New COS with same employer for a new job in same SOC code

[Khan77]

Hi all

I will be highly obliged if someone can answer my query

I was issued Tier 2 general visa on 28 Nov 2012
I entered UK on 26 Jan 2013
Started working on 6 Feb 2013
My dependants joined me on 15 March 2013
We have never been outside of UK for more than the specified time

I have been on Tier 2 general visa with the same employer all this time

When am I eligible to submit ILR application for myself and dependants?

Regards and thanks in advance

[iworker]

you 28 days before 28/11/17
dependents 28 days before 15/03/18

[Ekin]

you 28 days before 28/11/17
dependents 28 days before 15/03/18

I don't think that's right - I think it's from when you enter, not when your visa was issued. So it would be 28 days prior to 26 Jan 2018

[plabo]

Hi all

I will be highly obliged if someone can answer my query

I was issued Tier 2 general visa on 28 Nov 2012
I entered UK on 26 Jan 2013
Started working on 6 Feb 2013
My dependants joined me on 15 March 2013
We have never been outside of UK for more than the specified time

I have been on Tier 2 general visa with the same employer all this time

When am I eligible to submit ILR application for myself and dependants?

Regards and thanks in advance

Your dependants can apply for ILR with you:

Read here@

The period between entry clearance being issued and the applicant entering the UK may be
counted toward the qualifying period. Any absences between the date of issue and entry to
the UK are considered an allowable absence. This period will count towards the 180 days
allowable absence in the relevant 12 month period. The applicant does not need to provide
evidence to demonstrate the reason for delayed entry.
If the delay is more than 180 days, you can only include time after the applicant entered the
UK in the continuous period calculation.

https://www.gov.uk/government/uploads/s ... ds-v13.pdf

[CR001]

Hi all

I will be highly obliged if someone can answer my query

I was issued Tier 2 general visa on 28 Nov 2012
I entered UK on 26 Jan 2013
Started working on 6 Feb 2013
My dependants joined me on 15 March 2013
We have never been outside of UK for more than the specified time

I have been on Tier 2 general visa with the same employer all this time

When am I eligible to submit ILR application for myself and dependants?

Regards and thanks in advance

Your dependants can apply for ILR with you:

Read here@

The period between entry clearance being issued and the applicant entering the UK may be
counted toward the qualifying period. Any absences between the date of issue and entry to
the UK are considered an allowable absence. This period will count towards the 180 days
allowable absence in the relevant 12 month period. The applicant does not need to provide
evidence to demonstrate the reason for delayed entry.
If the delay is more than 180 days, you can only include time after the applicant entered the
UK in the continuous period calculation.

https://www.gov.uk/government/uploads/s ... ds-v13.pdf

This is relevant to the main PBS visa holder and not the dependents. PBS Dependents require 5 years residence counted from date of entry to the UK.

[Khan77]

Thank you all for the valued input

I had also read the same somewhere but wasn't sure

I think that my dependants can apply with me, as I think main PBS applicant needs 5 years where as dependants only need 2 years to be in UK

Other thing is my son was born in UK, is it possible that I don't apply for his ILR and once my ILR is granted, directly apply for his British nationality application?

[CR001]

Thank you all for the valued input

I had also read the same somewhere but wasn't sure

I think that my dependants can apply with me, as I think main PBS applicant needs 5 years where as dependants only need 2 years to be in UK Dependents who got visas AFTER 9th July 2012 MUST have 5 years residence to qualify for ILR, counted from the date they ENTERED the UK. If they apply too early and don't meet the 5 years residence requirement, their ILR will be refused.

Other thing is my son was born in UK, is it possible that I don't apply for his ILR and once my ILR is granted, directly apply for his British nationality application? He does not need ILR. Once you have ILR you can register him as BC under section 1(3).

[me786]

Hi all

I will be highly obliged if someone can answer my query

I was issued Tier 2 general visa on 28 Nov 2012
I entered UK on 26 Jan 2013
Started working on 6 Feb 2013
My dependants joined me on 15 March 2013
We have never been outside of UK for more than the specified time

I have been on Tier 2 general visa with the same employer all this time

When am I eligible to submit ILR application for myself and dependants?

