR in December 2020 any my husband applies for his ILR somewhere in 2021

No, a PBS dependent cannot apply for ilr if the main tier 2 visa is also not applying or already has ilr. The rules don't allow it.
or the dependents can't apply before the main sponsor?
Yes.
Also, does the approval of the dependent's application depend upon the approval of the sponsor's application?
Yes. If the sponsor doesn't get ilr, dependents won't get ilr either.
What if for some reason the main sponsor's ILR application is rejected; does it mean that the applications of all of the dependents will be rejected as well?
Yes.
The second part of the question is about life in the UK and English test. What is the validity period of these tests? Can I take these tests now?
Life in the UK doesn't expire. English B1 test is valid for two years. Yes you can do them now.

Why can your spouse also apply for ilr when they reach 5 years from initial visa issue date?? Why must he only apply next year?
Char (CR001 not Casa)
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Haadi_mirza
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Re: PBS Dependent ILR Application

Post by Haadi_mirza » Sun Jun 07, 2020 7:43 pm

Actually, my husband is planned to go on deputation to Canada for 4 months in October. Since our visas are expiring in December, I was thinking if we could apply without him and he would apply when he returned.

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CR001
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Re: PBS Dependent ILR Application

Post by CR001 » Sun Jun 07, 2020 7:47 pm

Haadi_mirza wrote:
Sun Jun 07, 2020 7:43 pm
Actually, my husband is planned to go on deputation to Canada for 4 months in October. Since our visas are expiring in December, I was thinking if we could apply without him and he would apply when he returned.
You can't unfortunately. You both need to be in the UK and apply for an extension before your visas expire.

He should also be aware that absences over 30 days if he is not working and earning a salary and paying tax in the UK can be a problem.
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Haadi_mirza
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Re: PBS Dependent ILR Application

Post by Haadi_mirza » Sun Jun 07, 2020 9:21 pm

He will be working in Canada but his salary will still be transferred in his UK bank account and he will continue to pay tax in the UK. Will it still be a problem?

Haadi_mirza
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PBS Dependent ILR Application

Post by Haadi_mirza » Thu Aug 27, 2020 2:13 pm

Hi,
I and my children are on dependent visa of my husband who himself is on Tier 2 General Visa. Our original visas were set to expire in December 2020 after 5 years but my husband changed his job so his visa will expire in December 2021 after 6 years whereas my and our children's visa will still expire in December 2020.

I am working full time. When we apply for the ILR, do I have to provide details of my employment, salary and bank details or only my husband has to provide these details?

Also, my husband will be applying for priority service because his job requires him to travel. Can I and my children apply at the same time with my husband but use normal service?

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CR001
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Re: PBS Dependent ILR Application

Post by CR001 » Thu Aug 27, 2020 8:02 pm

Topics merged.
I am working full time. When we apply for the ILR, do I have to provide details of my employment, salary and bank details or only my husband has to provide these details?
Your employment is irrelevant.
Also, my husband will be applying for priority service because his job requires him to travel. Can I and my children apply at the same time with my husband but use normal service?
Yes, bit you and the child will have to complete your own form. You cannot add yourself to your husband form then. Note also that priority is currently suspended and when it is available, it is not guaranteed either.
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Re: PBS Dependent ILR Application

Post by rakshimp » Thu Aug 27, 2020 9:39 pm

Hello CR001

Could you send me the UKVCAS email address as please

Thanks

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CR001
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Re: PBS Dependent ILR Application

Post by CR001 » Thu Aug 27, 2020 10:29 pm

rakshimp wrote:
Thu Aug 27, 2020 9:39 pm
Hello CR001

Could you send me the UKVCAS email address as please

Thanks
Ukcvas is a third party agent. They don't offer advice.
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Haadi_mirza
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ILR Application - Bank Account

Post by Haadi_mirza » Mon Sep 28, 2020 11:23 am

Hi,
My husband will be filing his ILR application in December. He will have to submit 3/6 months bank statement showing that his salary is credited into the account. The bank account in which his salary is credited, it is a joint account under both our names. Is it OK or it should be a sole bank account?

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Re: ILR Application - Bank Account

Post by AmazonianX » Mon Sep 28, 2020 1:35 pm

Haadi_mirza wrote:
Mon Sep 28, 2020 11:23 am
Hi,
My husband will be filing his ILR application in December. He will have to submit 3/6 months bank statement showing that his salary is credited into the account. The bank account in which his salary is credited, it is a joint account under both our names. Is it OK or it should be a sole bank account?
It is ok

Haadi_mirza
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ILR Eligibility Date

Post by Haadi_mirza » Mon Oct 19, 2020 3:43 pm

Hi,
My husband is working in the UK on Tier2 - General visa. The Entry Clearance visa was issued on 9 Dec 2015 and was valid till 8 Jan 2016. We entered the UK on 27th Dec 2015 and my husband started his job on 2nd Jan 2016. The BRP is valid from 9 Dec 2015 till 14 Dec 2020.
I am confused about the exact eligibility date for ILR. Is it 28 days before 9 Dec (when the entry clearance visa was issued / valid from date of BRP) or 28 days before 27 Dec (when we entered the UK) or 28 days before 2nd Jan (when my husband started his job)?

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CR001
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Re: ILR Eligibility Date

Post by CR001 » Mon Oct 19, 2020 6:10 pm

They are both the same date, unless you typed incorrectly, so I don't understand your query.

It is the initial visa issue date that is the starting point for ILR, NOT the date you entered or the date the job was started.
Char (CR001 not Casa)
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Haadi_mirza
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Re: ILR Eligibility Date

Post by Haadi_mirza » Tue Oct 20, 2020 8:52 am

Thank you for the answer. I wanted to know if the eligibility date is the visa issue date or the date on which we entered the UK.

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Re: ILR Eligibility Date

Post by AmazonianX » Tue Oct 20, 2020 9:32 am

Haadi_mirza wrote:
Tue Oct 20, 2020 8:52 am
Thank you for the answer. I wanted to know if the eligibility date is the visa issue date or the date on which we entered the UK.
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It is the initial visa issue date that is the starting point for ILR, NOT the date you entered or the date the job was started.
Char (CR001 not Casa)

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