ILR-SET(O)–Tier1 Ent application date

[jafersadeq]

Dear Gurus,

I wonder about ILR-SET(O)– Tier 1 Ent. application date:

If the main applicant’s visa expiry date is 1/4/2020, and he is eligible for ILR-5 years on 31/12/2019 (for example)-28 days before completing his 5 years, , and his partner and kids have a valid leave till 1/4/2020, their 5 years completes on 31/5/2020 (starting from their entry date) and they are eligible for ILR on 3/5/2020 (a month after the expiry date).

Please advise which option is better:

Option 1:
The main applicant applies his own application-SET(O) only on 31/12/2019 without his dependants.
And on 1/4/2020 he can apply for extension for his PBS dependants (partner and kids) by registered post and using cheques for applications fees, and on 3/5/2020 he can vary their applications from PBS dependant extension to ILR-SET(O).

Can the main applicant apply without his dependants?


Option 2:
The main applicant applies on 31/3/2020 (One day before expiry date) with his dependants extension application, and on 3/5/2020 he can vary their applications from extension to ILR-SET(O)-same route-Tier 1 Ent.

What I understand from the immigration rules that the kids cannot get ILR till the main PBS applicant and the partner have ILR. Is that right?

Please advise,
Thanks

[marcnath]

Option 1:
The main applicant applies his own application-SET(O) only on 31/12/2019 without his dependants.
And on 1/4/2020 he can apply for extension for his PBS dependants (partner and kids) by registered post and using cheques for applications fees, and on 3/5/2020 he can vary their applications from PBS dependant extension to ILR-SET(O).

Can the main applicant apply without his dependants?

Yes

Option 2:
The main applicant applies on 31/3/2020 (One day before expiry date) with his dependants extension application, and on 3/5/2020 he can vary their applications from extension to ILR-SET(O)-same route-Tier 1 Ent.

What I understand from the immigration rules that the kids cannot get ILR till the main PBS applicant and the partner have ILR. Is that right?

Correct, kids need both parents to have ILR.

Either one will work, but if it was me, I would possibly choose Option 1.
There is even a possibility (not a certainty) that the dependant's application can be done at PEO then.

[jafersadeq]

Dear marcnath,

Thanks a lot,

If the partner’s visa expiry date 20/4/2020 (for example) , and the visa issue date 30/4/2015, the entry date 31/5/2015.

Option 1:
If the partner wants to count the 5 years depending on the entry date, it will be 31/5/2020, the 28 days before completing the 5 years is 3/5/2020 and the visa expiry date 20/4/20120, the gap is 13 days between the visa expiry date and the 5 years eligible date.
If the partner applies on 19/4/2020 SET(O)-ILR directly and uses registered post + cheque +delay in biometric, it maybe become more than 13 days.


Option 2:
If the partner wants to count the 5 years depending on the visa issue date (I saw many cases they got their ILR depending on the visa issue date), it will be 30/4/2020, the 28 days before completing the 5 years is 2/4/2020 and the visa expiry date 20/4/20120.

If the partner applies on 19/4/2020 SET(O)-ILR directly and uses registered post + cheque +delay in biometric, it maybe become more than 13 days. And the Home Office may help him/her and they depend on the visa issue date.

Which option is better?

Please advise

[marcnath]

This is very confusing.

Why don't you use exact dates instead of examples and scenarios.

Visa application date is the date of posting, so I am not sure what you mean by post + cheque etc..