ILR 10 year route - Employer letter and English Test Requirement Queries

[RSP]

Hi,

I am in a kind of tricky situation. Have been in UK for the past 13 years (from 2011) there were a gap of 1 year between 2013 March - 2014 March but during this gap I visited UK on business visa.

My employer Visa was stamped on Feb 2023 but entered UK only on 2nd March 2014. From then I have been in the UK with a notable gap of 176 day at a stretch between March - August 2018.

I was planning to apply for my ILR in 2024 Jan end based on the visa issued date in Feb 2023 but now my role may get redundant by June. I believe there will be a curtailment period of 60 days which will take me till end of Aug 2023.

There will be a gap of 5 months between Aug 2023 - Jan 2024. What are all the best options available for me in this scenario.

My wife is currently on dependent visa and the chances of her getting a visa from her employer is very less so the option of me moving to dependent visa is also ruled out.

I would have tried my luck by applying for ILR considering the fact that I have been in UK from 2013 but there is a rule change recently that temporary visa stay wont be considered for ILR which ruined my other option as well.

Any suggestion will help me to tackle the situation.

Thanks!

[zimba]

Curtailment often does not happen, so I guess you have enough time to find a new sponsor and secure a new skilled worker visa

[RSP]

Thanks @Zimba your words are bit reassuring. One more question.

Given the market scenario if i don't get any new sponsor between August and December what would be the consequences when I submit my ILR application in January 2024.

If I am part of redundancy i have to exit the job by end of June and my current employer visa is valid until 2024 July.

Thanks!

[zimba]

The application for ILR under the long residence is about having lawful residence so no issues, assuming your visa remains valid until then

[RSP]

Hi,

Hope you're well.

I am under the impression that I am eligible to apply for ILR in Jan/Feb 2024 through 10 year long route. I was filling out some of the eligibility check calculator available online and getting the below error message based on the dates given in the screenshot.

During the qualifying period of 10 years up until the proposed date of application, 17-Jan-24, the 12 month rolling absences appear to exceed the 180-day threshold on 13-Feb-19 for a total of 40 day(s).

My visa valid date is 14-Feb-2014 and entered UK on 02-Mar-14



Can someone please confirm whether I am eligible to apply for ILR in Jan/Feb 2024 through 10 year long route or not.

Thanks for your help

[CR001]

1. Your qualifying period for long residence ilr starts counting from the date you ENTERED the uk and not your initial visa issue date.

2. There is no "rolling absence" rule for long residence ilr. It is simply no sinlge absence of 180 days or more and no more than 540 days in the whole 10 years from the date you enteted the uk

[RSP]

I am all set then. Many thanks @CR001

[RSP]

Hi,

I am clear on my eligibility date to submit the application. I have a question about my dependents. Forgot to clarify this earlier

Visa approved date for all 3 of us: 14th Feb 2014
My entry to UK :02nd March 2014
Dependents entry to UK : 27th March 2014

I am planning to submit my application for ILR on Feb 02nd 2024. Can my dependent also apply along with me or do they have to wait till March 1st week (2024) as they reached UK only on 27th 2014.

Kindly clarify.

[meself2]

Your qualifying period for long residence ilr starts counting from the date you ENTERED the uk and not your initial visa issue date.

As stated by CR001, your eligibility for this type of ILR starts from arriving in UK. Also, there's no dependant concept for ILR (LR).

They apply when they qualify, not when you qualify.

[RSP]

Hello!! Looking for your help and advice again please . My query is in relation to my above posts hence I haven't created a new thread.

Currently my son and wife are dependants on my tier 2 general visa sponsored by my employer. All of our TIER 2 visa is valid until Dec 2024.

I am eligible to apply for ILR through 10 year long route in February first week and my wife and son are eligible to apply by March first week as my wife and son arrived a month later to UK compared to my entry date to UK in 2014.

I am thinking to go ahead with my application first and then for my wife and son. The main purpose of doing this to mitigate the risk of losing all the application money if any one of our application gets rejected for some reason.

I have some doubts with regards to this

1. How long can my wife and son stay in tier 2 dependent visa after I move to ILR considering my application is success. As a normal procedure will my employer make any changes to Sponsorship after I moves to ILR. If yes, are they legally allowed to be in TIER 2 Dependent Visa until we apply it in March 2024.

2. What will happen if my ILR application gets approved and their applications rejected for some reason?. Are they allowed to stay until their TIER 2 dependent visa expires by Dec 2024 or will there be any impact to their TIER 2 Dependent Visa when I had already moved to ILR

[meself2]

How long can my wife and son stay in tier 2 dependent visa after I move to ILR considering my application is success

Until they expire.

Are they allowed to stay until their TIER 2 dependent visa expires by Dec 2024

Yes.

[RSP]

Thanks meself2.

I have received the below exact message from my employer visa team. I don't understand exactly what does that mean. Can anyone help please.

If their applications were refused for any reason then their Tier 2 dependent visas may be cancelled, however, this would give them 60 days to make a further application under a relevant route to remain in the UK.

[zimba]

Thanks meself2.

I have received the below exact message from my employer visa team. I don't understand exactly what does that mean. Can anyone help please.

If their applications were refused for any reason then their Tier 2 dependent visas may be cancelled, however, this would give them 60 days to make a further application under a relevant route to remain in the UK.