Regards and thanks in advance

Your dependants can apply for ILR with you:

Read here@

The period between entry clearance being issued and the applicant entering the UK may be
counted toward the qualifying period. Any absences between the date of issue and entry to
the UK are considered an allowable absence. This period will count towards the 180 days
allowable absence in the relevant 12 month period. The applicant does not need to provide
evidence to demonstrate the reason for delayed entry.
If the delay is more than 180 days, you can only include time after the applicant entered the
UK in the continuous period calculation.

https://www.gov.uk/government/uploads/s ... ds-v13.pdf

This is relevant to the main PBS visa holder and not the dependents. PBS Dependents require 5 years residence counted from date of entry to the UK.

Is this specifically mentioned somewhere in the immigration rules that this allowable absence between visa issuance and actual UK entry is not applicable for PBS dependents ? I had raised this query to home office during my wife's last extension application and was told by a case worker that PBS dependents are generally treated under the same guidance as PBS main applicants unless a specific guideline is proposed under immigration rules. However, I am slightly concerned that this is not specifically stated anywhere.

Logically too it doesn't make any sense as no out of country PBS dependent will then be able to complete 5 years after having gone through one extension application and will have no other option but to apply for an additional visa extension ? Can anyone share if they know any more on this?

[CR001]

Is this specifically mentioned somewhere in the immigration rules that this allowable absence between visa issuance and actual UK entry is not applicable for PBS dependents ? I had raised this query to home office during my wife's last extension application and was told by a case worker that PBS dependents are generally treated under the same guidance as PBS main applicants unless a specific guideline is proposed under immigration rules. However, I am slightly concerned that this is not specifically stated anywhere.

Logically too it doesn't make any sense as no out of country PBS dependent will then be able to complete 5 years after having gone through one extension application and will have no other option but to apply for an additional visa extension ? Can anyone share if they know any more on this?

PBS Dependents can continue to extend their PBS visas but only if the partner gets ILR based on the PBS route. Why should they be exempt if they joined their partners at a later date?

PBS Dependents have a separate set of guidance notes, second link below.

See 319E of the immigration rules which clearly states 5 years residence for post 9 July 2012 applicants before they can qualify for ILR.

https://www.gov.uk/guidance/immigration ... ly-members

Also page 29 of the link below.

https://www.gov.uk/government/uploads/s ... ts-v12.pdf

If a PBS Dependent applies for ILR too early, it will be refused.

This is in addition to the recent changes to the absence limits and continuity of residence for PBS Dependents.

[me786]

PBS Dependents can continue to extend their PBS visas but only if the partner gets ILR based on the PBS route. Why should they be exempt if they joined their partners at a later date?

Hey CR001, I am just trying to make sense of the set of rules for PBS dependent applicants to qualify for ILR without having to go through an additional visa extension.

The PBS main applicant is also required to spend 5 years of continuous stay in UK to qualify for ILR however they are allowed the initial allowance to cover a reasonable gap between grant of visa and the actual entry. Why is that same initial allowance period not applicable for the PBS dependent when it is not called out specifically ? Shouldn't the rules be framed logically to allow both PBS main and dependent applicant to qualify for ILR at the same time?

Are we then to extend the same logic and say that 28 days early ILR application that is allowed for PBS main applicant wouldn't be allowed for PBS dependent applicants ?

I guess I am trying to establish that the calculation of continuous period of stay for PBS main and dependent applicant should be the same or not.

[Khan77]

PBS Dependents can continue to extend their PBS visas but only if the partner gets ILR based on the PBS route. Why should they be exempt if they joined their partners at a later date?

Hey CR001, I am just trying to make sense of the set of rules for PBS dependent applicants to qualify for ILR without having to go through an additional visa extension.

