Tier 2 General leading to ILR rules

[kumar84]

All,

My wife and I(Main applicant) entered the UK on 07 June 2015 on Tier 2 General. My wife will be going to India in Jan-2018 for delivery and plan to return in Aug-2018.

As per the new rules for PBS depended can be outside the UK for maximum of 180 days in a year.

Assuming she applies for ILR in June-2020 and calculating continuous period.

Year 1 07-Jun-15 to 06-Jun-16 : Outside UK less than 75 days
Year 2 07-Jun-16 to 06-Jun-17 : Outside UK 140 days
Year 3 07-Jun-17 to 06-Jun-18 : Outside UK 140 days

Note: 140 days each in Year 2 and Year 3 are continuous . i.e Jan-2018 to Aug-2018

1. Does the above scenario break the continuous period?
2. Will the child born outside UK elgible for ILR when I (Main applicant) apply for ILR in June-2020?
3. As a non-UK Citizen parent only First generation is elgible for UK Citizenship?

Thanks in advance!

[makky86]

My wife and I(Main applicant) entered the UK on 07 June 2015 on Tier 2 General. My wife will be going to India in Jan-2018 for delivery and plan to return in Aug-2018.

As per the new rules for PBS depended can be outside the UK for maximum of 180 days in a year.

As per my undersstanding hte new rule will apply for the leave to remain granted post 11th Jan 2018. If you have had issues before you'l NOT subject to 180 days rule **Dependant only**
Assuming she applies for ILR in June-2020 and calculating continuous period.

Year 1 07-Jun-15 to 06-Jun-16 : Outside UK less than 75 days
Year 2 07-Jun-16 to 06-Jun-17 : Outside UK 140 days
Year 3 07-Jun-17 to 06-Jun-18 : Outside UK 140 days

Note: 140 days each in Year 2 and Year 3 are continuous . i.e Jan-2018 to Aug-2018

1. Does the above scenario break the continuous period?

Is this your wife was outside the UK or you were as well?

2. Will the child born outside UK elgible for ILR when I (Main applicant) apply for ILR in June-2020?

No. Your child will need pbs dependant visa. your child can apply for ILR same time as you appl in 2010

3. As a non-UK Citizen parent only First generation is elgible for UK Citizenship?

Neither of you are UK citizen so your child cannot apply for UK citizenship until you get ILR and apply for naturalization.

But if child is born in the UK then once you get ILR in 2010 then child will not require ILR can obtain UK citizenship directly via MN1 route

[kumar84]

@makky86 - Thanks for your prompt reply.

If I have understood you correctly
"As per my undersstanding hte new rule will apply for the leave to remain granted post 11th Jan 2018. If you have had issues before you'l NOT subject to 180 days rule **Dependant only** "

Do you mean for Tier 2 General Dependent if Leave to Remain is granted in 2017 ( valid till 2020) the 180 day rule is not applicable to them? Can you kindly point me to section in gov.uk site please?

"Is this your wife was outside the UK or you were as well? "
It will be my wife. I will be outside the UK but not more than 30 days

Thanks in advance !

[makky86]

If I have understood you correctly
"As per my undersstanding hte new rule will apply for the leave to remain granted post 11th Jan 2018. If you have had issues before you'l NOT subject to 180 days rule **Dependant only** "

Do you mean for Tier 2 General Dependent if Leave to Remain is granted in 2017 ( valid till 2020) the 180 day rule is not applicable to them? Can you kindly point me to section in gov.uk site please?

https://www.gov.uk/government/publicati ... ember-2017

"Is this your wife was outside the UK or you were as well? "
It will be my wife. I will be outside the UK but not more than 30 days

OK just to let you know you'll need letter from employer confirming all the absesnses were fully paid when applying for ILR

[kumar84]

Thanks once again @makky86

As per the new rules Year 1 & 2 will have no issues.

Year 3 and Year 4 absence will be continues meaning 297 days in total between 11-Jan-2018 to Sep-2018
However split as 147 days for Year 3 and 150 days for Year 4

Year 1 07-Jun-15 to 06-Jun-16 : Outside UK less than 75 days(**** NO ISSUE ****)
Year 2 07-Jun-16 to 06-Jun-17 : Outside UK 140 days (**** NO ISSUE ****)

Year 3 07-Jun-17 to 06-Jun-18 : Outside UK 147 days starting from 11-Jan-2018)
Year 4 07-Jun-18 to 06-Jun-19 : Outside UK 180 days ( 150 days + 25 days)

Letter from Employer:

I have changed my employer recently and if I get the letter dated Dec-2017 will it still be accepted.
Is there any format for this letter and to whom should it to be addressed?

