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Calculating continuous period - 5 yrs

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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khasan15
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SET(O) Form - Question on UK absences since 11 Jan 2018

Post by khasan15 » Mon Mar 22, 2021 10:01 pm

Hi,

Can anyone please help me regading the below query:

I am preparing ILR application for my wife which is due to submit middle of next month. Her visa details are as below :

First enrty/BRP granted on : 15/05/2016
Absent from UK : 07/06/2016 to 13/09/2016
Second BRP issued on : 08/12/2017
Absent from UK 22/07/2018 to 26/08/2018
Third BRP issued on : 09/02/2021

While filling ILR application, I found below questions which confused me and I am in diubt.

1. Leave granted on or after 11 January 2018 - Does the period of stay on which this application was based include any leave granted since 11 January 2018?
I gave this answer : YES (As because her last BRP grant was on 09/02/2021)

2. Have you had any absences from the UK during any leave granted since 11 January 2018?
I gave this answer : YES (Absent from UK 22/07/2018 to 26/08/2018)

Could any one kindly advise if my answer to above questions are correct.

Kind Regards,
Hasan

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Re: SET(O) Form - Question on UK absences since 11 Jan 2018

Post by CULLINAN » Tue Mar 23, 2021 3:35 am

1) Yes
2) No

Your wife only has absence limits after 9 Feb 2021 in this case. So if there is no absence after 9 Feb 2021 then no absences to list.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

khasan15
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Re: SET(O) Form - Question on UK absences since 11 Jan 2018

Post by khasan15 » Tue Mar 23, 2021 10:40 pm

Hi,

Thanks for that.

However I still have confusion on that second point. Have you had any absences from the UK during any leave granted since 11 January 2018?

Is it meaning any absent after 11 jan 2018 or in my case any absent after 09/02/2021?

More clarification is appreciated.

Regards,
Hasan

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CULLINAN
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Re: SET(O) Form - Question on UK absences since 11 Jan 2018

Post by CULLINAN » Tue Mar 23, 2021 11:20 pm

I think I already answered that.
Your wife only has absence limits after 9 Feb 2021 in this case. So if there is no absence after 9 Feb 2021 then no absences to list.
Have you had any absences from the UK during any leave granted since 11 January 2018?
9th Feb 2021 is the only leave granted after 11th Jan 2018. Both her previous leaves were granted PRE 11th Jan 2018 so she did NOT have any absence limits on those.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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Re: SET(O) Form - Question on UK absences since 11 Jan 2018

Post by zimba » Wed Mar 24, 2021 11:37 am

khasan15 wrote:
Tue Mar 23, 2021 10:40 pm
Hi,

Thanks for that.

However I still have confusion on that second point. Have you had any absences from the UK during any leave granted since 11 January 2018?

Is it meaning any absent after 11 jan 2018 or in my case any absent after 09/02/2021?

More clarification is appreciated.

Regards,
Hasan
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

khasan15
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Posts: 38
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Calculating continuous period - 5 yrs

Post by khasan15 » Sat Apr 03, 2021 11:37 pm

Hi,

Kindly help me to calculate continuous period for my family (wife and two child).
Their details are as follows :

Entry clearance issed : 29/05/2016 to 28/06/2016
1st date of entry in the UK : 1st June 2016 (01/06/2016)
1st BRP issue date : 15/05/2016

Above makes me confusion, as Entry clearance and issue date of BRP are not matching, two diffrenent date.
Whereas, in my case entry clearance and BRP issue dates are on the same date (03/May/2016).

For my family, I am calculating continuos 5 years periods from 15/05/2016 and planning to apply their ILR application on 17/04/2016 (considering 28 days early). Kindly advise if I am correct or advise me the correct date please.

Appreciate your kind response.

Regards,
Hasan

khasan15
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Posts: 38
Joined: Sat Dec 02, 2017 5:17 pm
Bangladesh

Re: Calculating continuous period - 5 yrs

Post by khasan15 » Sun Apr 04, 2021 9:05 pm

khasan15 wrote:
Sat Apr 03, 2021 11:37 pm
Hi,

Kindly help me to calculate continuous period for my family (wife and two child).
Their details are as follows :

Entry clearance issed : 29/05/2016 to 28/06/2016
1st date of entry in the UK : 1st June 2016 (01/06/2016)
1st BRP issue date : 15/05/2016

Above makes me confusion, as Entry clearance and issue date of BRP are not matching, two diffrenent date.
Whereas, in my case entry clearance and BRP issue dates are on the same date (03/May/2016).

For my family, I am calculating continuos 5 years periods from 15/05/2016 and planning to apply their ILR application on 17/04/2016 (considering 28 days early). Kindly advise if I am correct or advise me the correct date please.