The PBS main applicant is also required to spend 5 years of continuous stay in UK to qualify for ILR however they are allowed the initial allowance to cover a reasonable gap between grant of visa and the actual entry. Why is that same initial allowance period not applicable for the PBS dependent when it is not called out specifically ? Shouldn't the rules be framed logically to allow both PBS main and dependent applicant to qualify for ILR at the same time?

Are we then to extend the same logic and say that 28 days early ILR application that is allowed for PBS main applicant wouldn't be allowed for PBS dependent applicants ?

I guess I am trying to establish that the calculation of continuous period of stay for PBS main and dependent applicant should be the same or not.

Ok this is what page 29 of the document says:

have been living with the PBS migrant in the UK in marriage or civil partnership, or in a
relationship similar to marriage or civil partnership for at least:
o 2 years - for applicants granted leave as the partner of a PBS migrant under the
rules in place before 9 July 2012 and who have since had continuous leave in that
category
o 5 years – for applicants granted leave as the partner of a PBS migrant under the
rules in place on or after 9 July 2012, who have since had continuous leave in that
category and, during that period, have met all the requirements of paragraph 319C
(a) to (e)

For me it is bit of grey area, and probably depends on the person dealing with the case
as my spouse was granted leave as the partner of a PBS migrant and has had continuous leave in that category
According to my HR, I cannot get visa beyond 28 Nov 2017 (which again I do not agree to), as I have to apply for ILR or leave after completing 5 years on Tier 2 General category, so I think same rule will apply to my family who got visa stamped on the same date as me and during the first year have not stayed more than 180 days outside uk including the period between issuing of visa and landing in uk

@me786, when are you applying for ILR, do let me know what you decide in the end

Best regards

[Khan77]

Is this specifically mentioned somewhere in the immigration rules that this allowable absence between visa issuance and actual UK entry is not applicable for PBS dependents ? I had raised this query to home office during my wife's last extension application and was told by a case worker that PBS dependents are generally treated under the same guidance as PBS main applicants unless a specific guideline is proposed under immigration rules. However, I am slightly concerned that this is not specifically stated anywhere.

Logically too it doesn't make any sense as no out of country PBS dependent will then be able to complete 5 years after having gone through one extension application and will have no other option but to apply for an additional visa extension ? Can anyone share if they know any more on this?

PBS Dependents can continue to extend their PBS visas but only if the partner gets ILR based on the PBS route. Why should they be exempt if they joined their partners at a later date?

PBS Dependents have a separate set of guidance notes, second link below.

See 319E of the immigration rules which clearly states 5 years residence for post 9 July 2012 applicants before they can qualify for ILR.

https://www.gov.uk/guidance/immigration ... ly-members

Also page 29 of the link below.

https://www.gov.uk/government/uploads/s ... ts-v12.pdf

If a PBS Dependent applies for ILR too early, it will be refused.

This is in addition to the recent changes to the absence limits and continuity of residence for PBS Dependents.

Thanks a lot for your reply CR001
Now situation is that my employer is extending my Tier 2 visa to 28 Nov 2017
I have to apply for ILR before that time
Now my dilemma is what to do about my dependants? should I apply for ILR for them as well along with me, or should i apply for an ILR dependent visa once I get mine to cover the time gap till 15 March 2018?
And also what is the max duration I can ask my employer to extend my Tier 2 visa up to

Would be really grateful for your input

Best regards

[CR001]

Thanks a lot for your reply CR001
Now situation is that my employer is extending my Tier 2 visa to 28 Nov 2017
I have to apply for ILR before that time

Now my dilemma is what to do about my dependants? should I apply for ILR for them as well along with me, or should i apply for an ILR dependent visa once I get mine to cover the time gap till 15 March 2018? Dependents don't qualify for ILR with you. If you apply they will be refused as they do not have 5 years residence. They should apply for PBS dependent extension. DO NOT apply for ILR dependent, this will reset their clock to zero and a new 5 year period before they can apply for ILR.

