Employment Letter Requirements for ILS Set (O) form

[aspirant910]

So what are my options ? I am really confused on next steps .
Shall i cancel the current application and again apply just for main applicant ( my spouse ) and once her ILR is approved then i file application for ILR dependent before my current BRP expiry i.e 27 August and try to book biometric appointment for 1st week of October as i should be eligible on 1st of October considering 5 years - 28 days ( 29/10/2019 - 27/08/02024 -28 days) ?
or shall we both file the application before 27th August and try to get an biometric appointment of 1st week of october.

I am not sure if UKVAS will offer appointments till that date i.e first week of October and how many time can i reschedule that ?
@ZIMBA @CR001 @AmazonianX any suggestions please.

[zimba]

So what are my options ? I am really confused on next steps .
Shall i cancel the current application and again apply just for main applicant ( my spouse ) and once her ILR is approved then i file application for ILR dependent before my current BRP expiry i.e 27 August and try to book biometric appointment for 1st week of October as i should be eligible on 1st of October considering 5 years - 28 days ( 29/10/2019 - 27/08/02024 -28 days) ?
or shall we both file the application before 27th August and try to get an biometric appointment of 1st week of october.

I am not sure if UKVAS will offer appointments till that date i.e first week of October and how many time can i reschedule that ?
@ZIMBA @CR001 @AmazonianX any suggestions please.

Under skilled worker rules, the dependant will be eligible within 28 days of completing the 5 years under any combination of dependant or family route. You can only delay the biometrics for up to 45 working days

[aspirant910]

So what are my options ? I am really confused on next steps .
Shall i cancel the current application and again apply just for main applicant ( my spouse ) and once her ILR is approved then i file application for ILR dependent before my current BRP expiry i.e 27 August and try to book biometric appointment for 1st week of October as i should be eligible on 1st of October considering 5 years - 28 days ( 29/10/2019 - 27/08/02024 -28 days) ?
or shall we both file the application before 27th August and try to get an biometric appointment of 1st week of october.

I am not sure if UKVAS will offer appointments till that date i.e first week of October and how many time can i reschedule that ?
@ZIMBA @CR001 @AmazonianX any suggestions please.

Under skilled worker rules, the dependant will be eligible within 28 days of completing the 5 years under any combination of dependant or family route. You can only delay the biometrics for up to 45 working days

Thanks Zimba. As i was on ICT main applicant visa before switching to Skilled worker dependent on 29/10/2019 therefore, i believe i don't fall under dependent or family route till 29/10/2019 . Is that correct understanding ?
If my spouse apply for ILR and gets before expiry of my BRP date 27 August , can i apply for ILR separately or I need to go for Skilled worker dependent visa ? I want to avoid route to skilled worker dependent visa

[zimba]

Correct. The time spent as a main applicant will not count. I am unsure why you did not ask about this, before rushing to apply.
As long as you can delay your biometrics until October, then an extension is not needed. So I suggest applying separately later on.

[aspirant910]

Correct. The time spent as a main applicant will not count. I am unsure why you did not ask about this, before rushing to apply.
As long as you can delay your biometrics until October, then an extension is not needed. So I suggest applying separately later on.

Sorry , I didn't realise and overlooked my dependent visa start date and will cancel the application now.

How should we apply now ? When you say apply separately , shall i apply using set (M) form once my spouse ILR visa is approved ? is there any complexity if we apply together just before using Set (O) form 27th ?

1. Apply for the main applicant (my spouse) and, once her ILR is approved via priority service before 27th August, then I file the application for ILR dependent (Set M form) before my current BRP expiry on 27th August. Are there any complications, and what do I need to show in the dependent ILR form? Or can I still file the Set(O) form? Please advise.

2. We both apply before 27th August Set (O) form and try to get the biometric appointment for the first week of October.

[aspirant910]

I am unable to find a link to cancel the application form online now How can i cancel it now ?

[aspirant910]

Getting panic now. I have cancelled the Biometric appointment but to cancel the application it seems below is the online form which needs to be submitted. How long it takes to home office to cancel the application ?
I believe i can not submit new application till the current one is cancelled ? what happens if i receive the cancellation after 27 i.e which is expiry of the current BRP.

https://eforms.homeoffice.gov.uk/outrea ... ments.ofml

[aspirant910]

Any suggestions please ? The current application which i submitted is for me and main applicant set(o) form.

[zimba]

Correct. The time spent as a main applicant will not count. I am unsure why you did not ask about this, before rushing to apply.
As long as you can delay your biometrics until October, then an extension is not needed. So I suggest applying separately later on.