Another question - I need to submit copy of passports used for travel to UK or leave to remain in UK. Should I give all the pages of that passport showing travel to UK and other countries as well, or only the pages that related to UK travel.

Appreciate your kind response.

Regards,
Hasan
Hi Moderator, could you please help about the above questions please.

Thanks/ Hasan

khasan15
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Re: Calculating continuous period - 5 yrs

Post by khasan15 » Sun Apr 04, 2021 9:09 pm

Hi Modeator.

Could you please help me for the above subject please.

Regards,
Hasan

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CULLINAN
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Re: Calculating continuous period - 5 yrs

Post by CULLINAN » Sun Apr 04, 2021 9:59 pm

khasan15 wrote:
Sat Apr 03, 2021 11:37 pm
Hi,

Kindly help me to calculate continuous period for my family (wife and two child).
Their details are as follows :

Entry clearance issed : 29/05/2016 to 28/06/2016
1st date of entry in the UK : 1st June 2016 (01/06/2016)
1st BRP issue date : 15/05/2016

Above makes me confusion, as Entry clearance and issue date of BRP are not matching, two diffrenent date.
Whereas, in my case entry clearance and BRP issue dates are on the same date (03/May/2016).

For my family, I am calculating continuos 5 years periods from 15/05/2016 and planning to apply their ILR application on 17/04/2016 (considering 28 days early). Kindly advise if I am correct or advise me the correct date please.

Appreciate your kind response.

Regards,
Hasan
Calculate from initial BRP date of issue its fine.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

khasan15
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Posts: 38
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Bangladesh

Re: Calculating continuous period - 5 yrs

Post by khasan15 » Sun Apr 04, 2021 10:27 pm

Hi Moderator,

Many thanks for your assistance.

Regards,
Hasan

khasan15
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Posts: 38
Joined: Sat Dec 02, 2017 5:17 pm
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ILR application for dependants

Post by khasan15 » Sun Apr 25, 2021 12:45 am

Hi,

I have received my ILR on 19.04.2021 under 5 years route (Tier-2 General & Skilled worker category).

Now I am preparing ILR application for my dependants (wife & children) which due to submit on 1st May'21. In view that, I have following inquires:

1.My wfie is the applicant & I have followed the online application under SET(O), Please advise if I have followed the correct procedure.

2. Select a category in which you are applying for indefinite leave to remain : I have selected 'Tier-2 general/Skilled worker dependant' for this question.

3. Are you the partner or child of your sponsor? I have selected 'Partner' for this question

4. The person you (asking my wife) are joining or accompanying : Here I have given my details (my passport/ BRP issued for ILR)

5a. I am confused here on this question, asking my current immigration status in the UK :
Which visa is Mr XX XX (my name) applying for or been granted? (Choose the route that Mr XX XX (my name) has applied for or been granted, even if their application is still being processed)

- In the drop down menu option available - Tier 2 General visa, Skilled worker visa, Tier-2 other categories and Intra-company transfer

5b. Then asking VAF number based on question of 5a. In the explanation section mentioned : VAF number - this can be found on your partner's (myself) entry visa sticker.

In the above question 5a & 5b, I got confused. Initially in 2016, My entry clearance was issued under Tier-2 general and Jan'21 my last renewal was under Skilled worker visa. On 19th April 2021, I have got my ILR under Skilled worker category.

So, my question is : in Q5a, What should I answer? Tier-2 General or Skilled worker visa? Because VAF number is on my Tier-2 general entry clearance sticker.

After completing my wife's section, I have added two children.

Then in the 'consent section' I have answered the questions as follows:
(Note - My wife is joint account holder with me in the bank)

- I will provide a declaration signed by me to confirm my consent for the Home Office to request verification checks : I have answered - Yes

- Is the account with a bank or utility company for which you have supplied information and supporting documentation held jointly by you and other people? : I have answered - Yes

- I understand that by ticking this check box I am giving consent to verification checks. I will provide a declaration signed by each of the other joint customers on an account with a bank or utility company : I have answered - Yes

- Does the account with the bank or utility company for which you have supplied information and supporting documentation relate to another person who is to provide you financial support? : I have answered - No

Above consent section again confused me, is it refering to myself or my wife? Here my wife is the applicant.

Finally, in the document section I found following two quesions related to above:

6a. Declaration signed by Mr XX XX (my name) to confirm consent for the Home Office to request verification checks

6b. Consent form for the Home Office to request verification checks on Mr XX XX (my name) for joint accounts or third party support

In the above 6a & 6b, why name my name has appeared, I was thinking it should be my wife's name!!!
Who should sign consent form Part-1?, Who should sign consent form part-2?

I am sorry for the above long message. But I urgently need to clarify that before I submit the application.