It means if a visa was valid for example 2 years but then such visa had to be curtailed, it would be curtailed to 60 days. This will allow them to make a new visa application if needed. Just note that dependants of the skilled workers who settle under the long residence can remain under the dependant route without any issues and settle after 5 years: ILR clock does NOT reset for skilled worker dependants when the main applicant settles under the long residence

Also, note that their status and visa will not change if you leave your job when you secure ILR

[RSP]

Thanks for the reply Zimba and meself2. Apologies for the late response.

[RSP]

Hi All,

I missed out asking the below questions earlier hence created a new thread.

I am reaching out as I am due to apply for ILR (Indefinite Leave to Remain) based on the 10-year route in February, and my wife and child will be doing the same in March once they become eligible. Currently, I am on a TIER 2 General visa sponsored by my employer, and my family is under the dependent category.

I have decided to proceed with the 10-year route, and I have a couple of queries regarding the application process:

Letter from Employer:

Do I need to submit a letter from my employer as part of the ILR application under the 10-year route?

English Language Requirement:

I have already completed the Life in the UK test and used the NARIC certificate to prove my English knowledge when applying for the TIER 2 General visa. Are these sufficient for the ILR application under the 10-year route?

Regarding my wife's application:

Life in the UK Test:

My wife will be taking the Life in the UK test shortly. In addition to this, she has completed her postgraduate studies at a UK university. Does she need to take any additional tests to prove her English knowledge under the 10-year long route category?

I appreciate your assistance in clarifying these questions and ensuring that we have all the necessary documentation for a smooth ILR application process.

[CR001]

Topics merged. Keep all queations on the same application in one topic.

[zimba]

No employer letter is needed under the 10-year route. You only need your passports over the last 10 years, current BRP, LIUK and English. That is all. Old NARIC is only acceptable if it was obtained under the red route. A UK degree will meet the requirements of the English language

[RSP]

Many thanks Zimba. As usual you all are of great help.

[kepop]

Hi RSP, you had asked about how I managed to get the super priority slot for ILR application. Unfortunately my original post where you had commented is now locked (unsure how). Anyway just messaging here in case you see it. I kept refreshing the webpage from 11:57pm onwards and exactly at 12 midnight the super priority option became available. So I just clicked that and then went straight to payment screen. I didn’t have to try for days, I literally tried on the day I was ready to submit and was lucky to get it. So make sure your application is all ready and finalised, then keep refreshing and wait till midnight to see if it pops up. I would say with the BTS (from end of March onwards) the time would probably be 1AM, rather than midnight. Good luck and hope you manage to find a slot soon!

[zimba]

Hi RSP, you had asked about how I managed to get the super priority slot for ILR application. Unfortunately my original post where you had commented is now locked (unsure how). Anyway just messaging here in case you see it. I kept refreshing the webpage from 11:57pm onwards and exactly at 12 midnight the super priority option became available. So I just clicked that and then went straight to payment screen. I didn’t have to try for days, I literally tried on the day I was ready to submit and was lucky to get it. So make sure your application is all ready and finalised, then keep refreshing and wait till midnight to see if it pops up. I would say with the BTS (from end of March onwards) the time would probably be 1AM, rather than midnight. Good luck and hope you manage to find a slot soon!

Concluded topics may be locked to avoid them from being hijacked or turned into unmanageable generic question threads.
Advice on super priority booking has not changed, they are not widely available and remain scarce. Just because you managed it, does not mean others will.

Online Application - Why there is no Super Priority Service Option ?

[RSP]

Many Thanks Kepop. I managed to get the super priority appointment option when i checked it around 12am.

I have couple of questions

I have been asked to upload "All previous passports, travel documents or national identity cards that you have used to travel to or remain in the UK"hS )

1) Should i upload the passports which has the validity over the last 10 years as part of 10 yrs long route visa or should i upload all the passports i have owned till now dating back from 2000

2) When i upload the passport should i scan each and every page of the passport which is in scope or only the first and last page of the passport.

kindly bear with me on all these questions.

[zimba]

This has been answered many many times. The passport should cover the period of qualifications, so over the last 10 years. Scan passport biometrics page plus all the stamps in the last 10 year

[RSP]

Thanks for the details,

Sorry to be a pain.

The above comment brought one more thing into my attention. Almost 10-9 years back within the qualifying period I had made a weekly travel in business visa to Dublin for business purpose for almost one year and there are stamps in my passport as part of entry clearance in Dublin airport however there is no immigration check or stamping while returning back to UK as there are no border control systems between these two countries.

I haven’t declare about this under travel history section in ILR application as the number of travel was more than 30+ trips and some of them are day travels with no overnight stay and few travels involved 2 night stays.

How do I justify this to the case worker. Will this be a problem. The trip was made when I was with my previous employer and don’t have any contact with them.

Can someone help me with the answer before my appointment in next two days.

[RSP]

Sorry to Pester!

Can someone please help me on this. I have only less than 48 hrs for the biometrics.

If non-declaration of my weekly travel to Dublin 9 years back going to be a problem then i would like to withdraw my application as i have a valid TIER 2 general visa until Dec 2024 (when i would be completing 5 years in TIER 2 general visa)

Kindly note, there is no stamp for my return date from ireland in my passport as there is no border control procedure available for Ireland to UK travel. I absolutely don't have any idea on the return timelines for the travel i did 9 years back. All i could remember was most of them were a day travel and only on few occasions had to do overnight stay.

Also, I have the option to cancel my appointment at the expense of losing my appointment fee but don't know how to withdraw my application. I don't see any option after login to UKVI page.

[zimba]

This is NOT going to be an issue. Do not worry