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

[Rud]

Thanks Vinny , but I don’t want to vary the t2 visa appln as my dependants will need this visa until my set lr is decided , so should I wait until I get t2 extn brp card for me and my dependants and then apply for set lr? If i do this I may need wait another month beyond my actual eligible date for set lr submission , in order to save time on my set lr can I file set lr after completing biometric for t2 visa and let t2 visa and come first and after couple of months my ilr arrives , will it work this way ?

[vinny]

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

If your employer is continuing to sponsor you now, then there's no hurry?

[Rud]

Thanks Vinny still in discussion on my extn is not yet finalised , In case if I manage to get the extn better to wait until the new brp card and then Will apply for set lr .. hope it doesn’t take long for work visa brp to arrive thanks vinny

[Rud]

Hello Vinny,

Is my below understanding correct in relation to child eligibility for ILR

Main applicant obtained ILR via set (O)
——————————-
Period spend as pbs dependant count towards settlement on 5 years (allowed to apply separately In SET F).

Child can apply for set f if one parent has obtained ilr via set o and other parent wants stay as partner only(other parent visa doesn’t matter or not stop child obtaining settlement via set F completing 5 years as pbs dependant )


Main applicant obtained ILR via set(LR)
——————————————
Child applicant can’t be included in main applicant settlement in set lr.

Though chid has spend 7 years in Uk as pbs dependant (under tier ict) still can’t obtain ILR.

Time spend as pbs child in Uk can only be counted towards 10 years long settlement

[vinny]

SET(F) may fail unless both parents have ILR.

[Rud]

Thanks Vinny , so set o or set lr for main applicant make no difference on set f application.
Have you seen any cases previously discussed in this forum on set f , where both parent live in Uk and one settled and other parent still on dependant visa and child born abroad got settlement after 5 years before the second parent is eligible for ilr ?
Is there any previously succeeded cases to refer ?

[Rud]

For ILR applications based on long residence , has home office changed any rules related to the Uk Naric certificate as an evidence for English language ? I’ve just read there is change in rules in accepting UK Naric as an evidence published on 6th April 2021, I’ve obtained a NARIC certificate in 2016 in UK based on my post graduation degree studied abroad , can I use this 2016 UK Naric certificate as an evidence in my long term settlement ILR? Do I need complete a SELT exam or have to get any other certificate for my English language requirement for ilr ?

[sham_neel]

I filled the SET(LR) application after 6th April 2021 and the checklist mentioned "NARIC letter that confirms the qualification meets or exceeds the recognised standard of a Bachelor's or Masters degree or PhD in the UK"

Kindly share a link that explains a change in NARIC.

[Rud]

Hello , yes I’m also planning to submit the Uk NARIC certificate, try google NARIc changes and you will find the recent changes in NARIC certification since Uk left EU.

Hello Vinny , CR001 , Zimba

pls advise on my above query . Can I submit NARIC Uk certificate obtained in 2016 as a language evidence for set lr application ?

[vinny]

Subject to 2.2

iii) the applicant has obtained an academic qualification (not a professional or vocational qualification) which either:

• (1) is a UK Bachelor’s degree, Master’s degree or PhD; or
• (2) is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the UK; the USA; Malta; and provides the specified documents;

or

iv) the applicant has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and

• (1) provides the specified documentary evidence to show he has the qualification, and
• (2) UK NARIC has confirmed that the qualification was taught or researched in English; or

[Rud]

Hi Vinny ,

Can you pls guide me on the process to request SAR to request my 10 year immigration history data from home office ?
I think this data is required to be submitted for home office for long residence settlement application.

Thanks

[zimba]

Hi Vinny ,

Can you pls guide me on the process to request SAR to request my 10 year immigration history data from home office ?
I think this data is required to be submitted for home office for long residence settlement application.

Thanks

There is no need to submit SAR data for your application. Where did you hear that ?!!
SAR request here: https://www.gov.uk/government/publicati ... mmigration

[Rud]

As per Uk home guidelines the SAR is not mandatory but found in lot of places in solicitors recommended documentation for long residence settlement.

The sar request website you have shared is providing immigration data for 5 years backwards from the date of sar request made but if we need it for 10 years what option we do have ?

[CR001]

Why do you believe you need to submit a SAR, issued by UKVI for your data held, for a SET LR application to ukvi, who holds your data???

You are overthinking and solicitors are wrong.

[zimba]

As per Uk home guidelines the SAR is not mandatory but found in lot of places in solicitors recommended documentation for long residence settlement.

The sar request website you have shared is providing immigration data for 5 years backwards from the date of sar request made but if we need it for 10 years what option we do have ?

I very much doubt any solicitor with a functioning head ever suggest such a thing.
You do not go and request the data file from UKVI then send it back to them

[Rud]

Hello ,

I have just noticed few entry/exit dates are partially faded and not readable in passport, since those dates are stamped 10 years before whether home office will have this old data in their system or do i need to mention these faded dates (with page number in passport) in a separate letter and enclose the relevant travel ticket as an evidence for those faded dates ?
Please advise

[zimba]

You are not required to provide any evidence

[Rud]

Thank you Zimba

[Rud]

Hi ,

When exactly the home office will start to process the application,

Will they start once the application is submitted , documents are uploaded , biometric is booked .i.e. decision is made in advance of biometric appointment but conveyed to applicant after biometrics ?

I’m asking this question because for super priority service , Will they do any pre-assessment prior to biometrics? Im waiting for few docs from employer and will upload it on different dates prior to biometrics .

[zimba]

Your application will be sent for processing only after the submission of biometrics.

[Rud]

Thank you very much Zimba

[Rud]

Hi , please advise
Should dependants apply for flr m at the same time of main applicant’s set lr or whether pbs dependants allowed to continue as pbs dependant as long as their visa is valid irrespective of main applicant status changes to ilr, if main applicant obtains ilr does that revoke pbs dependant visas ? or is there any specific period like before 28 days or 60 days prior to their current visa expires or once main applicant obtains ilr , the pbs dependant visa holders need to switch to flr m ?

[vinny]

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

[zimba]

indefinite-leave-to-remain/long-term-re ... l#p2001213

[Rud]

Thankyou Vinny and Zimba, it’s clear from shared thread that the dependants visa will not invalidated when pbs worker obtain ilr, the dependants should switch to flr m before the current leave as pbs dependant finishes..

My dependants first pbs dependant visa started at April 2010 , I understand there are some changes after April 2014 that restricts dependants getting ilr under 2 year period once moved to flr m category.
The pbs dependants moved to Uk before 2014 Do they have right to apply under previous route .I.e. 2 year period rule ?