ILR Eligibility & Continous Period Calculation

[pray4all]

Hi Gurus / Moderators,

I came to UK in Nov'2015 on ICT Tier2 and later switched to wife's Tier 2 General in Nov'2019. Below are my previous BRP type and dates.

Dependant Partner Leave to Remain 06/01/2024 to 06/01/2027
Dependant Partner Leave to Remain 19/01/2021 to 19/01/2024
PBS Dependant Leave to Remain 19/11/2019 to 17/12/2020

The first grant of PBS dependant leave to remain was aligned to the BRP end date of wife’s Tier 2 General visa end date (17 Dec 2020). When she received her ILR (4 Dec 2020), I had our first extension as dependant visa for next 3 years (BRP expiry date – 19th Jan 2024). She also further attained her British citizenship.

My questions are as follows:

1. What date I would be eligible for ILR? Is this 28 days before 19/11/2024?

2. What is the application category under which I & my child (who also became dependant on Nov'2015) need to file? wife's was Set(o)

3. For Nariac / Eccetis - When I start the application process and under 'Visa and Nationality' section, it asks for "Please select your Immigration Tier / Route" question with options as "Family(inc. Spouse), ILR and Citizenship" and "Skilled Worker" and various others. Which Option I need to select?

The question is slightly sounding confusing to me. whether this is the route that I have taken e.g. Tier2 Dependent partner or the route I am taking for settlement i.e. ILR ?

4. What's the document list that I need to start preparing for myself and my child?

Request for your help and guidance?

Many Thanks

[zimba]

1. Correct
2. SET(O) as Tier2/skilled worker dependant route
3. It is about the application you are applying for, so 'Family (including spouse), settlement or citizenship/naturalisation'
4. Passports, LIUK, English language and cohabitation evidence for you: All you need to know about cohabitation evidence

[pray4all]

1. Correct
2. SET(O) as Tier2/skilled worker dependant route
3. It is about the application you are applying for, so 'Family (including spouse), settlement or citizenship/naturalisation'
4. Passports, LIUK, English language and cohabitation evidence for you: All you need to know about cohabitation evidence

Thanks Zimba!

I applied for Eccetis and attached 'medium of instructions (MOI)' that mentions degree was taught in English from my college. They however are asking for MOI from University now

Its going to be slightly difficult to get the letter from University since I'm not at the native place. What's the alternate way - heard something about english test.

Please can you confirm if the English test is acceptable for ILR and also share the link. What level of prep is required?

Thanks

[zimba]

Just go for a simple SELT exam (10 minute speaking and listening test) at B1: https://www.trinitycollege.com/qualific ... SE-grade-5

[pray4all]

Just go for a simple SELT exam (10 minute speaking and listening test) at B1: https://www.trinitycollege.com/qualific ... SE-grade-5

Thanks Zimba

[pray4all]

1. Correct
2. SET(O) as Tier2/skilled worker dependant route
3. It is about the application you are applying for, so 'Family (including spouse), settlement or citizenship/naturalisation'
4. Passports, LIUK, English language and cohabitation evidence for you: All you need to know about cohabitation evidence

Another query is whether I'm eligible to get the naturalisation immediately after receiving ILR or do I need to wait for min 12 months considering that the wife already received her citizenship in Year 2021.

Thanks

[zimba]

You can apply immediately after ILR

[pray4all]

You can apply immediately after ILR

Thanks Zimba

What about my non-UK born child, who is less than 16 years and will receive ILR along with myself? does he need to wait for 12 months or can he also apply immediately after ILR?

[zimba]

The child can be registered by using form MN1

[pray4all]

The child can be registered by using form MN1

Thanks Zimba - I meant does he need to server cooling off period of 12months or can apply immediately via MN1.

[CR001]

Please can you ask your citizenship questions in the British citizenship sub forum. These questions are not relevant to your ILR topic or the ILR sub forum.

[pray4all]

Please can you ask your citizenship questions in the British citizenship sub forum. These questions are not relevant to your ILR topic or the ILR sub forum.

sure CR001, thanks for letting me know.

