10 years in tier 2 ict and 2 months shortfall for 10 year settlement

[Rud]

Hello ,

Here are the details of my stay in Uk and pls
Advise which option I should be using for the
2 month shortfall

Visa type tier 2 ict
(Valid visa from 2010 to April 2021)

First entry
May 2010 to sep 2010 (stayed in Uk for 4 months)
Second entry
June 2011 to April 2021 (visa expires on 28th) without any leaves exceeding 180 days

Now My sponsor has refused to sponsor for 2 month shortfall to complete 10 year stay in Uk

My spouse and child entered Uk in April 2010 and their visa is also finishing in April 2021.

Option 1 : apply 3 separate flr FP befor 26 th apr 2021 and wait for 10 year completion and I alone apply for set lr 28 days before .I.e. 26th may 2021 but my spouse and child should continue in flr FP until my decision is heard and the I submit their flr m appln , so that sec 13c covers 2 month gap for me and probably 4 or 5 month long wait for my dependants until my settlement is heard back?

Option 2 : apply set lr on April 26 th itself showcasing that I entered Uk in may 2010 and holding visa legally and I have a reason for my absence during to the first year of qualifying period ? Because I’m assuming there will be delay for 4 months on set lr processing and they will consider the recent period of stay and give me an ilr once I become eligible ? Will this option work? If yes whether my spouse and child should also apply for flr m in April 26 2021 or they should be in flr fp ?

Pls suggest if my above understanding on the Options are correct or is there any other way to try to cover the 2 month shortfall for me and long wait for family until they obtain flr m ?

How do I associate all these individual application and notify the home office that dependant appln must wait until I hear back on ilr decision in both options ?

Thank you for your time and help

[Rud]

Sorry a correction my spouse and child entered Uk in April 2015

[vinny]

Your dates are confusing. Please recheck.

Did you initially enter the UK as a Tier 2 (ICT) migrant under the Rules in place before 6 April 2010?

[Rud]

Thank you for your reply

No I don’t come under 6th apr 2010 category , I’ve got initial visa as established staff in apr 2010
Since then had extended visa without any gaps from
April 2010 to April 2021

I have a long absence of more than 180 days during during the first year .i.e.I have entered Uk in may 2010 and left in sep 2010 and returned back in June 2011 since than I’m in Uk having valid visa until April 2021 , There will be a shortfall of 2 months to qualify for ilr in June 2021. My spouse and kid have entered Uk in apr 2015 as PBS dependants and their visa also finishing at the same time, so pls advise which option 1 or 2 will be more appropriate for settlement ?

[vinny]

Option 3.

Switch to a skilled worker with another employer?

[vinny]

Option 2 may work, if they took their time to decide and you are eligible on the date of the decision. See also Long residence. What’s your good reason for being absent for longer than 180 days?

[Rud]

I have only 2 weeks left on my cos now..

The reason was my grandfather death and was working from offshore for the same client due to some family problems after grandfather death..

[Rud]

If I go for option 2
whether my spouse and child should also apply for flr m at the same time in April 26 2021 or they should apply in flr fp ?

[vinny]

I have only 2 weeks left on my cos now..

The reason was my grandfather death and was working from offshore for the same client due to some family problems after grandfather death..

Long residence

If the applicant has been absent from the UK for more than 6 months in one period or more than 18 months in total, the application should normally be refused. However, it may be appropriate to exercise discretion over excess absences in compelling or compassionate circumstances, for example where the applicant was prevented from returning to the UK through unavoidable circumstances
....
for the single absence of over 180 days:

• you must consider how much of the absence was due to compelling circumstances and whether the applicant returned to the UK as soon as they were able to do so
• you must also consider the reasons for the absence

....
It is not possible to define all potential compassionate circumstances, but it might, depending on the circumstances, include:

• significant or serious illness
• frailty
• particularly difficult family circumstances

Include lots of evidence for the circumstances of the delay.

[Rud]

Hi Vinny,

Appreciate if you could advise on the below 2 questions

for option 2
Q1)
whether my spouse and child should also apply for flr m at the same time in April 26 2021 or they should apply in flr fp

for option 1 or 2
Q2)
Currently there are no slots available for biometrics appointment for atleast 4 weeks, can I book for a biometric slot after 6 weeks close to the completion of qualifying period ?

[vinny]

See also Dependant of ILR (long residence) applicant on PBS leave

See Obie's advice to use FLR(FP) form and then vary to FLR(M) later.

Unsure if some caseworkers are still being unreasonable/irrational and not willing to wait for the outcome of a SET(LR) application, before making a FLR(M) application invalid?

However, perhaps

34B. (1) Where an application for permission to stay does not meet the requirements of paragraph 34(1) to (9), or the validity requirements for the route under which they are applying, the Secretary of State may notify the applicant and give them one opportunity to correct the error(s) or omission(s) identified by the Secretary of State within the timescale specified in the notification.

may now help before they decide a FLR(M) application was invalid?

