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Tier 2 General to ILR 5 year Route

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

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Tier 2 General to ILR 5 year Route

Post by PR002 » Sat Oct 03, 2020 11:43 pm

Hi folks

Apologies if the question has been asked before, with so many updates to guidance/process on Covid 19, i am very confused on a number of areas for ILR ( Tier 2 G 5 year route) application. Would really appreciate if you could help with my questions,

Here`s my situation

Indian National, Tier 2 General (same employer - no break)
UK Entry: 10 Nov 2015
Employment Start: 12 Nov 2015
Tier G Validtity: 27 Nov 2020

1. I understand I can only apply for ILR 28 days before, is that 28 days before my (5 years + UK entry or 5 years + Employemnt Start date or VISA expriy?

2. I started draft application yesterday and could see a number of pages to complete before i can see available appointments. Would appreciate if anyone who has recently submitted shed some light on ILR appointment availability? i live in Scotland, can travel outside if needed.

3. I could see a number of posts re application on an IDV app, is that something that i need to do after submitting the application, VISA fees paid? as an alternate to physical appointment? Would this be faster or the other way around?

4. Would really appreciate if anyone who has recently applied for ILR can advise on processing times? any options for priority/super priority etc.,?

Would really appreciate any help on this.

Many thanks,

PR

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Re: Tier 2 General to ILR 5 year Route

Post by CULLINAN » Sat Oct 03, 2020 11:52 pm

1) What is your initial visa issue date? You can apply ILR when you complete 5 years minus 28 days counting from visa issue date.

2) You can NOT view any appointments unless you pay and submit an application first. No one can tell you about the availability as we do not have access to the system.

3) N/A. IDV is the past.

4) SP is suspended. Standard can take anywhere between 2 weeks to 6 months.
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Re: Tier 2 General to ILR 5 year Route

Post by PR002 » Sun Oct 04, 2020 12:36 am

Thanks Cullinan for the super quick response,

My comments below, appreciate your clarification,

1) What is your initial visa issue date? You can apply ILR when you complete 5 years minus 28 days counting from visa issue date. - PR: Date of issue in my BRP is 15 Oct 2015. Does this mean that i can submit my application now ?

2) You can NOT view any appointments unless you pay and submit an application first. No one can tell you about the availability as we do not have access to the system. Thank you

3) N/A. IDV is the past. How are documents being validated? do i need to book an appointment as how it was pre-covid? any insights on slot avaialbilities?

4) SP is suspended. Standard can take anywhere between 2 weeks to 6 months. So all applications have to be the normal route? i cam across a page in home office that they have resumed priority/ SP applications, does that not apply for ILR?

Thanks in advance,

Regards

PR

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Re: Tier 2 General to ILR 5 year Route

Post by CULLINAN » Sun Oct 04, 2020 12:40 am

1) Yes

2/3) Once you apply online, you will be able to create an account on UKVCAS website. You will scan and upload all documents there and book an appointment. At the appointment, your documents will be verified and biometrics taken. The staff will then submit your application to UKVI. Free appointments can take 3/4 weeks. Paid appointments you will be able to secure in less than a week if you are free to travel to other centres.

4) Can you share the link?
https://www.gov.uk/faster-decision-visa-settlement
The ‘priority service’ and ‘super priority service’ to get a faster decision on a visa or settlement (‘indefinite leave to remain’) application are both currently suspended because of coronavirus (COVID-19).
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Re: Tier 2 General to ILR 5 year Route

Post by PR002 » Sun Oct 04, 2020 1:35 am

Thanks Culinan,

2/3) Once you apply online, you will be able to create an account on UKVCAS website. You will scan and upload all documents there and book an appointment. At the appointment, your documents will be verified and biometrics taken. The staff will then submit your application to UKVI. Free appointments can take 3/4 weeks. Paid appointments you will be able to secure in less than a week if you are free to travel to other centres. Thank you, just one question - im assuming when i complete my applicaton online, thats my application submission date and not the biometric appointment? just in case it takes longer?

4) Can you share the link?
https://www.gov.uk/faster-decision-visa-settlement You are absolultey right, i was just looking at a newsfeed in hte site stating that majority of the services have resumed, but it was very generic.

On a completely different note (can create a separate thread if this violates thread policy),

My wife and daughter are currently on PBS dependent and their visa expires on the same date as mine, however they do not qualify for 5 years (my wife lived here for less than 3 years with more than 180 days break for her maternity and daughter less than a year). I understand that i need to submit their application as well at the same time (different applications though), however I am not sure if i can submit an extension of their PBS depedent or apply as a ILR dependent (FLR) as I will no be in Tier 2 G after application submission? Really confused here as i am hearing that if they change the visa type, their clock starts again( 5 more years to ILR?!). Appreciate your inputs here.

Many thanks,

PR

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Re: Tier 2 General to ILR 5 year Route

Post by CULLINAN » Sun Oct 04, 2020 1:52 am

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

As long as your are applying for ILR on Tier 2 basis and NOT Long Residence, your PBS dependents do not need to change any visa category even after you will get ILR.

They will remain on the PBS dependent category. You will have to apply for a PBS extension before their visa expiry or even now. Add a cover letter with their applications and mention that you are applying for ILR. Their applications will only be accepted if your ILR is granted first.

Moving forward, they will be able to apply for ILR once they reach 5 years minus 28 days from initial visa issue date (assuming you will get ILR).
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Re: Tier 2 General to ILR 5 year Route

Post by CULLINAN » Sun Oct 04, 2020 1:59 am

Also, in the above case their ILR clock will NOT reset to zero.
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Re: Tier 2 General to ILR 5 year Route

Post by CULLINAN » Sun Oct 04, 2020 2:03 am

Is your daughter born in UK or abroad?
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Re: Tier 2 General to ILR 5 year Route

Post by PR002 » Fri Oct 09, 2020 9:29 am

Thanks a lot Culinan for the response, very helpful. No, my daughter was born in India so i guess the route to ILR remains the same as my wife?

Many thanks,
Parthipan

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Re: Tier 2 General to ILR 5 year Route

Post by CR001 » Fri Oct 09, 2020 10:06 am

PR002 wrote:
Fri Oct 09, 2020 9:29 am
Thanks a lot Culinan for the response, very helpful. No, my daughter was born in India so i guess the route to ILR remains the same as my wife?

Many thanks,
Parthipan
Yes, child will qualify for ILR when your wife does.
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Re: Tier 2 General to ILR 5 year Route

Post by migrant_uk » Sat Oct 10, 2020 1:00 am

If your wife got PBS at the same date as you then may be 180 days absence rule does not apply on her (the continuous residency changed from Jan 2018 but leave under old rules should not be impacted). So, you might be able to apply for ILR together. Please wait to hear from experienced members.

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Re: Tier 2 General to ILR 5 year Route

Post by CULLINAN » Sat Oct 10, 2020 2:25 am

migrant_uk wrote:
Sat Oct 10, 2020 1:00 am
If your wife got PBS at the same date as you then may be 180 days absence rule does not apply on her (the continuous residency changed from Jan 2018 but leave under old rules should not be impacted). So, you might be able to apply for ILR together. Please wait to hear from experienced members.
however they do not qualify for 5 years (my wife lived here for less than 3 years
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