[makky86]

I have changed my employer recently and if I get the letter dated Dec-2017 will it still be accepted.
Is there any format for this letter and to whom should it to be addressed?

Yes , its recommended by Home office that when you leave employer you should get absense letter from them as in future might be difficult.

for format
indefinite-leave-to-remain/employer-let ... 67381.html

[kumar84]

[quote=kumar84 post_id=1576918 time=1514144405 user_id=185632]
Thanks once again @makky86

Can you kindly clarify

Year 3 and Year 4 absence will be continues meaning 297 days in total between 11-Jan-2018 to Sep-2018
However split as 147 days for Year 3 and 150 days for Year 4


Year 3 07-Jun-17 to 06-Jun-18 : Outside UK 147 days starting from 11-Jan-2018)
Year 4 07-Jun-18 to 06-Jun-19 : Outside UK 180 days ( 150 days + 25 days)

Does the above scenario affect continuity?

[kumar84]

Dear makky86,

Apologies, to ask repeat this, however I am still unclear from the reply so re-posting -


Year 3 07-Jun-17 to 06-Jun-18 : Outside UK 147 days starting from 11-Jan-2018)
Year 4 07-Jun-18 to 06-Jun-19 : Outside UK 180 days ( 150 days + 25 days)


1. Does the above scenario break the continuous period?

2. Also what does 12-month rolling in the statement? As per the new rule - The 180 days’ absence from the UK will now be calculated on a 12-month rolling basis (under the current rules absences are calculated in 12-month periods counting back from the date of the ILR application).

[makky86]

Apologies, to ask repeat this, however I am still unclear from the reply so re-posting -


Year 3 07-Jun-17 to 06-Jun-18 : Outside UK 147 days starting from 11-Jan-2018)
Year 4 07-Jun-18 to 06-Jun-19 : Outside UK 180 days ( 150 days + 25 days)

1. Does the above scenario break the continuous period?

No per my undersanding since it would be less than 180. Why cannot you reduce the number of days, lets say from 150 to 120?

2. Also what does 12-month rolling in the statement? As per the new rule - The 180 days’ absence from the UK will now be calculated on a 12-month rolling basis (under the current rules absences are calculated in 12-month periods counting back from the date of the ILR application).

[/quote]

I am not aware of this . Where did you read this?

[CR001]

2. Also what does 12-month rolling in the statement? As per the new rule - The 180 days’ absence from the UK will now be calculated on a 12-month rolling basis (under the current rules absences are calculated in 12-month periods counting back from the date of the ILR application).

It is the same thing!!

[kumar84]

Apologies, to ask repeat this, however I am still unclear from the reply so re-posting -


Year 3 07-Jun-17 to 06-Jun-18 : Outside UK 147 days starting from 11-Jan-2018)
Year 4 07-Jun-18 to 06-Jun-19 : Outside UK 180 days ( 150 days + 25 days)

1. Does the above scenario break the continuous period?

No per my undersanding since it would be less than 180. Why cannot you reduce the number of days, lets say from 150 to 120?

2. Also what does 12-month rolling in the statement? As per the new rule - The 180 days’ absence from the UK will now be calculated on a 12-month rolling basis (under the current rules absences are calculated in 12-month periods counting back from the date of the ILR application).

I am not aware of this . Where did you read this?
[/quote]

Dear @makky86 - I read it
third party weblink removed by moderator

[kumar84]

Dear Members,

I (Tier2 General - main applicant), my spouse and child will be applying for ILR in 2020.

Our date of arrival to the UK - June-2015

My Spouse on PBS Dependent Visa(Valid till Jan-2021) is currently at home country and planned to return by Feb-2018, however due to unavoidable circumstances she will not be able to make it till late this year ( not sure on exact date yet as it will depend on situation)

She will be back to the UK with our child born in home country.