Appreciate if you could kindly clarify the above questions 5a/5b & 6a/6b.

Many thanks for your kind assistance and it was always helpful.

Regards,
Hasan

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Re: Calculating continuous period - 5 yrs

Post by CULLINAN » Sun Apr 25, 2021 1:08 am

5a) Tier 2 G as that was your initial route. Although it has been replaced by SW route since Dec 2020. I believe choosing any will be ok and will have no impact on the application.

5b) VAF if known. Otherwise leave it blank.

6a/6b) The checklist is correct to mention declaration in your name. Applicant (your wife) signs part 1, you will sign Part 2 for your wife.

Also note your wife needs to show cohabitation documents for last 2 years. Somehow the checklist does not show that.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

khasan15
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Re: ILR application for dependants

Post by khasan15 » Sun Apr 25, 2021 5:47 pm

CULLINAN wrote:
Sun Apr 25, 2021 1:08 am
5a) Tier 2 G as that was your initial route. Although it has been replaced by SW route since Dec 2020. I believe choosing any will be ok and will have no impact on the application.

5b) VAF if known. Otherwise leave it blank.

6a/6b) The checklist is correct to mention declaration in your name. Applicant (your wife) signs part 1, you will sign Part 2 for your wife.

Also note your wife needs to show cohabitation documents for last 2 years. Somehow the checklist does not show that.
Hi Cullinan,

Many thanks for your reply. Well noted for questions 5a/5b and 6a/6b.

Yes, you are correct, in the document check list it does not mentioned about cohabitation list. However, I will show for last 2 years list at intervals of 3 to 4 months.

Meantime, could you please confrim if I am using correct online form for my dependants. SET(O), then selected 'Tier-2 general / Skilled worker dependant' category.

Kind Regards,
Hasan

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Re: Calculating continuous period - 5 yrs

Post by CULLINAN » Sun Apr 25, 2021 6:32 pm

Correct.

How old are your children?
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

khasan15
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Posts: 38
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Bangladesh

ILR application for dependants

Post by khasan15 » Sun Apr 25, 2021 11:31 pm

CULLINAN wrote:
Sun Apr 25, 2021 6:32 pm
Correct.

How old are your children?
Thanks for your reply.

Elder child 17Y 10M, becoming 18 in July'2021. But I am submitting application on 1st May'21 and she will be less than 18Y.

Younger child is 15Y 05M, becoming 16Yrs in Nov'2021.

Both the childs are less than 18yrs at the time of application. In that case, I think I can include both of them with my wife's ILR application. Am I correct?

However, as elder child is more 16yrs, do I have to give proof of address from two sources (e.g. bank statement, letter from college)? Kindly advise if it is required.

Kind Regards,
Hasan

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Re: Calculating continuous period - 5 yrs

Post by CULLINAN » Sun Apr 25, 2021 11:50 pm

Yes, see 319H-SD additional documents for any child over 16.

As long children are less than 18, they can apply with your wife in the same account [SET(O)] as “dependent children.” They can be added as additional applicants in the same account.

https://www.gov.uk/guidance/immigration ... ly-members
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

khasan15
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Posts: 38
Joined: Sat Dec 02, 2017 5:17 pm
Bangladesh

ILR application for dependants

Post by khasan15 » Mon Apr 26, 2021 7:14 am

CULLINAN wrote:
Sun Apr 25, 2021 11:50 pm
Yes, see 319H-SD additional documents for any child over 16.

As long children are less than 18, they can apply with your wife in the same account [SET(O)] as “dependent children.” They can be added as additional applicants in the same account.

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

Many thanks for your assistance.

Regards,
Hasan

khasan15
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Re: ILR decision for dependants on Priority service

Post by khasan15 » Tue Jun 01, 2021 9:10 pm

Hi,
Someone please advise on the followings.

I have got my ILR on 19th April 2021 under 5 yrs route (Tier-2/Skilled migration).

Me and my family (wife + 2 children) have entered in the UK at the same time but their entry clearance date was 26 days later than me. As such they were not qualify for ILR when I applied ILR application. Their absents were within the limit.

Their first BRP issue date was 15-05-2016, Entry cleanace date was 29-05-2016, first date of entry to UK was 01-06-2016

On 1st May 2021 my wife and 2 children have submitted the ILR application on "Priority Service".
On 15th may 2021 given finger print.

But till today we have not heard anything from UKVI despite giving Priority service fee. I have reported to UKVI call centre on 24th May 2021 and also made online complain about this. But nothing heard me UKVI yet.

I am really worried now. Is there any problem?

Can someone assist me what should I do Now?

Kind regards,
Hasan

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Re: Calculating continuous period - 5 yrs

Post by zimba » Wed Jun 02, 2021 12:12 am

The priority service is not guaranteed.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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