Gap Period between 2 Visas

[moal11]

Ok...will do thanks a lot King.


Regards,
Moal

[moal11]

Hi Cullinan,
Just a quick one, I was paying the IHS and it was asking about the work start date and work end date. If her visa will end today, should I put the start date to be tomorrow and count 3 years from that? or should I list the 4 month gap period only? I have the ILR started end of August 2020.


Regards,
Moal

[CULLINAN]

Hi Cullinan,
Just a quick one, I was paying the IHS and it was asking about the work start date and work end date. If her visa will end today, should I put the start date to be tomorrow and count 3 years from that? or should I list the 4 month gap period only? I have the ILR started end of August 2020.


Regards,
Moal

For now input a date that will calculate the correct amount of IHS for extension period i.e. 3 years.

[moal11]

Hi Cullinan,
Thanks for that, for some reason in the selection of the question "who she is joining" i.e. me, it is not showing under tier 2, the general one. Should I select skilled worker instead?


Regards,
Moal

[zimba]

Hi Cullinan,
Thanks for that, for some reason in the selection of the question "who she is joining" i.e. me, it is not showing under tier 2, the general one. Should I select skilled worker instead?


Regards,
Moal

Tier 2 general does not exist anymore. It is covered under Skilled Worker visa now

[moal11]

Thanks for that. For some reason it showed me a calculation for 4 years, although I put start and end date for 3 years. Maybe because I put my ILR dates. However, is there a way to change that or I need to do a new whole application?


Regards,
Moal

[CULLINAN]

Thanks for that. For some reason it showed me a calculation for 4 years, although I put start and end date for 3 years. Maybe because I put my ILR dates. However, is there a way to change that or I need to do a new whole application?


Regards,
Moal

If you have already paid, I think you can not re-do it. The over paid amount is refunded as of my knowledge. You will be varying your application later on? So all should be refunded.

[moal11]

Hi Cullinan,
I have not paid because it should me the wrong amount of 4 years not 3. It is stuck and don't allow me to do any changes. Either to pay or return back to the application.


Regards,
Moal

[CULLINAN]

Hi Cullinan,
I have not paid because it should me the wrong amount of 4 years not 3. It is stuck and don't allow me to do any changes. Either to pay or return back to the application.


Regards,
Moal

Just input a date 3 years apart to calculate the right amount to pay.

Try returning back to application and try again?

https://www.gov.uk/healthcare-immigrati ... cation/pay

[moal11]

Hi Folks,
The problem is with me actually, so if I put the end of ILR to be December 2024 i.e. what is written in the ILR card, then she will pay for 4 years. But if I put the date of ILR to be exactly 3 years then it make me pay for 3 years. So should I write the end of mine to be the 3 years option (which is not accurate)?


Regards,
Moal

[CULLINAN]

3 years. Extension is granted for 3 years. Your ILR end date has no significance. ILR card will expire, not your status.

If your BRP expires on 31 December 2024
You do not need to tell UKVI if your BRP expires on 31 December 2024 but you have leave to stay longer.

UKVI will update their information on how to update your BRP in early 2024. You do not need to do anything and your immigration status will not be affected.

https://www.gov.uk/biometric-residence- ... rt-problem

[moal11]

Thanks Cullinan, I managed to submit this one finally, let's wait and hope for the best. I do appreciate your support and time in that.

I will review later on with you the next step.


Regards,
Moal

[moal11]

Hi Cullinan,
I have noticed something on the examples I have seen for varying to ILR. That by the time they submitted/will submit the biometrics of the biometrics for visa extension, they were/are already qualified for the ILR (28 days qualification period). But if you see the dates in my wife case, she will be qualified from 11 May. knowing that we intened to submit the biometrics of the visa of extension on 29 March.

Also, in 34G in this link (https://www.gov.uk/guidance/immigration ... appLTRinUK). It is a confusing when the date of online application should be considered.

I know you have explained that before but it got me a bit confused. Could you please let me know what you think?

Many thanks and have great weekend...


Regards,
Moal

[CULLINAN]

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

As long she qualifies for ILR on the date of decision it should be okay. So book biometrics for ILR only when she qualifies.

[moal11]

Thanks Cullinan.


Regards,
Moal

[moal11]

Hi Cullinan,
Just a quick question, whe she will apply to ILR, which one she should go for, SET(O) or (M)? Just to remind, I was on Tier 2 general and she was my dependent, then I moved to ILR 7 months ago.

Many thanks...

Regards,
Moal

[CR001]

A PBS dependent visa holder applies for ilr on form SET O.

[moal11]

Many thanks Char...


Regards,
Moal

[moal11]

Hi Cullinan/Char,
My wife was completing the ILR application to be submmited next day after she submit the visa extension biometrics (waiving the application) as mentioned earlier in this post due to the gap period. However, there are few quesions I would liked to clarify.

1) "Which visa is Mr XXXXX applying for or been granted?
Choose the route that Mr XXXXX has applied for or been granted, even if their application is still being processed. I think Tier 2 is the one to pick. (I am currently on ILR after 5 years on Tier 2 route)

2) "Do you have one of these reference numbers for Mr XXXXX?
(Required)

Yes, I have their VAF number
Yes, I have their GWF number
No, I do not have a reference number for them"

I think we can select no here.