And also what is the max duration I can ask my employer to extend my Tier 2 visa up to You can get an extension and be on Tier 2 G for 6 years, so till 2018. Remember that it is mandatory for you to submit a letter from your employer stating that '....you are required in xyz position for teh foreseeable future......'

Would be really grateful for your input

Best regards

[Khan77]

Dependents don't qualify for ILR with you. If you apply they will be refused as they do not have 5 years residence. They should apply for PBS dependent extension. DO NOT apply for ILR dependent, this will reset their clock to zero

Thanks a lot CR001 for your prompt reply, what I don't understand is how to apply for their extension as PBS dependants if I am changing my visa category?

[Khan77]

Dependents don't qualify for ILR with you. If you apply they will be refused as they do not have 5 years residence. They should apply for PBS dependent extension. DO NOT apply for ILR dependent, this will reset their clock to zero

Thanks a lot CR001 for your prompt reply, what I don't understand is how to apply for their extension as PBS dependants if I am changing my visa category?

[Khan77]

@CR001 Thanks a lot for your help, found my answer

Periods of grant
30.We will grant leave in line with the expiry date of the PBS migrant’s (or main applicant’s) leave,
except where the PBS migrant has been granted indefinite leave to remain. In these cases, we
will grant you a period of three years leave. An application for further leave may then be made if
required to take you up to the applicable qualifying period for indefinite leave to remain

I will try if my employer is willing to give me COS for one year which will take me and my family to 14 March 2018
I can apply for ILR as per my eligibility in Nov 2017
My family landed on 16 March 2012, so I can apply for their ILR essentially from 17 Feb 2018, I hope I will be playing with in legal grounds to do so

However if my employer is not extending COS beyond 28 Nov 2017 (I am pretty sure HR will not extend it beyond that point) then I will get ILR, apply for my younger son's nationality and apply for PBS dependent extension for my other dependants and then they can apply for ILR later when they qualify

Hope I am making sense?

[CR001]

Sensible way to do it yes.

Was your son born in the UK?

[Khan77]

Yes

My younger son was born in UK

Can I also kind of twist the rules and apply for extension till 14 March 2018 and apply for my dependants in late Feb 18 as their day of arrival in UK was 16 March 2013?

I can't thank you enough for your help and guidance
much appreciated

[CR001]

Can I also kind of twist the rules and apply for extension till 14 March 2018 and apply for my dependants in late Feb 18 as their day of arrival in UK was 16 March 2013? Extension for who? All of you??

[Khan77]

Yes extension for all of us, if I can get the appropriate COS

[me786]

This is relevant to the main PBS visa holder and not the dependents. PBS Dependents require 5 years residence counted from date of entry to the UK.

I was doing some web research to figure out if someone else has had this question and got a response from Home Office or not. As it turns out from the response below, the initial allowance for delayed entry should be applicable to PBS dependents as well.

Have read of the response to this query to home office https://www.whatdotheyknow.com/request/ ... nite_leave

This clearly states that the Immigration Rules on page 29 of the "Indefinite leave to remain: calculating continuous period in UK" PDF form apply to both the main applicant and dependants.

[CR001]

This is relevant to the main PBS visa holder and not the dependents. PBS Dependents require 5 years residence counted from date of entry to the UK.

I was doing some web research to figure out if someone else has had this question and got a response from Home Office or not. As it turns out from the response below, the initial allowance for delayed entry should be applicable to PBS dependents as well.

Have read of the response to this query to home office https://www.whatdotheyknow.com/request/ ... nite_leave

This clearly states that the Immigration Rules on page 29 of the "Indefinite leave to remain: calculating continuous period in UK" PDF form apply to both the main applicant and dependants.

refers to the absence and NOT the concession for difference in visa issue and entry date. Also, this example is based on the dependent falling under the 2 year requirement and not the current 5 year residence required as stated in the IMMIGRATION RULES. Applying too early will result in a refusal, as has been the case reported by members on the forum.

Page 2 of the same document clearly states the categories it covers and PBS Dependent is not one of them.

