Gap Period between 2 Visas

[moal11]

Dear All,
I have a question regarding my wife situation. I got my tier 2 visa in early June 2015 after being on Tier 4 student visa since 2011. Where during that time my wife was still on tier 4 dependent visa.

However, she applied and got her first tier 2 dependent visa in May 2016. But there was a gap of 4 months between changing from tier 4 dependent visa (ended in January 2016) to tier 2 dependent visa (May 2016). Where she travelled during that period back to our home country and issued the tier 2 dependent visa from there.

My question is, when could she apply for ILR? Is it a must to be in May 2021? As I heard, if she was in the UK before this gap period, this could be counted towards the 5 years period for ILR.

P.S.: Her current tier 2 dependent visa would end in January 2021 and I am a holder of an ILR.

I would appreciate your kind reply in this complex case.

Many thanks...


Kind Regards,
Moal

[CULLINAN]

She can apply when she completes 5 years minus 28 days on Tier 2 Dep visa from initial visa issue date date i.e. May 2021 on SET(O).

The rule you are talking about is for Long Residence for which she has to have 10 year lawful residence (from first entry in UK in 2011) for SET(LR) and the gap seems not to be broken in your case.

So you have two options to consider.

[moal11]

Hi Cullinan,
Thanks for getting back to me in that and it is clear what you are saying. Just one more further question, as her current visa will end by January 2021 and she needs to extend for 4 months till reaching to May 2021. Which visa I should apply for her? I don't want for the period she already spent to be lost, as I heard there is a new system or something like that.

Again many thanks and appreciate your reply.


Regards,
Moal

[CULLINAN]

She can apply for SET(LR) in Jan 2021 before current visa expiry if she meets the requirements for SET(LR) including the 10 years lawful residence.

https://assets.publishing.service.gov.u ... 6.0ext.pdf

Otherwise, obviously she will need to extend her visa and can only apply for ILR on the 5 year Tier 2 dep basis in May 2021.

[moal11]

Hi Cullinan,
Many thanks for your reply. I will need to extend the dependent visa for 4 months then will apply in five years route.

Thansk again...


Regards,
Moal

[CULLINAN]

Hi Cullinan,
Many thanks for your reply. I will need to extend the dependent visa for 4 months then will apply in five years route.

Thansk again...


Regards,
Moal

In that case, you can always apply for extension in Jan 2021 (before expiry). You get 2 months for biometrics. Submit biometrics very close to the deadline and then hope a decision is not made soon. If a decision is not made soon and your wife qualifies for ILR (5 years minus 28 days from visa issue date in April or May 2021), she can VARY to ILR.

You will save good some money for extension and IHS if varied to ILR before a decision is made on extension.

[moal11]

Hi Cullinan,
Many thanks for your reply and sorry for the delay in response. You are right it is a hell amount of money but how could I do that. Her visa will end by 28 January 2021. Should I submit the application on the 27th January? Then how to submit the biometrics the latest? If so, how to ask them to vary for ILR?


Regards,
Moal

[CULLINAN]

Read:
indefinite-leave-to-remain/can-i-vary-t ... 08137.html

[moal11]

Hi Cullinan,
You are the king...Let me do my checks and calculations and check with you if possible after having all the dates.

I appreciate your help in that.


Regards,
Moal

[moal11]

Hi Cullinan,
Following the latest discussion, I am putting the dates based on that:
Tier 2 dependent visa first issued: 08/06/2016
Enternance to the UK: 21/06/2016
Current Tier 2 dependent visa ending: 28/01/2021

I am planning to apply as follows:
Tier 2 dependent extension: 27/01/2021
Biometrics submissions for the Tier 2 dependent extension: 26/03/2021
Apply for ILR (Tier 2 dependents, 5 years route): 12/05/2021

However, based on the above, there would be a period of gap between the highlighted as 47 days, where the decision for the extended visa could come in this period.

So, is there anything could be done here?


Thanks again for your help in that....

