28 days calculation for ILR-2021

[dp250281]

Hi All,

Can someone suggest me if I have to include my sons name and have to pay 2389£

1) I am on tier 2 general visa. Having work permit.
2) I have my wife visa tier 2 dependent.
3) we have 15 months old baby born in the U.K.
4) we are going to complete 5 years by 2021-April.
5) I have my employer reference letter(going to provide valid proof)
6) We have completed our English language tests & Life in the U.K. test.
7) Now the only thing left to apply ILR in the month of March-2021 (28 days before).
I have pbs dependent biometric card for my son as well (we applied for this assuming we may travel to India, but we did not get a chance)

Now my concern/doubt is do I need to include my sons name as a dependent while I am applying for U.K. ILR (though he was born here) ?
If so I have to pay extra 2389£ for him?

OR

I don’t have to include his name and once we have my ILR status completed, we can apply for his U.K. citizenship? So he can be a citizen?

Please advise..

Thanks
Durga.P

[CR001]

Now my concern/doubt is do I need to include my sons name as a dependent while I am applying for U.K. ILR (though he was born here) ?
If so I have to pay extra 2389£ for him?

No.

I don’t have to include his name and once we have my ILR status completed, we can apply for his U.K. citizenship? So he can be a citizen?

Yes.

[dp250281]

Thank you for the response.

So, this is an optional where I can add my son's name while I am applying ILR?

Also could you please share reference link on this info, just in case if I have to refer with home office or so?

Regards
Durga.P

[CR001]

So, this is an optional where I can add my son's name while I am applying ILR?

A UK born child does NOT require ILR to register as a British citizen. You could add a cover note stating that you will be registering the child once ILR is granted as HO is likely to write to you and ask about the child.

Also could you please share reference link on this info, just in case if I have to refer with home office or so?

HO is well aware of the rules. You don't need to reference this for them. The guidance for registering as a citizenship explains this clearly.

[dp250281]

Hi,

I have one more clarification. Could you please help me with the list documents required for applying UK ILR?

Both personal and official list of documents? Is there any link in this forum that I can refer?

Thanks
Durga.

[Kris001]

List of documents required differs from applicant to applicant, based on your answers to the questions in the application.
Start to fill your online application a month or two before submission date and you will be able to see what documents you need to gather.
But, you already appear to be aware of what you need for ILR and are well prepared.

[dp250281]

Hi All,

Can someone help me with the 28 days back date calculation:

we have different dates for me and my wife BRP's. Though we entered into the UK on the same day.

My tier 2 general visa (BRP) is due to expire/valid until- 23-04-2021. I am in the process of gathering information and doing paper work for applying ILR. I have the following points which I would like to clarify:

1) My Tier 2 general visa (BRP shows) is valid until 23rd-April-2021. And my wife visa (tier 2 general dependent visa-BRP shows) expires on 10th-April-2021. As per GOV.UK I can only submit ILR application 28 days (back dated) before my visa expires?.

Highlighting here what I see in the document:
"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 "

a) I would like to know how I should calculate/submit my ILR application- referring to the DATE OF ENTRY CLEARANCE issued (1 month temporary to enter into the UK and collect my BRP's) OR DATE THAT I ENTERED INTO THE UK? (the date where Immigration office stamp) on my passport or with the validity date on the bio metric cards?

b) As you can see my wife’s visa expires 13 days before my visa expires (as per BRP), will there be any obligations with my wife’s ILR application (calculating 28 days for ILR). As I am the main applicant and she is on dependent visa and I cannot do separately. As per the GOV.UK, ILR process can take upto 6 months/8 weeks, and the premium service has been cancelled temporarily due to COVID-19. What will be the status/condition for my wife as it may take time to get confirmation from HMRC?


Please advise

Thanks
Durga

[dp250281]

Hi All,

As I haven't got response, I am posting this query again:

1) My Tier 2 general visa is valid until 23rd-April-2021. And my wife visa (tier 2 general dependent visa) expires on 10th-April-2021(On BRP’s). As per GOV.UK I can only submit ILR application 28 days before my visa expires.

a) I would like to know on what date I can submit my ILR application (with the above dates mentioned) Is it based on entry clearance Valid from: 29-03-2016 to 28-04-2016. OR From biometric cards(08-04-2016 and valid until: 23-04-2021) OR Date of entry/landed into the UK: 12-04-04-2016?

Please advise on what date I can submit my application (with the given dates above)?

b) As you can see my wife’s visa expires 13 days before my visa expires (following BRP’s), will there be any obligations/no status for her with my wife’s ILR application (calculating 28 days for ILR). As I am the main applicant and she is on dependant visa and I cannot do separately. As per the GOV.UK, ILR process can take upto 6 months, and the super priority service has been cancelled temporarily due to COVID-19. What will be the status/condition for my wife as it may take time for the confirmation from home office?

