ILR application date - falls on weekend

[samory]

Hi

We are family of three (two parents and a child born in the UK).

We first came to the UK in 2017 me and my wife on a Tier - 4 student visa and my wife was a dependent on that visa.

I then got skilled worker visa on Jan - 2020. My wife and my Child are dependent on a skilled worker visa starting from Jan-2020.

Then, switched to GTV (endorsed by UKRI - fast track) on 11-2022.

I will apply for ILR by the end of this year (after three years combined on Skilled worker + GTV).
I will apply for Citizenship for my Child directly after I get the ILR since he was born in the UK.

My question is about my wife, can't she combine the 5 years (3 years on a Dependent visa on my skilled worker + 2 years on a dependent student visa) then apply for ILR at the same time as me or she must wait for another two years on 'suitable' dependent visa (i.e, GTV)?

I appreciate your help with this, thanks.

[zimba]

Yes she can. Apply together

[samory]

Many thanks Zimba for your answer

Can I please ask you to send me the guide/ info that confirms that?

Thank you

[zimba]

The rules simply need your dependants to have been granted permission as the dependant partner or child of the lead applicant (i.e. YOU). They could even be on a different dependant visa route. So as long as they have been here 5 years as your dependant, they qualify

Last grant settlement requirement
Unless the applicant is a child who was born in the UK before the lead applicant
settled, the dependant must have previously been granted permission as the
dependant partner or child of the lead applicant. This permission could be in a
different route.This applies to Global Talent, Innovator, Representative of an Overseas Business,
International Sportsperson and Skilled Worker.

https://assets.publishing.service.gov.u ... routes.pdf

This is based on immigration rules, paragraph GT 27.1 and onwards: https://www.gov.uk/guidance/immigration ... bal-talent

[samory]

The rules simply need your dependants to have been granted permission as the dependant partner or child of the lead applicant (i.e. YOU). They could even be on a different dependant visa route. So as long as they have been here 5 years as your dependant, they qualify

Last grant settlement requirement
Unless the applicant is a child who was born in the UK before the lead applicant
settled, the dependant must have previously been granted permission as the
dependant partner or child of the lead applicant. This permission could be in a
different route.This applies to Global Talent, Innovator, Representative of an Overseas Business,
International Sportsperson and Skilled Worker.

https://assets.publishing.service.gov.u ... routes.pdf

This is based on immigration rules, paragraph GT 27.1 and onwards: https://www.gov.uk/guidance/immigration ... bal-talent

Many thanks Zimba, this is much appreciated. I previously told the Mrs that she needs to wait so this is a relief for her.

I have another question please if you don't mind:
What evidence would the Home Office need from me and my wife to prove the 3 years qualifying period for me (on GTV, UKRI) and 5 years for my wife? noting that we both have two passports now (one new and one old), the old one contains the stamps for the first entry to the UK in 2017.

[zimba]

No evidence is needed. Simply provide copies of your passports, covering the last 5 years

[samory]

No evidence is needed. Simply provide copies of your passports, covering the last 5 years

Many thanks zimba. One final question please, I am required to provide Evidence of previous earnings in expert field, which I will provide “Letter from emplover or institution on official headed paper confirming you have earned money in your expert field” , does this letter need to be within 28 days of application please?

Thanks

[zimba]

No such requirement

ILR earning requirement under Global Talent Visa

[samory]

Hi

I have GTV (UKRI route) and I am eligible for applying for ILR after 3 years.

I was on a Skilled Worker visa ( issue date 20-Jan-2021) and before that date on a Tier 4 student.

I switched to GTV and issued on 24-Nov-2022.

I will meet the 3 years requirement for ILR on 20-Jan-2024 ( by combining both GTV and Skilled Worker periods only). Counting back 28 days from 20-Jan-2024, this falls on Saturday the 23rd of December), is the rules please that I can apply on the 22nd instead?

Thanks

[zimba]

You may apply earlier.

How to apply early and benefit from the date of the ILR decision ?

[samory]

You may apply earlier.

