ILR Eligibility - Continuous period

[ilovethebeatles]

I am on Tier 2 General 5 year route. We (all of us) got entry clearance on 10/12/2013. I entered the UK on 5/1/2014. Job start date 10/1/2014. All dependents entered the UK on 20/1/2014.

I intended to apply for ILR for all of us at a time. My understanding is we are all eligible to apply for ILR after 12/11/2018 but just want a final confirmation from someone experienced.

[zimba]

Correct, count form the visa issue date

[ilovethebeatles]

Thank you Zimba. Please could you help on these two more questions:

- Date of first entry to the UK: we entered the dates we actually entered (5/1 for me and 20/1 for dependents), not the visa issuance date?

- We extended our visa in 2016 and got Leave to Remain (BRP) i.e. before 11/01/2018 -> I do not have to list absences from the UK for dependents?

[KVP]

I am on Tier 2 General 5 year route. We (all of us) got entry clearance on 10/12/2013. I entered the UK on 5/1/2014. Job start date 10/1/2014. All dependents entered the UK on 20/1/2014.

I intended to apply for ILR for all of us at a time. My understanding is we are all eligible to apply for ILR after 12/11/2018 but just want a final confirmation from someone experienced.

You can apply for an ILR under all categories within 28 days before the end of your 'qualifying period', not earlier.

[ilovethebeatles]

Thank you KVP, I know the rule - it is just about interpretation of the rule as sometimes it is confusing. Can anyone help confirming the questions below?

Thank you Zimba. Please could you help on these two more questions:

- Date of first entry to the UK: we entered the dates we actually entered (5/1 for me and 20/1 for dependents), not the visa issuance date?

- We extended our visa in 2016 and got Leave to Remain (BRP) i.e. before 11/01/2018 -> I do not have to list absences from the UK for dependents?

[CR001]

Thank you KVP, I know the rule - it is just about interpretation of the rule as sometimes it is confusing. Can anyone help confirming the questions below?

Thank you Zimba. Please could you help on these two more questions:

- Date of first entry to the UK: we entered the dates we actually entered (5/1 for me and 20/1 for dependents), not the visa issuance date? The question is date you ENTERED not the START date of your visa!!

- We extended our visa in 2016 and got Leave to Remain (BRP) i.e. before 11/01/2018 -> I do not have to list absences from the UK for dependents? Correct.

[ilovethebeatles]

Should I bother with this?

When entering the leave/return dates for absences from the UK, e.g. 12/11/2018 - 14/11/2018, should we count it as 3 or 1 days absent from the UK? Similarly, if it was 12/11/2018 - 12/11/2018, should it be 2 days or 0 days? I read the guideline and it says it must be full day outside the UK but needs advice from experienced members.

My absences do not break the 180 days rule even counting leave/return days but just a question to enter the correct the number of days.

[zimba]

Only full days count

[ilovethebeatles]

So, it is correct that 1 day and 0 day are answers for trips 12/11/2018 - 14/11/2018 and 12/11-2018 - 13/11/2018?

Only full days count

[zimba]

Yes

[ntt05r]

@ilovethebeatles: have you applied? My situation is pretty much identical to yours so wondering if you have suceeded using the visa issue date?

[CR001]

@ilovethebeatles: have you applied? My situation is pretty much identical to yours so wondering if you have suceeded using the visa issue date?

Clearly not APPLIED yet if the op is still asking questions TODAY!!

[ilovethebeatles]

I have not applied yet ntt but thinking about applying soon. I have few more questions:

1. On my Entry Clearance, it says "valid from..." is this the date that counts for continuous period? I ask because the guideline mentions the "issue date" but I guess it must be the same meaning.

2. I booked holidays abroad in exactly 1 months from the day I intend to submit the form online. If I go for Super premium service (new system), is this good enough to get things done prior to my trip abroad?

Please could you share experience with using the new system regarding the lead time from application submission to appointment booking and to receiving the cards?

Thank you very much.

[ntt05r]

I would tend to agree Valid from date is visa issued date to be used for calculating the continuous period.

I dont know how quick the new system is. From memory it can either be 1 working day or 10.

[ilovethebeatles]

I have looked at the service points near me and all of they show the following:

Opening hours
Mon - Fri 8am to 6pm
Saturday
Sunday

Does it mean they open also on Saturday and Sunday for out-of-business hours booking?

I know we can book free appointments at core service points. But does anybody have any idea on how much does it cost to attend the enhanced service point? And how much does it cost for appointment of Sunday/Saturday? Are these costs per applicant or per group of applicants (family)?

[ilovethebeatles]

So now I am able to prepare the documents I need and upload them to the new system. Please could experienced members have a look and see if all looks okay?

Main Applicant (Tier 2 General)
1. Passport (all relevant pages)
2. BRP Card
3. Driving License (not required but used for LIUK and could be used for cohabitation)
4. Test of Life in the UK Certificate
5. UK degrees
6. 3 month bank statements
7. 3 month payslips
8. Letter from employer confirming both employment (title, salary, SOC, foreseeable future) and absences from the UK (all paid leave) in one letter.
9. Documents as proof of cohabitation

Dependent (spouse)
1. Passport (main page and UK Clearance page)
2. BRP Card
3. Driving License (not required but used for LIUK and could be used for cohabitation)
4. Test of Life in the UK Certificate
5. UK degree
6. Documents as proof of cohabitation

Child
1. Passport (main page and UK Clearance page)
2. BRP Card

I think it is not required but still a but wonder: do I need to upload all the relevant passport pages for dependents?