2) Will Home office refer to any specific format/standard that I have to use so I can refer to my Employer (COS, holiday/absence details etc.,) to follow while providing me a COS and other details in the document? And how many months before I can request my HR to provide me a document (1 month before?) I would appreciate if you could provide me a copy of the template or the important points that it must have?

3) Do I need to provide my tenancy document as reference/mandatory? On mutual understanding between me and my landlord there is no active/latest document as a reference (First year document when I occupied the house as tenant has been expired). Can I refer my council tax, Utility bills having the current address? If yes, how many months or years I should submit?

4) Also do I need P60 end of year certificate is must for all 5yrs? Somehow my 2018-2019 certificate is missing/lost. I just want to know if this can cause any issues for ILR application? Can I raise a request with HMRC to post me the certificate?

Waiting for your feedback.

Thanks,
Durga.

[dp250281]

Ok I got the info about the P60 certificate (point 4) which is not mandatory/not required from this forum/post response. Please ignore my 4 point.

indefinite-leave-to-remain/p60-required ... 66990.html

Thanks to help with the other 3 points/query.

[srsw]

1. You'll be eligible when you reach 5 years minus 28 days from the date of your first visa, so go with BRP start date or entry date.

1b. You can apply for your wife at the same time with your application. As long as you both apply before current visa expires it should be fine.

2. Yes, CoS, UK absences, salary & you're needed for the foreseeable future needs to be mentioned in employer letter. Checklist will list this or you can see the guidance or there's a template on this forum which you can use. Just search for employer letter template.

Employer letter should be dated within 1 month of your application submission date, so request accordingly.

3. Tenancy agreement is not mandatory, but if your wife applies at the same time then you need to provide cohabitation proofs for the last 2 years. At least 4 to 6 different sources and documents spread across evenly around 3 to 4 months apart. Yes, council tax, utility bills, bank statements, NHS letters, TV licence letters, poll cards, etc. can be used. Joint accounts better followed by individual letters addressed to you or your wife for the same address.

[srsw]

2. indefinite-leave-to-remain/employer-let ... 67381.html template here. Address it to "Home Office" or "To Whom It May Concern".

[dp250281]

Thank you so much

[dp250281]

Hi All,
I am working as a full time/permanent role. My ILR is due in 2021-March- (tier 2 general 5yrs visa)
In 2019 I joined freelance language services working as a self employed (interpreter) for specific languages. Although the work is based on need/when there is a requirement I should act as an interpreter for 30 to 1hr and I will be paid 13 to 15£ only and I dont have to be as an oncall or so. It is just when there is a job(interpreter) they phone me to check if I am available to take the call to translate language.
So far I have not earned anything to high to pay tax as such from this I accepted only two jobs. As this earning is very less and does not fall under self employed level/in terms of earning. I have not applied for self employed in the gov.uk.
My doubt is will this create any issue for my ILR or should I mention in the cover note or should I go ahead and resign and get a official confirmation from them that I resigned and no longer working for them? Please advise if any of you had this situation?

Thanks
Durga.

[srsw]

You are unnecessarily complicating things for yourself. On tier 2 you are not supposed to take up second job which isn't similar to your primary job.
Also, you are supposed to declare any additional income.

You can take up such work once you get ILR, but for now, keep things simple and perhaps any further work do it on voluntary basis without accepting fee or nominal fee just to cover travel expenses, if any.

[dp250281]

Hi,

Thanks for your response and I have just resigned and asked to give me in writing for any reference. Also consolidated payment history from them as reference(just in case)

Thanks
Durga.

[dp250281]

Hi,

Can I download the bank statements online and refer them during the ILR application or I should get it from bank having stamp/sign by the bank branch? And how many months as reference? last 6 or latest 1month statement. I am sorry if this is a repeated question.

Please advise.

Thanks,
Durga.

[srsw]

Yeah, online statement is fine. Latest 1 month bank statement that has your salary entry. Make sure the statement is within 1 calender month of your application submission date.

[dp250281]

Thank you so much for the response.

[dp250281]

Hi All,

I just got an email from my employer that they are going to process/give me 1yr visa extension before I apply for my ILR after 5yrs tier2 route. And they told me that I have to wait for that 1yr visa application to get approved and new bio metrics etc., and only then I can apply for ILR.

Please advise if this is mandatory or can I opt out saying I do not need extra 1yr(6thyr) visa as I am going to apply for ILR in the month of March-2021? I am afraid this will make my original ILR application dates delay.

Please advise.

Thanks,
Durga

[srsw]

If you reach the required 5 years minus 28 days on your current tier 2 visa, then extension is not required. You'll incur extra visa & IHS fee as well and as you said will delay the ILR process.

Try convincing employer that you'd rather go for ILR and request them to provide necessary letters.

[dp250281]

Thank you for the response. Though employer said they are going to pay the ihs charge. I am going to tell them I do not need Extn 1yr (though they are offering me with no charge)