[me786]

The key thing that needs to be noted from the (link above) Home Office response was the confirmation that the guidance of calculating continuous stay is applicable to PBS dependents too. All queries related to visa issuance or entry date can be answered based on that.

I agree that PBS dependent category is not specifically included in that guidance document and that may be a case of omission or considered implicitly included under respective main category as there is no such alternative guideline for the PBS dependent category.

I have raised a very specific FOI request asking to clarify some of these queries and hopefully should get some confirmation from Home office. Fingers crossed.

[CR001]

The key thing that needs to be noted from the (link above) Home Office response was the confirmation that the guidance of calculating continuous stay is applicable to PBS dependents too. All queries related to visa issuance or entry date can be answered based on that.

I agree that PBS dependent category is not specifically included in that guidance document and that may be a case of omission or considered implicitly included under respective main category as there is no such alternative guideline for the PBS dependent category.

I have raised a very specific FOI request asking to clarify some of these queries and hopefully should get some confirmation from Home office. Fingers crossed.

By all means then apply early and let us know the outcome, but the immigration rules are very clear on 5 years residence (the same for any category of dependent spouse visa) for post 9 July 2012 applicants.

PBS caseworker guidance link below, also page 29.

https://www.gov.uk/government/uploads/s ... ts-v12.pdf

Partners: paragraph 319E of the Immigration Rules
To be granted indefinite leave to remain as the partner of a PBS migrant, the applicant must:
• be the spouse, civil partner, unmarried or same sex partner of a person who is being,
or has been, granted indefinite leave as a PBS migrant
• have, or have last been granted, leave as the partner of the person who is being, or
has been, granted indefinite leave as a PBS migrant
• have been living with the PBS migrant in the UK in marriage or civil partnership, or in a
relationship similar to marriage or civil partnership for at least:
o 2 years - for applicants granted leave as the partner of a PBS migrant under the
rules in place before 9 July 2012 and who have since had continuous leave in that
category
o 5 years – for applicants granted leave as the partner of a PBS migrant under the
rules in place on or after 9 July 2012, who have since had continuous leave in that
category and, during that period, have met all the requirements of paragraph 319C
(a) to (e)
• be in a subsisting relationship with the PBS migrant at the time the application is made
(for more information, see related link: 2.0 - Genuine and subsisting relationship)
• intend to live together permanently with the PBS migrant as their spouse, civil partner,
unmarried or same sex partner (for more information, see related link: 1.0 - Partners)
• meet the knowledge of language and life in the UK requirements - for more
information, see related link

[Khan77]

Hi
I am submitting Set (O) for ILR via 5 years Tier 2 general route.
I have a few questions and shall be really grateful if someone can answer, although these may seem daffed for the experts on the forum.

1. Is my IELTS certificate from 2012, that I submitted for my original Tier 2 application valid for this ILR application? or do I need to submit current valid SELT certificate?

2. My wife has valid IELTS certificate, but I have been advised by a friend to submit SELT ( GESE Grade 5 (B1)) certificate from Trinity College as IELTS is no longer accepted for spouse ILR visa. His wife submitted in date valid IELTS but was rejected ILR and reason was not valid proof of English language.

3. Letter regarding leave from employer, shall I only include the leaves that I utilised for travel outside UK rather than the lengthy record of all my leaves. An alternate is for for my line manager to write that my leave entitlement is 32 days/year and I have not taken more than my entitlement.

5. I have never worked outside my hospital for any extra work.shall I include a ''has not performed more than 20 hours of extra work per week'' from my line manager in the letter covering my employment and leaves? or is there no need for it, only adding as pay slips include payments for extra work.

4. My younger son was born in UK. I am planning not to apply for his ILR. His current leave to remain is up till 11/11/2018. I plan to apply for his citizenship under section 1(3) using MN1 once granted ILR.

5. Cohabitation requirement only for spouse or shall I take a letter from my son's school? and is 2 years period enough? as many of my friends have been covering for the whole 5 years. I am planning to submit council tax bills, water bills, home office correspondence, account statements from my and wife's bank (separate accounts)

Thanks in advance