How to apply early and benefit from the date of the ILR decision ?

Hi zimba, many thanks for your reply.

Having read the post you mentioned, I am a bit confused please.
We received the decision of the skilled worker visa (email from home office) on the 20-Jan-2021 as well. Does that mean I can submit the ILR application on 15th of December - 2023 for example but book the appointments for biometrics from the 22nd of December onwards (which is within the 28 days from 20-Jan-2024)?

[zimba]

Yes

[samory]

Yes

Hi Zimba

Please I have another urgent question.

Before a month, I applied to extend my son's dependent (on skilled worker) visa which ends on 28/12/2023 to be in line with my GTV end date which is 24-11-2024. However, I did not extend his Mother's visa which end on 28/12/2023. The reason I did that is because both me and Mother intend to apply for ILR in December this year and because Son will be eligible to apply for Citizenship directly, I feared that If our ILR is delayed beyond 28-12, then he will become overstayer and this will affect his Citizenship application (he is 4 years old).

Now, the home office caseworker emailed me today saying:
"
I would advise you that we cannot extend the child’s visa and not the mother’s visa.

The Immigration Rules state:
GT 24.2. A child will be granted permission which ends on the same date as whichever of their parents’ permission ends first, unless both parents have (or are being granted) settlement or British Citizenship, in which case the child will be granted permission for 3 years."

The reason I wanted to extend him as to not apply and pay for 3 years after we get the ILR while it is only matter of days when Son will be eligible to apply for Citizenship.

Can you please let me know what to do in this case? do I need to tell the caseworker to withdraw the application or apply for his Mother now?

Thank you

[CR001]

A UK born child has an entitlement to register as British and does not need a valid visa to do that. The issue you have is once the visa expires, free NHS service no longer apply, so get health insurance.

Not having a valid visa has no effect on his entitlement to apply for citizenship and will not be a reason for refusal.

Unclear why you applied now for sons visa extensions when it only expires in December. Even if ab extension just for your son was possible, it would have had the same expiry date again as PBS dependents cannot have leave valid for longer than the main PBS visa holder.

[samory]

A UK born child has an entitlement to register as British and does not need a valid visa to do that. The issue you have is once the visa expires, free NHS service no longer apply, so get health insurance.

Not having a valid visa has no effect on his entitlement to apply for citizenship and will not be a reason for refusal.

Unclear why you applied now for sons visa extensions when it only expires in December. Even if ab extension just for your son was possible, it would have had the same expiry date again as PBS dependents cannot have leave valid for longer than the main PBS visa holder.

Hi CR001

Many thanks for your quick reply, appreciated.

I applied before December because I consulted the university legal advisor and she suggested to extend Son alone for 1 year so Son new dependent visa will have same expiry as me (his father) which is 24-11-2024 instead of his current Visa which ends on 28-12-2023. So the extension just to guarantee that when we get the ILR, if the decision is delayed to let say Feb-2024, Son will not be overstayer between December - Feb. The advisor said because this is a Citizenship application, then Son need to be always staying here lawfully, otherwise his Citizenship application will be affected.

On your statement " Even if ab extension just for your son was possible, it would have had the same expiry date again as PBS dependents cannot have leave valid for longer than the main PBS visa holder" , I have GTV valid till 24-11-2024 you mean by the main PBS visa holder as Me. Son's mother still has a PBS valid till 28-12-2023 only same as Son.


So, in this, should I tell the caseworker please to withdraw the application? and we (parents) apply for ILR normally then apply for Son citizenship once we get the ILR even if Son overstayer?

Thanks again

[CR001]

So, in this, should I tell the caseworker please to withdraw the application? and we (parents) apply for ILR normally then apply for Son citizenship once we get the ILR even if Son overstayer?

Yes.

You cannot extend Sons visa without extending mother's visa, the rules don't allow it

You have also been given incorrect advice by whoever you asked, presumably your sponsor.

[samory]

So, in this, should I tell the caseworker please to withdraw the application? and we (parents) apply for ILR normally then apply for Son citizenship once we get the ILR even if Son overstayer?

