Long residence (10 years) ILR application

[mabuhanu]

Hi everyone,

I am applying for the ILR on the basis of long residence and have a few questions. I hope you will help me clarify these. Thank you very much in advance.

I am currently working for a higher education institution as a senior lecturer. However, my termination date at this institution is 22 September 2017 since I am going to work for my new employer. I have booked an appointment to apply for the Indefinite Leave to Remain (ILR) using the premium service on 10 October 2017. My questions are:

1. The expiry date of my current Tier 2 visa (as stated on the current visa) is 06 March 2019. I know that my stay will be curtailed as my current employer stops sponsoring me. Is that true that I can legally stay in the UK for 60 days following my termination at the current institution?

2. I want to book an appointment for the ILR using the premium service earlier but for several reasons, especially the slot availability the earliest appointment I can book is on 10 October. Does the fact that my current stay is curtailed due to my termination at the current institution have any impact on my ILR application?

3. I have prepared all the required documents before attending the appointment for the ILR (as stated in the application form). Since I am applying for the ILR on the basis of long residence, do I need to obtain letters from my current and previous employers with details about my annual leaves?

Thank you very much and look forward to hearing from you soon.

[iworker]

1. yes
2. no
3 no

You are good to go. All you need is all previous passports.

[mabuhanu]

Thank you very much for the response.

[mabuhanu]

Dear all,

I am completing my application form (the SET (LR) form) and in Section D3 I need to provide details about all of my absences from the UK over the last 10 years. During my Tier 2 stay (about 5 years) I went back to my home country several times. When going back to my home country, usually in summers, I still kept doing my job from Monday to Friday (preparing teaching materials for the next semester, doing academic research, replying to students’ emails, etc.). Due to the nature of my job, I normally do not need to go to my workplace unless I have teaching and/ or meetings. When providing “Reason for absence”, should I write “Visit family” or “Visit family and work from home” to avoid all further requirements from the case workers? For example they may ask me to provide my previous employers’ records of my absences. These take time and hence may cause a delay in my application. My application is very straightforward and I want to ensure that I can get a decision immediately since my new employer is waiting for me (I was supposed to start working for them from 25 September).

Thank you very much for your advice

[CR001]

'Family visit' is fine.

Set(LR) DOES NOT require employer letters about absence!!

[mabuhanu]

Thank you very much for your quick response.

[mabuhanu]

Dear all,

In the first page of the application form, it is stated that:

“DUTY TO STATE ALL REASONS TO REMAIN IN THE UNITED KINGDOM
All your reasons or grounds for wishing to stay in the United Kingdom must be
stated in this application. This requirement is being given under section 120 of
the Nationality, Immigration and Asylum Act 2002. If you do not tell us now of any
reasons or grounds for remaining in the United Kingdom and you tell us later without
good reason, you will lose any right of appeal you may have otherwise qualified for if
we refuse your claim. You can use the box at the end of section 3.2.”

However, I cannot see such a box at the end of this section (page 22). Also, I am not relying on a period spent in the UK as an EEA national exercising treaty rights or as a family member of an EEA national exercising treaty rights. Do you know where should I state my reasons for wishing to stay in the UK?

Thank you very much.

[CR001]

It is a misprint.

See point D11 on page 14 and D15 on page 15 and E14 on page 20.

Any EEA route questions leave blank.

[mabuhanu]

Thank you very much for your quick reply. So in my case as I have nothing related to EEA, I do not have to do anything with the “DUTY TO STATE ALL REASONS TO REMAIN IN THE UNITED KINGDOM"?

[CR001]

Skip the questions that specifically ask about EEA time spent in the UK, the rest you DO HAVE TO COMPLETE.

[mabuhanu]

Thank you very much for your quick response but I am still a bit confused. At the end of section D11 it is stated that "If you are not relying on a period spent in the UK as an EEA national exercising treaty rights or as a family member of an EEA national exercising treaty rights please go to section E". Does this mean I can go straight to section E or I still need to complete section D15? I understand that this (section D15) is the only space where I can give reasons for wishing to stay in the UK but the guidance is a bit confusing.

[CR001]

Go to section E then.

[mabuhanu]

Thank you.

[mabuhanu]

Dear all,
Thank you very much for your guidance. My ILR application was approved yesterday. Just a quick question. If I have a child next year, the child will be automatically a British citizen and will not need to be registered?

[CR001]

Dear all,
Thank you very much for your guidance. My ILR application was approved yesterday. Just a quick question. If I have a child next year, the child will be automatically a British citizen and will not need to be registered?

Congrats, great news.

If the child is born in the UK,the child will be automatically British and can apply for a passport directly.

If the child is born abroad, then the child is NOT British at all and will need a visa.

[mabuhanu]

Thank CR001 very much for your quick guidance.

[ILR-2017]

Congrats, a quick question: did you use the application form version 04/2017 for you 10th October appointment? As the home office just update a new version in October and it states that this form is a specified form for the purpose of the Immigration Rules as of 5 October 2017 and must be
used for all applications made on or after that date for the purposes stated on this
page.. But from the sections and pages of the application form you have mentioned above seems not state as same as on the new form.

[CR001]

Congrats, a quick question: did you use the application form version 04/2017 for you 10th October appointment? As the home office just update a new version in October and it states that this form is a specified form for the purpose of the Immigration Rules as of 5 October 2017 and must be
used for all applications made on or after that date for the purposes stated on this
page.. But from the sections and pages of the application form you have mentioned above seems not state as same as on the new form.

there is usually a 28 day grace period for using old version forms.

[ILR-2017]

Congrats, a quick question: did you use the application form version 04/2017 for you 10th October appointment? As the home office just update a new version in October and it states that this form is a specified form for the purpose of the Immigration Rules as of 5 October 2017 and must be
used for all applications made on or after that date for the purposes stated on this
page.. But from the sections and pages of the application form you have mentioned above seems not state as same as on the new form.

there is usually a 28 day grace period for using old version forms.

Thank you CR001, as my appointment is on 27th Oct so it brought me this question. I am using the new form just avoid any risk