3) "What is the end date of your most recent visa, leave to enter or remain or other permission to be in the UK?(Required)" I will write the end date of her last visa. 29/01/2021.

4) "Evidence for not applying before your permission to be in the UK expired" and "Was there a reason beyond your control why you did not apply before your visa or leave to remain expired?"
If you did not apply because of:
coronavirus (COVID 19), for example, you were in hospital with coronavirus symptoms, self-isolating or you could not return to your home country, select no
another reason, for example you were in hospital for a different reason or had a death in your immediate family, select yes and provide evidence of this when you are asked

This question asked becasue I think the application has the impression that I should have applied before 29/01/2021. The answers given are related to the COVID or just no.

5) "Do you have any Home Office reference numbers?" "If you have previously made an application to remain in the UK, you can find a reference number on letters from the Home Office, called 'Our Ref' or 'Case ID'. If not known, select 'No'."

This is at the end of the application, I think we can select no.


Your kind reply is highly appreciated.

Regards,
Moal

[CULLINAN]

Hi Cullinan/Char,
My wife was completing the ILR application to be submmited next day after she submit the visa extension biometrics (waiving the application) as mentioned earlier in this post due to the gap period. However, there are few quesions I would liked to clarify.

1) "Which visa is Mr XXXXX applying for or been granted?
Choose the route that Mr XXXXX has applied for or been granted, even if their application is still being processed. I think Tier 2 is the one to pick. (I am currently on ILR after 5 years on Tier 2 route)
Tier 2

2) "Do you have one of these reference numbers for Mr XXXXX?
(Required)

Yes, I have their VAF number
Yes, I have their GWF number
No, I do not have a reference number for them"

I think we can select no here.
Correct. “If known” question

3) "What is the end date of your most recent visa, leave to enter or remain or other permission to be in the UK?(Required)" I will write the end date of her last visa. 29/01/2021.
OK

4) "Evidence for not applying before your permission to be in the UK expired" and "Was there a reason beyond your control why you did not apply before your visa or leave to remain expired?"
If you did not apply because of:
coronavirus (COVID 19), for example, you were in hospital with coronavirus symptoms, self-isolating or you could not return to your home country, select no
another reason, for example you were in hospital for a different reason or had a death in your immediate family, select yes and provide evidence of this when you are asked

This question asked becasue I think the application has the impression that I should have applied before 29/01/2021. The answers given are related to the COVID or just no.
When you start the SET(O) application.The first question asks if you have any pending applications with HO. Did you provide details there? If yes, is this question still coming up? Mention this is a variation application, you will have space at the end of the form or cover letter to clarify also

5) "Do you have any Home Office reference numbers?" "If you have previously made an application to remain in the UK, you can find a reference number on letters from the Home Office, called 'Our Ref' or 'Case ID'. If not known, select 'No'."
If known question. You can leave if if you do not know

This is at the end of the application, I think we can select no.


Your kind reply is highly appreciated.

Regards,
Moal

[moal11]

Hi Cullinan,
Many thanks for the prompt reply. Regarding question 4 (above), I can confirm, I did put the pending application but it still asks me that question. However, I have not come to the last bit yet, but I will mention the pending application again (if there is the a space) at the end of application as well.

Thanks again for all your patience and help, and will keep you updated.

Regards,
Moal

[moal11]

Hi Cullinan,
I am now on the payment part but the application didn't show me any boxes to write anything related to waving the application (apart from the question at the begining asking about "Do you currently have an application with the Home Office for leave to remain for which you have not yet received a decision?", Which I already supplied with the extension visa number).

However, the only question that allowing me to write is: "Was there a reason beyond your control why you did not apply before your visa or leave to remain expired?
(Required)
If you did not apply because of:
coronavirus (COVID 19), for example, you were in hospital with coronavirus symptoms, self-isolating or you could not return to your home country, select no
another reason, for example you were in hospital for a different reason or had a death in your immediate family, select yes and provide evidence of this when you are asked"

I answered no as mentioned before but if I say yes, it will allow me to write whatever I wish. But it will need evidence for that: "Evidence proving XXXXXX's exceptional situation such as a doctor's note or death notice for a close family member"

Would you please let me know what do you think? Many thanks...


Regards,
Moal

[CULLINAN]

The form is generic and is designed like that. As soon you input a date that is in the past when the visa expired, it thinks you are making a late application. Just mention the reason that you are varying the application to ILR and protected by Section 3C if it lets you.
I am not sure what other options are there to choose but clarify in the cover letter and do not worry too much about the options in the form itself.

"Evidence proving XXXXXX's exceptional situation such as a doctor's note or death notice for a close family member"

This is NOT the correct option for you.

[moal11]

Hi Cullinan,
Many thanks for your clarification. I think the only place would be the cover letter.


Again appreciate your time and help.


Regards,
Moal

[CULLINAN]

Hi Cullinan,
Many thanks for your clarification. I think the only place would be the cover letter.


Again appreciate your time and help.


Regards,
Moal

Make sure you have enough time for biometrics that takes you to the date when she actually qualifies for ILR though. Submit accordingly.