Regards,
Moal

[CULLINAN]

Hi Cullinan,
Following the latest discussion, I am putting the dates based on that:
Tier 2 dependent visa first issued: 08/06/2016
Enternance to the UK: 21/06/2016
Current Tier 2 dependent visa ending: 28/01/2021

I am planning to apply as follows:
Tier 2 dependent extension: 27/01/2021
Biometrics submissions for the Tier 2 dependent extension: 26/03/2021
Apply for ILR (Tier 2 dependents, 5 years route): 12/05/2021

However, based on the above, there would be a period of gap between the highlighted as 47 days, where the decision for the extended visa could come in this period.

So, is there anything could be done here?


Thanks again for your help in that....

Regards,
Moal

I will get back on this after I review this properly later tonight.

[CULLINAN]

If my calculations are correct (please triple check), my suggestion would be:

Your wife is eligible for ILR from 11th May 2021 (5 years minus 28 days from first visa issue date).

Apply for Tier 2 Dep extension on 27/1/2021 (before current visa expiry)
(you will get 45 working days to submit biometrics till 31st March 2021)

Submit biometrics on 29th March 2021 (to make your application valid).

VARY to ILR on 30th March 2021 - next day (after 1AM BST) - (your wife will not be eligible for ILR but if a decision is made when she actually qualifies CW must consider date of decision to count continuous residency - mention the HO guidance in the cover letter - as listed below - when you submit documents for ILR).

You get 45 working days again to submit biometrics for ILR till 2nd June 2021 (which will take you to ILR eligibility date easily).

Your wife is eligible from 11th May 2021 so book biometrics appointment for ILR anytime after 11th May 2021 and before 2nd June 2021 - (deadline) - (so a decision is ONLY made when she actually qualifies for ILR).

When you vary to ILR on SET(O), the form will ask if you have any pending application with HO, mention the Tier 2 dep extension application details there. Also add a cover letter with ILR application. The variation will automatically be done and you will get extension fees and IHS refunded in due course.

Note: Your wife will need LIUK and B1 SELT/UK Degree to meet requirements for ILR.

Note: Do not SELF-submit any documents (before biometrics) for Tier 2 dep extension. Just submit at appointment itself.

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

https://assets.publishing.service.gov.u ... 2.0ext.pdf

Guidance on variation:

https://assets.publishing.service.gov.u ... 3.0ext.pdf

[moal11]

Hi Cullinan,
I will read what you wrote thoroughly and get back to you of any further questions.

Thanks King....


Regards,
Moal

[moal11]

Hi Cullinan,
Many thanks again for your guidance and patience in that matter. However, I do have a couple of questions further.

1) How I will submit an ILR application by end of March, as long as her legal date should be in May? As I understood the day of the application is the date we submit that online. Unless the application date is the date of biometrics submission. Is there any document or government guide for that? I don't want to apply for ILR then get refused or lose money for that.

2) You highlighted in yellow from the date in decision, what is that relevant to? I can't connect the between lines.

3) Do you have a cover letter that you can share, I will tweak it of-course?

4) Where I can find the 45 working days or 2 months to submit the biometrics as I can't find it anywhere now?

5) What if they approved the tier 2 dependent extension visa in April for instance? Can something like that happened?

Sorry for keep asking but I want to understand my grounds before going ahead.

Thanks again King...


Regards,
Moal

[CULLINAN]

Hi Cullinan,
Many thanks again for your guidance and patience in that matter. However, I do have a couple of questions further.

1) How I will submit an ILR application by end of March, as long as her legal date should be in May? As I understood the day of the application is the date we submit that online. Unless the application date is the date of biometrics submission. Is there any document or government guide for that? I don't want to apply for ILR then get refused or lose money for that.
The date of application is the date you pay and submit online. However, as per the above guidance if a decision is made on a date when the applicant qualifies - CW must take date of decision to calculate continuous residence

2) You highlighted in yellow from the date in decision, what is that relevant to? I can't connect the between lines.
Once an application is made in-time but visa expires, Section 3C sets it. Your wife will be covered by Section 3C and as long a decision is made on the day she actually qualifies for ILR - the CW must take date of decision to count her continuous residence (as stated in the guidance above).

