Finishing 60 months / applying 28 days before

[Rabubee]

Hi there. My husband and I will be applying for ILR soon and I have a few questions - would be grateful for any advice!

1) do I need to submit documentation proving ancestry again? i.e. My grandfather's birth cert., my mom's, mine?

2) my husband is a dependent on my ancestral visa - should he make his own application for ILR or should he apply as a dependent on mine?

Thanks very much!

[CR001]

1. Members have reported not required.

2. One Set O form for both of you together.

[Rabubee]

Hi there,

I just have three questions about applying for indefinite leave to remain after 5 years on an ancestral visa:

• My husband and I have been on an ancestral visa for the past 5 years – I am the main visa holder and my husband is a dependent on my visa. For our indefinite leave to remain application then, does my husband need to apply as a dependent on my indefinite leave to remain visa?
• I am a South African national, but I have a postgraduate degree from America. I have a letter from NARIC stating the British equivalency of my degree as well as a letter from my university stating that the language of instruction was English – is this sufficient to prove ability to speak English?
• Since we are applying for an ancestral visa, do I need to submit documents proving ancestry again (for my indefinite leave to remain application)?

Thanks in advance for any help you can provide!

[CR001]

• My husband and I have been on an ancestral visa for the past 5 years – I am the main visa holder and my husband is a dependent on my visa. For our indefinite leave to remain application then, does my husband need to apply as a dependent on my indefinite leave to remain visa?

One Set(O) form for both of you together as advised in July already.

• I am a South African national, but I have a postgraduate degree from America. I have a letter from NARIC stating the British equivalency of my degree as well as a letter from my university stating that the language of instruction was English – is this sufficient to prove ability to speak English?

If it is the NARIC Red Route and English and comparable assessment, yes.

• Since we are applying for an ancestral visa, do I need to submit documents proving ancestry again (for my indefinite leave to remain application)?

Unlikely. See my previous response to your query you posted in July.

[Rabubee]

Hi there,

I'm applying for an indefinite leave to remain application. We've been in the UK for 5 years on an ancestral visa, and haven't been given a BRP or asked to get one. For our IRL application, however, we'll have to get one. Our fingerprints were taken when we applied for our ancestral visa, but one of the questions on the IRL application form is to provide the date that out fingerprints were taken - I have no idea when or where exactly this was. Any advice what we can do about this or how I can get this information?

[CR001]

Topics Merged (click to read)

[CR001]

For our IRL application, however, we'll have to get one.

No you don't need to get one before applying for ILR. Why do you think you do?

Our fingerprints were taken when we applied for our ancestral visa, but one of the questions on the IRL application form is to provide the date that out fingerprints were taken - I have no idea when or where exactly this was. Any advice what we can do about this or how I can get this information?

Surely you know when you applied (month/year) for your Ancestry visas?? You would have applied at one of the VFS centres in SA, depending on where you were based, ie VFS in Sandton, Durban etc.

[Rabubee]

Hi there,

I was just wondering about the 'completing 60 months' rule and submitting the ILR application no more than 28 days before the expiry of my current visa.

My ancestral visa is valid from 1 December 2014 and expires on 1 December 2018. I am planning on submitting my application on 3 November (28 days before the expiry date). But, I entered the UK on 1 January 2014 so I by 1 Dec, I will have been in the uk for 59 months (and by 3 Nov, my application date), I will have been here for 58 months.

Can I still apply for ILR or will I need to apply for an extension first before applying?

Thanks very much.

[CR001]

Topics Merged (click to read)

Please read the link. Thanks

[CR001]

You can apply anytime within 28 days before reaching 60 months. Might be worth applying in mid to late November.

[Rabubee]

Great, thanks very much for the information.

So, just to clarify - 28 days before the 60 month target (1 Jan) would take me to 4 December which is passed the expiry date of my current visa (1 Dec): this means that I won't be able to use the premium service? (I.e. by applying through the post mid to late November, am I essentially hoping that they'll only get to my application after 4 December (which is likely looking at the current processing times).

P.S. apologies for creating a new thread previously!

[CR001]

Link below should help.

https://assets.publishing.service.gov.u ... .0-EXT.pdf

You seem to be ok to apply in November.

[Dryasser]

You can apply anytime within 28 days before reaching 60 months. Might be worth applying in mid to late November.

Does this mean application date within 28 days or appointment date within 28 days in case of premium appointment ?

[CR001]

You can apply anytime within 28 days before reaching 60 months. Might be worth applying in mid to late November.

Does this mean application date within 28 days or appointment date within 28 days in case of premium appointment ?

Application date is date of appointment so that is the 'within 28 days' date if applying in person. Note, not everyone uses the online form!!

Also can you please ask your questions in your own topic and not tag onto another members thread who is NOT a PBS migrant but an Ancestry visa holder.

See also point 12 in the forum rules FAQs (click to read)

[Rabubee]

Great, thanks very much for that link. According to that document the period between the start of my visa and the day I entered the UK counts towards the 180 days allowable leave per 12-month period, so in that case, we're good to go.

In terms of the length of the indefinite leave to remain then, my South African passport expires in 2023, does that mean that, if I am granted ILR it will only be valid up to then or is it truly 'indefinite'? (i.e. is valid beyond 2023 -in which case, in 2023, I'd just need to go to the SA consulate to renew my passport, but my UK ILR would still be valid).

Thanks again for all your help, this is really useful information.

[CR001]

You ILR will not be a sticker in your passport but a Biometric Residence Card which will be valid till December 2024. Note it is the card that expires not the ILR status, 2024 being the date set to update all biometric documents security features.

Your SA passport expiry is irrelevant to the above.