[pray4all]

Hi Gurus / Moderators,

I have been discussing with one of my friend and he has confused me around time towards continuous period calculation for ILR eligibility and hence require your help.

I came to UK in Nov'2015 on ICT Tier2 and later switched to dependant visa on wife's Tier 2 General in Nov'2019. Below are my previous BRP type and dates.

Dependant Partner Leave to Remain 06-Jan-2024 to 06-Jan-2027
Dependant Partner Leave to Remain 19-Jan-2021 to 19-Jan-2024
PBS Dependant Leave to Remain 19-Nov-2019 to 17-Dec-2020

The first grant of PBS dependant leave to remain was aligned to the BRP end date of wife’s Tier 2 General visa end date (17 Dec 2020). Hence I received BRP type as 'PBS Dependant Leave to Remain'.

When she received her ILR (4 Dec 2020), I had our first extension as dependant visa for next 3 years (BRP expiry date – 19th Jan 2024). She also further attained her British citizenship later.
BRP type granted was 'Dependant Partner Leave to Remain' starting from 19-Jan-2021 though I applied before last visa expiry (17-Dec-20) i.e. on 15-Dec-2020.

My questions are as follows:

1. What date I would be eligible for ILR? Is this 28 days before 19-Nov-2024 i.e. 23-Oct-2024?

2. Does this gap in BRP provision (btw 17-Dec-2020 and 19-Jan-2021) subtracts the 5 year total continuous period calculations and hence do I need to wait for additional 33/34 days ?? or rather is this even a gap as I applied before the end of last visa expiry so I think its continuous!! are there any rules governing this?

3. I'm unable to recall why I was granted BRP type as 'Dependant Partner Leave to Remain' post 'PBS Dependant Leave to Remain' - was this due to introduction of Skilled worker visa at that time or due to the fact that wife was already granted ILR before I applied for extension.

4. Is there any issue you see in my ILR application in any sort? - I have always applied on Tier 2 General / Skilled worker dependant application route...little nervous as its been so many years and literally fed up now!

5. I have yet not filed for eVisa thinking that I would be able to apply ILR before current BRP expiry Dec'24 on super-priority. I have heard that the visa status type in some cases have not been reflecting properly and therefore was slightly nervous before applying for ILR. Whats the suggestion - should I consider filing the same?

6. Last but not the least, double checking - Its Set(O)?

Have always relied on the guidance provided by the moderators here, so request for your help once again!

Many Thanks

[zimba]

Topics merged !
DO NOT start a new post when you already had a thread for your case

1. Answered previously above

2. No. Your eligibility started much earlier as I said

3. PBS dependant was the old visa when there was a Tier 2 PBS system, it changed to Skilled worker so the PBS system is long gone. It changed to dependant partner visa which replaced the old PBS-dependent route. For ILR, the old PBS visa periods and the new visa periods should be treated as identical and both count. In fact, the skilled worker rules do NOT care about the visa route of a dependant partner. You just need to have been the someone's dependent partner for 5 years (even time under family route counts)

4. No

5. eVisa is not relevant here. The issues reported with eVisa system have nothing to do with your ILR. You do not need an eVisa as long as you have a valid BRP

6. Again, yes

[pray4all]

Many Thanks Zimba for the reassurance!

Regarding point #2 "Does this gap in BRP provision (btw 17-Dec-2020 and 19-Jan-2021) subtracts the 5 year total continuous period calculations."

do I need to mention anything within my application submission about this gap period btw BRPs and state that this was attributed due to wait period of BRP and the application was submitted before expiry? any uk rule ref that this wait period btw does count towards the 5 years?

Many Thanks again for your support!

Kind Regards,
x

[zimba]

There is no gap. I assume you applied before the visa expiry and got a new visa. Section 3C applies and that period is counted as lawful residence

Learn about section 3C: Applicants can benefit from the date of the ILR decision

[pray4all]

There is no gap. I assume you applied before the visa expiry and got a new visa. Section 3C applies and that period is counted as lawful residence

Learn about section 3C: Applicants can benefit from the date of the ILR decision

Thanks Zimba!