Can you kindly help me understand -

1. I see in SET(0)
Section 7 - Personal history > 7.13. How long have you lived in the UK?

If this is less than 5 years(say 4 years) will this be a problem. As she is will be away for the UK for almost 6-7 months ( + absence during previous years)

2. ILR cohabitation documents: The documents to submit is for last 2 years. I will be applying for ILR in June 2020,

so the last two years documents will be starting

Year1: June 2018 - May 2019

In worst case scenario assume she will be not be in before December 2018, what documents can I provide for year 1 -

i) Watsapp call/message screenshot?
ii) Funds transfer to home country bank account.
a. Should this be a transfer from my UK based back account
b. Should her bank account name match to her current name in passport/visa?

iii) I will be visiting home country couple of times to meet her - (Air Ticket and Photos)

iv) Even though she is outside the UK, we have Joint Account statement, can I use this (asking as she will not be in the UK for majority of the time) as cohabitation document.

v) Birth certificate of our child born in home country later this year.


Year2: June 2019 - June 2020

i)Joint Bank Account statment covering June 2019 to June 2020. Will this suffice, or should I proivde statement from other sources as well?

ii)If I change my employer or my employer merged/bought by other company my visa will be transferred to the new employer.
Can my Spouse be on the same Visa as she is current or will she will need to apply for a new VISA. I ask this because this will impact her ILR as she will be dealth with new PBS dependent 180-day rule .

4. Child Visa:

I will be applying for Tier 2 Dependent Visa for our child mid-year from home country. Will the child Visa validity be same as mine, currently i.e, Jan 2021.

i) When applying, Is there any specific requirement for me to show on accomodation (like size of the room etc)

ii) When I apply for ILR along with my spouse should I have to apply for the child ILR as well or can directly apply for Citizenship or is there any thing best I can do?


5. Maintenance Fund:

Should I show maintenance fund for my spouse and/or child

6. Main Applicant:

i) Set (o) form, Section 5 - Your home and finances > 5.1 Is your home in the UK:

I am currently renting but planning to move to shared accommodation shortly as I am alone for next couple of months, will this be a problem?

Should I show that I pay for the rent through Bank transfer or should I have any rental agreement?


ii) When I initially applied for my Tier 2 and Extension, for Knowledge of Language I used
"English language requirement you are claiming points for Degree taught in English "

Can I use option below option when applying for ILR -
the qualification was taught or researched in the UK or a majority English speaking country (other than Canada)

Thanks very much for your time and help. Really appreciate it.

Thanks,
Kumar

[vinny]

@ kumar84 - please continue in your existing topic you already have. It is not necessary to start new topics asking the same questions about the same application.

uk-tier-2-employer-sponsored-visas/tier ... l#p1577550

See Multiple Topics/Posts (click)

[kumar84]

Apologies and Thanks Vinny. Going forward I will post all my queries in this thread.

[kumar84]

Dear Members,

Any advice please?

Thanks,
Kumar

[kumar84]

Dear Gurus, Members

Can you kindly help guide me on the cohabitation documents that will be required to be submitted for Tier 2 General to ILR (eligible June 2020 ) please -

Currently the Dependent is in home country and not plan to return till end of this year.

1. Will Monthly Joint Bank Current Account Statement for all 24 months suffice ?
2. Watsapp call/message screenshot?
3. Funds transfer to home country bank account. should this be from a UK based bank account only?
4. My dependents bank account in the home country is in her maiden name and different from the passport/visa?
5. I will be visiting home country couple of times to meet her - (Air Ticket and Photos)
6. Birth certificate of our child born in home country later this year.

I have moved to a shared accommodation sublet by my friend(who is a tenant) and donot have any utility bills/council tax in my name till end of this year, will this be a problem.

Thanks in advance,
Santhosh

[kumar84]

Dear All,

Can you kindly advice

[kumar84]

Dear Members, Admins,

I would be grateful if you can guide me on below situation -

My wife( and kid born Outside UK May 2018) is out of UK since Jan2018 and planning to return around Feb 2019.

I (along with my wife) will be eligible for ILR in May/June 2020. Our current Leave to Remain expires in Jan 2021.

I understand for ILR PBS Dependent , we to submit last 2 years cohabitation documents,
So the documents should be starting May 2018 - May 2020 to cover 2 years, However since she will be back only in Feb 2019.

Will this be an issue?

[KenBossini]

You are missing the point of this requirement. The cohabitation documents are to prove that you and your wife were living together for the specified period, in your case two years. As your wife will not be living with you from May 18 to Feb 19, you cannot prove cohabitation during these 9-10 months as it would be a deception. Moreover, when you mention the dates your wife was absent from the UK on her ILR application, you will be inherently confirming that you both were not living together from May 18 to Feb 19. I assume you have Indian passports, so the immigration stamps would also prove the same. In your situation, I think you can apply two years after your wife is back in the UK. Or find a legal way to get around the cohabitation requirment.

Regards,
K.