Sorry , I didn't realise and overlooked my dependent visa start date and will cancel the application now.

How should we apply now ? When you say apply separately , shall i apply using set (M) form once my spouse ILR visa is approved ? is there any complexity if we apply together just before using Set (O) form 27th ?

1. Apply for the main applicant (my spouse) and, once her ILR is approved via priority service before 27th August, then I file the application for ILR dependent (Set M form) before my current BRP expiry on 27th August. Are there any complications, and what do I need to show in the dependent ILR form? Or can I still file the Set(O) form? Please advise.

2. We both apply before 27th August Set (O) form and try to get the biometric appointment for the first week of October.

You need to really slow down, you seem to be rushing everything and making assumptions.
Form SET(M) should NEVER be used in your case. You are NOT under the family route so that form is NOT appropriate at all. There is no complication if you choose to apply together using SET(O) later when you can aim to delay biometrics for 45 days.
To withdraw the application, simply fill out the form. The success of this withdrawal is not really important at all. Any new application automatically varies the previous one and the old one will be rendered withdrawn and later refunded.

[aspirant910]

Many thanks Zimba . That's a relief and you are a savior. I did spoke to an immigration lawyer and surprising he didn't know about 45 day rule, i have always trusted this forum and will keep relying on it .

We are planning to apply separate and my spouse wants to apply sooner.

Can my spouse apply for her ILR application on priority and get her decision before the 20th, and then I apply for mine later? Will her status changing from Skilled Worker to ILR before I file my application have any impact on my application?

Alternatively, can we both apply separately with her applying now and me applying closer to the end of my expiry on the 27th?

Will any decision on her application impact my application at any stage?

[aspirant910]

Another query on withdrawn/Varying . How will be original date of application will be calculated in my case if i apply separately. I hope this will not affect me as i will be withdrawing the application instead of varying.
As if the old date is considered then i may not be eligible for ILR. Not sure i am understanding this all correct and even its applicable to me ?

Date of application: application to vary

Where an application is varied, the application date remains the date of the original application

.

https://www.gov.uk/government/publicati ... bookmark46

[zimba]

Changing her status to ILR does not affect you at all. Please stop worrying.
Also, there is no 45-day rule. This is part of the UKVI procedures and is covered in the official guide.

Individuals who make in-country applications must, in most circumstances, book an
appointment to enrol their biometric information within a specified period unless an
exemption or exception applies or they have used the UK Immigration: ID Check
app. Individuals will be informed to:

• make an appointment at a Service and Support Centre (SSC) within 15 working days
• make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) location within 45 working days

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

Just withdraw as explained and ignore the whole variation discussion. I only mentioned it so you stop catastrophising.
The date of original application has NO effect on ILR qualifying period calculation: Applicants can benefit from the date of the ILR decision

[aspirant910]

Thanks a lot. I am trying to withdraw the application for my spouse and me.
Below form is for getting documents back ? Is this the correct link ?
https://eforms.homeoffice.gov.uk/outrea ... ments.ofml

[zimba]

Yes, it is the same form. What you highlighted does not apply to you as you have valid leave

[AmazonianX]

Thanks a lot. I am trying to withdraw the application for my spouse and me.
Below form is for getting documents back ? Is this the correct link ? Yes it is.
https://eforms.homeoffice.gov.uk/outrea ... ments.ofml

[aspirant910]

Thanks. Would appreciate if below can be answered.

1. I have not received any email notifications regarding the request to withdraw my previous application. We are both planning to file a new application separately in next couple of days . I hope that’s not a problem, or do we need to wait for confirmation of the withdrawal?

2. In the form, for the question below:

"Do you currently have an application with the Home Office for leave to remain for which you have not yet received a decision?"
I need to answer "YES" and provide the reference number for the application for which i have requested to withdraw , I only have the payment reference number. Is that okay to provide? Also, I believe the dependent i.e me also needs to mention the same in my separate application as I was part of the main applicant's previous application.

3. Once I submit the new application, my leave will expire on the 27th, and my employer will use the ECS service since I will not be attending bio-metrics until the 1st week of October. Will that cause any issues as I will only have the payment reference to provide them? I assume my request to withdraw the previous application will also not cause any problem.

4. There is another question in the form at a later stage:

"Do you have any Home Office reference numbers? (Required) 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.'"

Should I provide the reference for the last successful application or the one which I recently submitted and have requested to withdraw? What should be the answer to this question?