I have started filling the application. There are few questions where I need little clarity /validation.

Request for your help:

Q1. Main Applicant - Home Office Ref number - No I dont know what home office ref it is asking about? I have provided British passport number, NI number & ILR BRP number

Q2. Regarding Eccitis letter
I did my bachelors of engineering degree 2000-2004 with convocation held in 2005 (as stated in degree cerificate).
Eccitis certificate issued states that my degree was completed in 2005 rather it was the year when the convocation was held (year of completion was 2004). Does this cause any issue?

Previously Eccitis team wanted MOI from university and not college and I was not receiving any reply from the institution and therefore I went for B1 as well to be on safer side. Have therefore received both Eccitis certificate and B1 test results. Which one should be used???

Option to fill B1 test result option only comes if I select 'No' as the answer for 'Do you have a degree that was taught in English?'

Q3. English language section
- Have you provided evidence of your English language ability in a previous application? No

I believe it refers to any degree certificate submitted during my previous dependant visa applications rather than my previous ICT visas since the basis of this ILR application is 5 yrs on dependant visa and degree evidence I think was not required during dependant visa

Q4. Personal Info

- Does the period of stay on which this application was based include any leave granted since 11 January 2018? - YES [ Until Nov'2019 I was on ICT and then switched to T2G dependant visa and then had renewals]

- Have you had any absences from the UK during any leave granted since 11 January 2018? YES
[have got absences since my dependant visa]

Immigration history
- List of Absences [Do I need to only state absences since Nov'2019 i.e. start of dependant visa and not count anything btw 11Jan18 and Nov'2019 since during this period I was on ICT and the basis of this ILR is when I started my dependant visa i.e. Nov'2019 ???]

Q5 - Immigration details

Have you previously lived in a country outside the UK including your country of birth? - This lists all my long term stays in my home country e.g. my stays in India post ICT visa expiry? and not all countries that I have travelled incl. Schengen countries...I think the question is about living and not travelling, please confirm?

Thanks

[zimba]

1. No home office reference is needed
2. It does not matter
3. That is fine
4. Only absences since Nov 2019
5. Lived clearly does NOT mean travelled through

[pray4all]

1. No home office reference is needed
2. It does not matter
3. That is fine
4. Only absences since Nov 2019
5. Lived clearly does NOT mean travelled through

Thanks Zimba once again.

Another observation is about the document submission checklist - the application states submitting current & old passports, BRP, Eccitis letter, degree certificate & declaration by wife only.

It has not listed anything about cohabitation (I was thinking to submit joint council bill, bills etc. for last 5 yrs...atleast 5-6 proofs) - will I be allowed to upload this in new TLS website?

Thanks

[zimba]

I have no knowledge of the TLSconnect system. Surely you should be able to upload nay document as al will be seen by UKVI

All you need to know about cohabitation evidence

[pray4all]

I have no knowledge of the TLSconnect system. Surely you should be able to upload nay document as al will be seen by UKVI

All you need to know about cohabitation evidence

Thanks Zimba

Is this usual that ILR application (Set O with route as Tier2 dependants) will not ask anything about Cohabitation related docs within mandatory & Other documents section?

Just ratifying that I've filled all the fields in usual way.

Thanks

[zimba]

This has been repeated many many times before, but again you need to know that the online form is not perfect and has some flaws

[pray4all]

This has been repeated many many times before, but again you need to know that the online form is not perfect and has some flaws

Many Thanks Zimba ! appreciate your help.

[pray4all]

Hi,

I have submitted my ILR application and have taken biometric appointment for 23/Nov.

Please can you confirm whether I should create evisa account (on dependant visa) before ILR biometrics or should I wait for ILR to be issued & then create the account.
I mean is it mandatory to have eVisa account before decision so that visa status is updated?

Thanks

[lolo2]

You can register to view your eVisa at any time.

It's not mandatory to have an eVisa before a decision on a new application, that requirement doesn't exist. The persons eVisa should be automatically updated with every new status, that's one of the purposes of this electronic system.