And a final check: if we all got Entry Clearance with the same "valid from" date, we are eligible to apply at the same time regardless of different entry dates to the UK? (I came after 1 month, my dependents came after 1.5 months since the "valid from" date).

Thank you very much. I am getting anxious and nervous so please be patient with even small or repeated questions

[ilovethebeatles]

Can anyone advise on this matter?

In the online form, there is a question about National Identity Card: Do you have a valid national identity card? and it is specific to the country of my nationality. I have one, but it is in foreign language. Should I answer Yes or No? If I answer Yes, I am concerned if it is required a translation.

[CR001]

Do you have a valid national identity card?

No, not required.

[ilovethebeatles]

Thank you CR001. And sorry I have to ask one more question about the qualifying period for dependents. I searched and found this link:

indefinite-leave-to-remain/qualifying-p ... 41410.html

In the above case, the main applicant (Tier 2 General) and his dependent got entry of clearance the same date, entered the UK later the same date, extended their leave to remain the same date but it seems the main applicant's qualifying period starts from "entry clearance valid date" while that of PBS dependent is from "date of entry to the UK" as per the answer from an experienced member (zimba):

No as PBS dependant qualifying period only starts from the date of entry to the UK.

I notice the post is from Oct 2017 - does it mean the rule has changed from Jan 2018 so that both main application Tier 2 General and all their PBS dependents have the same qualifying period from "entry clearance valid from" date?

[CR001]

Thank you CR001. And sorry I have to ask one more question about the qualifying period for dependents. I searched and found this link:

indefinite-leave-to-remain/qualifying-p ... 41410.html

In the above case, the main applicant (Tier 2 General) and his dependent got entry of clearance the same date, entered the UK later the same date, extended their leave to remain the same date but it seems the main applicant's qualifying period starts from "entry clearance valid date" while that of PBS dependent is from "date of entry to the UK" as per the answer from an experienced member (zimba):

No as PBS dependant qualifying period only starts from the date of entry to the UK.

I notice the post is from Oct 2017 - does it mean the rule has changed from Jan 2018 so that both main application Tier 2 General and all their PBS dependents have the same qualifying period from "entry clearance valid from" date?

You are looking at a topic from 2017, the rules have changed since then (earlier this year) and BOTH main PBS and PBS dependents qualifying period starts from date the visa was ISSUED!!

[ilovethebeatles]

I hope someone successfully experienced the new system can clarify this for me and also for new applicants:

Do we need to scan/upload all pages of the passport (including blank pages and caver page) or just the pages with stamps/signs on?

[ilovethebeatles]

Does anyone know if the applicant is allowed to travel abroad during the period after online application submitted and before the biometrics appointment under the new system?

[zimba]

I hope someone successfully experienced the new system can clarify this for me and also for new applicants:

Do we need to scan/upload all pages of the passport (including blank pages and caver page) or just the pages with stamps/signs on?

Please contact UKVCAS. They are providing customer support and assistance

Does anyone know if the applicant is allowed to travel abroad during the period after online application submitted and before the biometrics appointment under the new system?

You can but why would you ?? You can easily secure appointments in few days after submission, no need to book an appointment way ahead in the future

[ilovethebeatles]

Thank you Zimba. I planned things the way you think regarding the timeline but technical issues that many people have reported imply I may not be able to book the appointment soon enough before my booked holidays. I have submitted yet as there is still a document I need to collect but target for submitting this week.

Your confirmation regarding travel between submission and appointment date under the new system is really helpful.

[ilovethebeatles]

Hi all,

So, I received the BRP delivered last Saturday and now have time to write some review. I would like to thank you all for support and advice during this process.

Route: Tier 2 General to ILR, 5 year route with dependents.
20 November 2018: Application made online using Super Priority Service.
21 November 2018: Received an automatic email saying that Home Office have received my application and would consider it up to 6 months.
22 November 2018: Biometrics done in the morning.
From 23 to 27 November 2018: No communication but I called the UKVI support center several times and received only generic information which basically asked me to wait for 5 working days.
27 November 2018: I called again and a gentleman kindly noted down my details. 30 mins later, I received an email saying my application was still within standard public time and they could not do anything with my query. However, few minutes after that, I received an email from caseworker telling me that I am not eligible to apply yet given my Entry Date and asking if I am happy to keep the application until I am eligible. I must say, I really appreciate the casework for asking this because it implies they do the best for us. So, this gives some hope to those applying before your qualifying period. I emailed back immediately mentioning the visa date and got an email saying it was now considered.
28 November 2018: I got an email saying my application was approved.
01 December 2018: Letters and BRPs received via DX.

Regarding the new process, it is fairly easy. Under new system, you can book appointments where you want and at the date/time you want. Remember, if you book before 10 am or next day, you have to pay £100 for out of hour service. Other times are free depending on availability. You can change your postcode when searching for the centers you want to look for because it shows only 4 centers around the postcode given.

Uploading documents is very easy. Do not worry about the folders, just upload all of them into one folder for each applicant. No worry about the quality of scanned documents as well, as long as you can see them clearly. The officer at your appointment will scan your passports again because they will have a special machine to scan for information inside the stamps on your passports. They did not look at original copies of other documents you uploaded. I have to say, Sopra staff are very nice and helpful.

So overall, the experience was good apart from waiting in anxiety. I would encourage you to call the UKVI support (Option 4 and then 1) if you haven't heard anything for 2 working days after your appointment. Make sure your details are noted down. It is evident (as seen in my case and others) that they do react after details noted down.

And one more last thing, I am convinced that Home Office's caseworkers do the best for you. So, if you have not heard anything, it is very likely that your application has been granted. If there had been anything wrong with your application, they would have contacted you already.

Best of luck to all who are still waiting.