Picking a latter biometrics appointment seems sensible.

[Rud]

Thank you Vinny for your response to my queries.

I found these lines in the link that you haves shared

PBS dependants of such migrants cannot apply for settlement without switching to FLR(M). Anyone switching to FLR(M) route on or after 06-Apr-14 will be required to spend 5 years on FLR(M) leave with the same partner to be eligible for settlement. In other words, any time spent in the UK prior to grant of such FLR(M) leave will not contribute towards qualifying residence period for the purpose of settlement. More simply, the dependant's ILR count is reset to zero.


My dependants have already spend 7 years in Uk now they will qualify long term settlement in other 3 years , I hope their the clock doesn’t reset if they switch from pbs dependants to flr m . Pls confirm if my understanding is correct ?

Would you advise me to get immigration solicitor to make all these applications that we discussed now or can I do these applications by my self , Will it make any difference in the decisions ?

[vinny]

Their clock for the five year SET(M) starts with the grant of initial FLR(M).
However, they may be eligible for SET(LR) before being eligible for SET(M).

If you read the rules more carefully than a solicitor, then you may not need a solicitor.

[Rud]

Thank you very much Vinny for the clarifications
Pls share if you have any best model or sample cover letter for reference just
To see the standard format and presentation of any such type of cover letters for similar purposes..

[Rud]

Hi Vinny,

Can you pls advise from the below sub category in flr fp form will be more appropriate to provide a temporary section 3c coverage for family members until my settlement decision is received and then switch to flr m ?

Flr FP
this form if you wish to apply for further leave to remain in the UK as a partner, parent or dependent child of a British citizen or settled, or on the basis of your private life in this country.
Flr (hro)

[vinny]

You have hit the nail on the head.

A problem is that they expect dependants of Long residence ILR holders to switch under Appendix FM. But they seem to have no clear provisions of what dependants may apply for, when they haven’t decided on the Long residence application.

If your SET(LR) application hasn’t been decided, then I don’t really see how dependants may also apply for FLR(FP) or succeed?

In view of 34B, if they satisfy the other requirements for FLR(M), then, if possible, I think dependants may as well apply for FLR(M), assuming that the SET(LR) will succeed. Request Caseworkers to wait on your SET(LR) decision. If they don’t wait, then they should give dependants an opportunity to switch to FLR(FP), before declaring FLR(M) as invalid?

Similar to Schrödinger's cat, no one knows if you will succeed or fail until they decide and open the box.

[Rud]

Thanks Vinny, I’m not expecting flr FP to succeed when set lr is pending for decision.

Having said if case workers rejects flr(m)
And give an opportunity to switch to flr(p)
“
then they should give dependants an opportunity to switch to FLR(FP), before declaring FLR(M) as invalid”

I’m little confused now what opportunity refers here , is it Secretary of State giving a chance to apply flr FP if flr m is declined as invalid ?

[vinny]

I’m little confused now what opportunity refers here , is it Secretary of State giving a chance to apply flr FP if flr m is declined as invalid ?

34B seems to indicate that.

[vinny]

Applying on FLR(FP) and later switching to FLR(M) should also be okay. But which subcategory of FLR(FP) would be appropriate?

[Rud]

Thank you Vinny for your suggestions

My understanding is flr FP option shouldn’t be dependant or partner in case if planning switch from flr FP to flr m later, pls advise which option in flr FP will be suitable for dependants ?

[vinny]

None appear suitable? Perhaps pick Private life?

[vinny]

See also Long Residence and FLR dependents.

[Rud]

Thank you so much Vinny , I just came to know that there are no biometric slots available for atleast 4 week from the date of submission for any type of visa appln . In case if I have any type of visa application pending for decision , can I still submit my set lr application exactly 28 days before my 10 years completion ? Will there be overlap or confusion leading to any rejections ? Will home office pick the applns in the order based in submission date and process for every applicant .I.e . Say if the applicant has t2 visa appln in 22 apr and. Decision is not made until 22nd may by the time applicant submit his set lr appln , the home office will pick the t2 appln first and issue the t2 visa first and later review set lr appln , is this fair understanding ?

[Rud]

Hi Vinny ,
Can i request you to pls advise whether I can submit the set lr application when a decision is in pending on tier 2 extn appln ? Which one will be picked up for processing , in case if the case worker has decided to process the set lr application overriding the tier 2 appln then dependants will not any visa as they are also awaiting for pbs dependant visa based on t2 application ? Do I need until I get the tier 2 visa approved for the family before submitting set lr appln to avoid confusion and dependants will also get pbs dependant visa ..

[vinny]

When you start an online application, it asks if you have a pending application. If “yes”, then you will vary it. Pay fees again, but expect a refund for previous application.