ILR doubts 5year tier 2 general route

[reonred]

Hi Gurus,

I am working in northern Ireland on Tier 2 general visa from 18.12.2024. I think I am going to apply for SET (O) ILR application. I have few queries which I have listed after my details. Could you please check and let me know your inputs and advice.

UK arrival date: 15.12.2019 through Dublin to northern Ireland, I don't have immigration stamp or bus tickets as I travelled through car. I have a mail from regarding my hotel reservation that starts from 16.12.2024

Work start date: 18.12.2019 (I can get a letter from the employer, I have joined an organisation and I have been TUPE'd to another organisation in 2022, Hope the current employer will give me a start date of 18.12.2019 instead of 2022 date). Do I need to write anything in my cover letter stating that I have been TUPE'd and my employer has been changed? Please suggest.

Visa Vignette date: 04/12/2019
BRP issue date: 20/12/2019
BRP end date: 31/12/2024

If I take Visa vignette date 04/12/2024 as my start of continuous 5 year period then my absence details will be like this. (I am adding 14 days to 1st year absences as my work start date is 18.12.2024 which is after 14 days from visa vignette date)

Absence details
Year start Year end Mine Wife Son1 Son2 (Was born in 2022 in UK)
04/12/2019 03/12/2020 14 146 146 0
04/12/2020 03/12/2021 0 0 0 0
04/12/2021 03/12/2022 57 81 81 81
04/12/2022 03/12/2023 19 19 19 19
04/12/2023 03/12/2024 0 0 0 0

Travel details:
My absences:
Departure Date Arrival Date Number days Absent
15/04/2022 25/05/2022 40
01/07/2022 18/07/2022 17
18/10/2023 06/11/2023 19

Wife's absences
Departure Date Arrival Date Number days Absent
09/03/2020 19/07/2020 132
22/03/2022 25/05/2022 64
01/07/2022 18/07/2022 17
18/10/2023 06/11/2023 19

Elder son's absences
Departure Date Arrival Date Number days Absent
09/03/2020 19/07/2020 132
22/03/2022 25/05/2022 64
01/07/2022 18/07/2022 17
18/10/2023 06/11/2023 19

Younger one's absences
Departure Date Arrival Date Number days Absent
22/03/2022 25/05/2022 64
01/07/2022 18/07/2022 17
18/10/2023 06/11/2023 19

Could you please suggest me the the date when I can apply (application submission date and payment date) for the ILR (Can I take visa vignette date as my start date or the work start date).

And also could you please check if my family absences are in allowable absence. Do I need to provide any explanation in the cover letter for their long absences. Please suggest.

Do I need to get any letter from employer to state that my absences (annual leave) are approved leaves.
Finally please share the list of documents I would need to support my ILR application.


Thanks.

[zimba]

The qualifying period starts from the very first visa approval. However, you should assume a date of ILR decision and count the (5 years - 28 days) backwards. The date of application is not critical.
Read: Applicants can benefit from the date of the ILR decision

For the absences, the 180-day rolling absence limit applies to you and your spouse. No explanations are needed for the absences.

Children do NOT have any residence or absence requirements and will settle with the parents. However, in your other post I advised you that they do not need ILR as they will be entitled to register for British citizenship directly after you get ILR.

You need an employer letter plus your latest salary payslip and bank statement.
Read: All you need to know about the sponsor letter for Skilled Worker route

Your spouse also needs to provide cohabitation evidence.
Read: All you need to know about cohabitation evidence

[reonred]

Thanks Gur for your advice and links. I will follow the posts for more details.

[reonred]

Hi Guru,

If I fill the application (Super priority route by paying 1000 GBP) and submit it by October 20th and if I book Biometric appointment around November 10th 2024. Will I be eligible for ILR based on the my dates.
Just wondering around what date I should book the biometric appointment (as application submission date is not relevant).

Thanks.

[zimba]

The earliest date of eligibility is (04/12/2019 + 5 years - 28 days)

[reonred]

Thanks Guru, I have another doubt, my kids BRP is expiring on 31.12.2024, if their British registration takes more time, then do they need to have valid visa during decision of British registration?
Example:
If I I get my ILR by November end and if I apply to register my son's through MN1 form before 31.12.2024, i.e. first week of December will that be ok? Or does that make them overstayed if the registration process goes beyond that brp expiry date? Please advise.

[Ticktack]

Thanks Guru, I have another doubt, my kids BRP is expiring on 31.12.2024 All BRP's are expiring on this date. That doesn't mean permission to stay in the UK expires with it., if their British registration takes more time, then do they need to have valid visa during decision of British registration? Kids born in the UK don't need any sort of valid immigration document to apply for registration.
Example:
If I I get my ILR by November end and if I apply to register my son's through MN1 form before 31.12.2024, i.e. first week of December will that be ok? YesOr does that make them overstayed if the registration process goes beyond that brp expiry date? Please advise.

[zimba]

Thanks Guru, I have another doubt, my kids BRP is expiring on 31.12.2024, if their British registration takes more time, then do they need to have valid visa during decision of British registration?
Example:
If I I get my ILR by November end and if I apply to register my son's through MN1 form before 31.12.2024, i.e. first week of December will that be ok? Or does that make them overstayed if the registration process goes beyond that brp expiry date? Please advise.

Their entitlement to register has nothing to do with their immigration status. Their visa status is irrelevant

[reonred]

Thanks for confirming Gurus. Apologies for more queries.
I have started my job in UK with a company in December 2019 and I have been transferred to another company through TUPE (Transfer of Undertakings and Protection of Employment) in feb 2022.
I have only one document (transfer of employment) from my previous company confirming transfer of my employment.
Do i need to submit any other documents to support the transfer? I thought my current payslips should be enough, please confirm.

Thanks

[zimba]

Thanks for confirming Gurus. Apologies for more queries.
I have started my job in UK with a company in December 2019 and I have been transferred to another company through TUPE (Transfer of Undertakings and Protection of Employment) in feb 2022.
I have only one document (transfer of employment) from my previous company confirming transfer of my employment.
Do i need to submit any other documents to support the transfer? I thought my current payslips should be enough, please confirm.

Thanks

No. You do not need to do anything

[reonred]

Thanks Guru