5. "When did you first enter the UK? This is the date you entered the UK when the period of stay you are basing this application on started" . I believe this is the BRP start date, when the Tier 2 visa was issued, correct?

Under the Dependent ILR application Set (O) form:

6. "Choose the route that xxx has applied for or been granted, even if their application is still being processed. Do you have one of these reference numbers for xxx?" As my spouse is in process of submitting the application, I will only have the payment reference number until she attends the biometrics. Is it okay to provide only payment reference ?

7. "Additional countries you have lived in" I am citizen of India and Born there, what should be exit date ? I also visited the Middle East on small employment based frequent trips between 2011-2012. Should I mention all entry and exit dates, or just the duration and include a note?

[zimba]

1. No confirmation will be sent. There is no issue as this has been repeated several times now.
2. You will need to provide the UAN number, not the payment reference
3. You will need to provide the UAN number, not the payment reference
4. You do not need to enter a reference number
5. The date you initially entered the UK. Not the visa issue date. This question is not really important
6. You will need to provide the UAN number, not the payment reference
7. It is aksing about countries you have lived in, not the ones you visited. You do NOT need to enter any details

[aspirant910]

1. No confirmation will be sent. There is no issue as this has been repeated several times now.
2. You will need to provide the UAN number, not the payment reference
3. You will need to provide the UAN number, not the payment reference
4. You do not need to enter a reference number
5. The date you initially entered the UK. Not the visa issue date. This question is not really important
6. You will need to provide the UAN number, not the payment reference
7. It is aksing about countries you have lived in, not the ones you visited. You do NOT need to enter any details

Thanks. For dependent ILR application, I was self-employed until October 2023 via my own limited company and am now employed under PAYE for my ILR dependent visa. My corporation tax is due in January 2025, and my self-assessment is due in March 2025. Would it be better to file these now before submitting my visa application, or should I obtain a letter from my accountant? Since I am not the main applicant, I don't believe this is necessary, but I just wants to mention and check on the forum

[zimba]

Dependant ILR has nothing to do with your employment. You are overthinking this whole process and questioning every detail, rather than just focusing on the requirements.

[aspirant910]

I am little cautious as made basic mistake in first application. The ECS check what is criteria for positive verification by employer ? Will not attending biometric during the check will impact the overall ECS process ?

[zimba]

I am little cautious as made basic mistake in first application. The ECS check what is criteria for positive verification by employer ? Will not attending biometric during the check will impact the overall ECS process ?

I already shared a link with you on what lawful residence means and how Section 3C works to extend lawful residence. ECS checks the employee's lawful residence status. This has no relevance to the biometrics appointment at all, as long as the in-time application is pending

[aspirant910]

Thanks. My spouse completed the biometric process today, and I will update on the outcome.

I also want to submit a new application as a dependent for ILR so that my employer can perform an ECS check and i can continue my employment before expiry of my current leave i.e 27th . I believe I need to submit the SET(O) form and select the category: Skilled Worker, Tier 2, or International Sportsperson dependant and relation as Partner.
Now, the main difference in the required documents compared to the application where I was added as a partner with the main applicant is as follows:

Required Documents as per the checklist (to be submitted separately):
1. A declaration signed by Mrs. [Name] to confirm consent for the Home Office to request verification checks.
2. A consent form for the Home Office to request verification checks on Mrs. [Name] for joint accounts or third-party support.
3.All previous passports, travel documents, or national identity cards that you have used to travel to or remain in the UK.
4.Current Biometric Residence Permit for Mr. [Name].
5. Evidence of Mr. [Name]'s immigration status in the UK.

There is no mention of the following, which was part of the checklist when I submitted the earlier form with the main applicant:
Please provide documentary evidence of cohabitation since you were last granted leave (up to a maximum of two years). Evidence provided should cover the whole period and be in the form of official letters or documents, addressed to yourself and your spouse.

I am sure I need to submit the SET(O) form, but why is there such a difference? I just want to make sure I am submitting the correct form.

Please advise.

[zimba]

Main applicants do NOT need to submit any cohabitation evidence. Cohabitation evidence is needed for the dependants only. The immigration rules covering the requirements for ILR for the main and dependants are NOT the same

See: All you need to know about cohabitation evidence

[aspirant910]

Thanks very much Zimba for clarification. Today, I have submitted and paid for ILR dependent Set (O) form as well.
My employer is requesting a ECS check with my application UAN number and asked which option they should select in below options. I believe it should be first option i.e an ongoing application or appeal for leave to remain in the UK. . Please confirm.

[zimba]

It is the first option. They will be asked for your UAN