Yes.

You cannot extend Sons visa without extending mother's visa, the rules don't allow it

You have also been given incorrect advice by whoever you asked, presumably your sponsor.

Many thanks Char, appreciate your fast reply and help.

Just on your statement
" Even if ab extension just for your son was possible, it would have had the same expiry date again as PBS dependents cannot have leave valid for longer than the main PBS visa holder"

I have GTV valid till 24-11-2024, that is why hoped that Home Office would extend Son till the expiry date of my GTV (as main applicant), do you mean please by the main PBS visa holder as Me (Father) or his Mother?

[zimba]

Dependant on its own usually refers to the spouse. Child dependents simply follow their parents and settle when parents settle as they do NOT even have residence requirements. The rules do NOT allow the children to overtake their parent's visas! The rules are specific and you cannot simply hope to get what you want. Also, there is NO need to extend your son's visa as you have already been advised. The concern around overstaying is not important for your son's registration application at all

[samory]

Dependant on its own usually refers to the spouse. Child dependents simply follow their parents and settle when parents settle as they do NOT even have residence requirements. The rules do NOT allow the children to overtake their parent's visas! The rules are specific and you cannot simply hope to get what you want. Also, there is NO need to extend your son's visa as you have already been advised. The concern around overstaying is not important for your son's registration application at all

Many thanks zimba

I appreciate your reply. The reason I did this because the University private lawyer advised me to do like this exactly but thanks God I knew this forum

[CR001]

Lawyers don't always know what they are talking about

[samory]

Lawyers don't always know what they are talking about

Hi Char and zimba

Another question please if I may.

The HO caseworker emailed saying:
“please can you provide an explanation of why you have claimed Disability Living Allowance for your son when your conditions state you are not allowed to claim public funds.”

Before a year or so, the consultant doctor of my child advised us to apply for DLA. I said we are not eligible but she insisted so she helped filling the application and she recommended it.

As part of this, I sent a certified copy ofmy skilled worker visa to DWP which clearly says no access to public funds. So I thought the application will be straightforward rejected.

After 2-3 months, we received approval for it after a call from DWP asking some questions. So I thought probably there are some exceptions from DWP taking into account the recommendation of the consultant doctor.

In anycase, the amount is not a lot and we can pay it back.

Can I ask please if this affects parents ILR in December or Child citizenship application afterwards?

I already told the caseworker to withdraw the application for child as you said having a valid visa will not affect his Citizenship application later.

[zimba]

You should NOT get immigration advice from your doctor. Your visa condition specifically prevents you from getting any public funds for yourself or your kids. This can affect your ILR as you have made the claim on behalf of your son. You must write back and explain that the application was made in error and you will be contacting DWP to arrange to return any money claimed.

[samory]

You should NOT get immigration advice from your doctor. Your visa condition specifically prevents you from getting any public funds for yourself or your kids. This can affect your ILR as you have made the claim on behalf of your son. You must write back and explain that the application was made in error and you will be contacting DWP to arrange to return any money claimed.

Thanks zimba, I contacted and wrote to DWP about this. I also asked how the decision maker reached that we are eligible? Obviously the wording on the back of the BRP : No Public Funds is generic. So when DWP approved our DLA application, why that counts on me? I am happy to return the claimed benefits I said to the caseworker.

[zimba]

DWP may or may not check your immigration status. You are required to abide by the conditions of your stay. It also seems that you knew you did not qualify for it when applying.

Public funds are defined very clearly: https://www.gov.uk/government/publicati ... blic-funds

[samory]

DWP may or may not check your immigration status. You are required to abide by the conditions of your stay. It also seems that you knew you did not qualify for it when applying.

Public funds are defined very clearly: https://www.gov.uk/government/publicati ... blic-funds

Thanks, I suspected it, but when the consultant doctor insisted, I thought there are some exceptions otherwise DWP would reject the application because they requested certified copies and originals of passports and BRP.

I wrote to DWP and I will arrange to return these benefits then provide evidence and write a cover letter to caseworker when applying for ILR.