3) Do you have a cover letter that you can share, I will tweak it of-course?
Not really. Explain simply in your own words that you are varying and add the above guidance in the cover letter

4) Where I can find the 45 working days or 2 months to submit the biometrics as I can't find it anywhere now?
It is a well known fact since the online system came out in Nov 2018. I will have to search for the exact guidance (if any) but you get 45 working days to submit biometrics after you submit your application with UKVI

5) What if they approved the tier 2 dependent extension visa in April for instance? Can something like that happened?
Once you vary as stated above, Tier 2 extension will not be considered. An application can only be decided after biometrics also

Sorry for keep asking but I want to understand my grounds before going ahead.

Thanks again King...


Regards,
Moal

[moal11]

Thanks Cullinan, I need to digest what is written before any further questions.


Regards,
Moal

[CULLINAN]

indefinite-leave-to-remain/two-months-s ... l#p1971023

Also follow the above user. User might take the same pursuit before you do.

[moal11]

Hi Cullinan,
Again, I appreciate all you precious advises. However, last couple of questions for now:

- For the ILR application, when I should submit the documents, with the biometrics or when submitting the application?

- When counting the 28 days for the ILR, I noticed in some posts 2 different advises, one saying to be done from the 1st entry to the UK and some saying from the date on the BRP. What do you think on that?


Thanks again.


Regards,
Moal

[CULLINAN]

Hi Cullinan,
Again, I appreciate all you precious advises. However, last couple of questions for now:

- For the ILR application, when I should submit the documents, with the biometrics or when submitting the application?
You can self-submit (after submission and before biometrics) - (optional but recommended - either way is fine) documents for ILR. I suggest not to do that for Tier 2 dep extension though until appointment date

- When counting the 28 days for the ILR, I noticed in some posts 2 different advises, one saying to be done from the 1st entry to the UK and some saying from the date on the BRP. What do you think on that?
It is because some people when enter on a visa vignette and the date of issue on visa vignette is after BRP issue date. So in that case safest precautionary approach is to go by entry date


Thanks again.


Regards,
Moal

[moal11]

Many thanks Cullinan, by the time we will be there, I might do a final check with you regarding the dates, if you don't mind.


Regards,
Moal

[moal11]

Hi Cullinan,
Sorry for any disturbance I am causing by my questions. However, I was wondering, if you know someone with a similar or near to my situation. I just want to see their update on that. I followed the one you mentioned before but seems not updating anymore.


Regards,
Moal

[CULLINAN]

FYI only

indefinite-leave-to-remain/tier-2-depen ... l#p1962824

[moal11]

Many thanks king Cullinan and will go through this one as well....


Regards,
Moal

[moal11]

Hi Cullinan,
I am completing the PBS dependent application visa nowdays. However, I feel there are some strange questions from what I used to see previously, which I will list them down here:
- In one question, it is asking about my national insurance number. Should I put it?
- Also, in another question, it was asking about my wife national insurance number. Should I put it?
- Driving license for my wife, should I put her number or just answer yes and leave the number empty?
- Also, in another question was asking about "How long she lived in the UK?". I did put the time as 4 years and 8 month, as this is the time on tier 2 dependent only.
- They ask about the travel in the last 10 years (which is a hill of a job due to lots of travel). What do you think about that?

Could you please let me know your thoughts for the above.


Regards,
Moal

[CULLINAN]

Hi Cullinan,
I am completing the PBS dependent application visa nowdays. However, I feel there are some strange questions from what I used to see previously, which I will list them down here:
1) - In one question, it is asking about my national insurance number. Should I put it?
2) - Also, in another question, it was asking about my wife national insurance number. Should I put it?
3) - Driving license for my wife, should I put her number or just answer yes and leave the number empty?
4) - Also, in another question was asking about "How long she lived in the UK?". I did put the time as 4 years and 8 month, as this is the time on tier 2 dependent only.
5)- They ask about the travel in the last 10 years (which is a hill of a job due to lots of travel). What do you think about that?

Could you please let me know your thoughts for the above.


Regards,
Moal

(1-2-3)
I do not have sight to the PBS extension form. It is recently updated on 1st Dec with a bunch on unnecessary questions. If the question is mandatory to answer, just input as it asks, if it is “if known” question leave it blank.

4) Input 4 years 8 months, you will be varying it to ILR anyways right? So what you fill on this form does not matter.

5) Same as (4).