ILR (Separate applications)

[jedi900]

Hi All I am applying for ILR for my self and my wife and have been looking at timings and also risks that priority may turn into standard if there is anything complex about application. whilst I don't think my application is complex you never know.

Our leave to remain expires end of April. Given standard route could take 8week to 6 months i am thinking of priority (5 days) service.

However, I am thinking of making an application for only myself as main using 2 or 5 day priority then applying for my wife separately either as 5 day priority or as standard route.

Question 1: If my the ILR application is not approved in 5 days can i submit a separate application for my wife before the April deadline (even whilst mine is being decided) so that she doesn't end up overstaying? My assumption is her application will stay on hold (not refused) until mine is decided?

Reason i am worried about her application whilst everything else is ok, she had a Schengen visitor visa refused in 2016 because her trip was too close to her leave to remain in UK expiring. subsequently in 2017 after leave to remain was extended, she got the Schengen visa approved for 6 months first first trip and then 2 year for second trip. So although its not a problem and i can submit the old passport showing the subsequent visa stamps in the passport I am still worried it might make the application complex and hence waste of £1000 if I submit together as priority.

Question 2 : Am I over thinking things and the above is not really a big deal. Is it better to just submit both of our application at the same time with 5 day priority.

Reason for priority is to start the citizenship application for our son who is 3 yo and was born in uk. I have to get ILR approved before i can submit his. and ideally I want to submit before he leave to remain expires in April. Although I know it doesn't matter if a child overstays and it wont affect their application i am assuming there will probably be long processing times to get citizenship for him so better to start as early as possible.

Happy to get peoples thoughts?

[ywlgy]

1. Yes your wife can submit application any day after your submission date and before her visa expiry date. Your assumption is correct.
2. I doubt a Schengen visa refusal due to the reason you described would make it a complex case. Declare it on the application form and attach the refusal letter should be enough.
You could use priority for yourself. If approved within 5d, use priority for your wife. If not, use standard for her.

[jedi900]

1. Yes your wife can submit application any day after your submission date and before her visa expiry date. Your assumption is correct.
2. I doubt a Schengen visa refusal due to the reason you described would make it a complex case. Declare it on the application form and attach the refusal letter should be enough.
You could use priority for yourself. If approved within 5d, use priority for your wife. If not, use standard for her.

Thanks for clarifying it really helps. I'll make a decision whether to just apply together or not once i have all my documentation together. By submitting a set(M) separately I am sure the form will require even more evidence and hence more admin.

One more question with respect to cohabitation we only have three items with joint names:
1. Dental policy with both our names and address.
2. Personal Accident insurance with both our names and sons name and address.
2. Tenancy agreement for May 2020 to May 2021 has both our names however the agreement which is a Assured Shorthold Tenancy was only until May 2021 after which we have been on a rolling month to month tenancy since we never renewed the fixed term (we were hoping to move but then decided against it until we have our ILR). I was going to include my bank statement for last 6 months and mention in my cover letter that the tenancy is still on going (money going out).

Outside of the above we only have individual correspondences e.g. letter from GP, Hospital, HMRC and mobile company that has either her name or my name with same address. i.e. there isn't anything joint but by way of the address being the same you can imply we are living in the same place.

The final thing we are adding is our sons birth certificate (although its from 2019 so its outside 2 year) I'm hoping to set the basis that we are cohabitating in the same place since our Tier 2 visa extension.

Thoughts?

[jedi900]

Correction: Set O not Set M for PBS dependent.

I decided to complete set O for only my wife, but oddly the mandatory nor other documentation requested, asks for cohabitation evidence. Why would this be?

[ywlgy]

Correspondents sent to individuals but showing the same address are also accepted.

Cohabitation evidence is actually not mentioned in UKVI caseworker guidance except for unmarried partners. Not sure why some forum members mention it.

[jedi900]

Correspondents sent to individuals but showing the same address are also accepted.

Cohabitation evidence is actually not mentioned in UKVI caseworker guidance except for unmarried partners. Not sure why some forum members mention it.

Thanks for that. i have noticed on some posts people saying when submitting Set(O) for dependent they got back to them and asked for cohabitation evidence even though the document list doesnt ask for it. Might be better to be safe i guess.

Question: I have one more question i noticed that the travel dates i got my employer to put on my employer letter for 4 of my trips my return date is the date of departure not arrival which is one day after. Only in one case did i put date of arrival as a sunday but actually arrived monday morning at 6:30 but ended up working that day.

Do i need to update my employment letter or should i make the dates in my form match my letter? and then mention in a cover letter the discrepancies?

[ywlgy]

Better ask the employer to correct the UK departure and arrival dates

[jedi900]

Hello, one last question. I have been in the UK (coming up to 6 years at the end of my current visa). For my employer letter I only asked them to list my absences for the past 5 years (qualifying period). as well as a statement that i am required to travel for work as can be seen from my schedule.

however in the online form it asks for Immigration history following the question Since you first entered the UK, have you had any absences from the UK?

Can I include all my absences from UK from 6 years ago in the online form but my employer letter only goes back 5 years? Or do I need to ask employer to yet again change my letter? The alternative was for me to add to a cover letter that letter is for past 5 years but if additional evidence is required from employer I can obtain it.

thoughts?

[jedi900]

I feel like I might go with my second option. i.e.
a. keep my employer letter showing the past 5 years.
b. show my full history since I entered the UK in the online form (i.e. 6 years); and
c. On my cover letter mention that employer letter covers my 5 years qualifying period and if they require the letter to go back further, I can request my employer to provide an amended letter.

Whilst there is a risk that my priority submission becomes a standard submission after reading the guidance a few times, they only mention whether the case worker is satisfied about my continuous residence which starts from February 2017 to now (5 years). Hence anything prior to that shouldn't have an impact on my application unless the case worker really feels they want to know about my absences outside the qualifying period and whether they were authorised. https://assets.publishing.service.gov.u ... idence.pdf

Note: Whilst I do have one long absence to go back home right after I got my entry clearance between June to August 2016 (54 days) since father passed away. I am including the death certificate in my cover letter, even though this period falls outside my qualifying period, I am not sure I also need to get employer to update the letter to specifically call out that this was an authorised absence from UK as well as I worked flexibly whilst I was there.

Sorry about the word spaghetti. Just want to submit my form and not have to wait for employer to send yet another amended letter if it's not quired. (take's time).

[zimba]

Hello, one last question. I have been in the UK (coming up to 6 years at the end of my current visa). For my employer letter I only asked them to list my absences for the past 5 years (qualifying period). as well as a statement that i am required to travel for work as can be seen from my schedule.

however in the online form it asks for Immigration history following the question Since you first entered the UK, have you had any absences from the UK?

Can I include all my absences from UK from 6 years ago in the online form but my employer letter only goes back 5 years? Or do I need to ask employer to yet again change my letter? The alternative was for me to add to a cover letter that letter is for past 5 years but if additional evidence is required from employer I can obtain it.

thoughts?

Only absences from the last 5 years count. No need to declare beyond that. Employer letter does not need to mention the dates either
There is no Tier 2 and the rules have changed: indefinite-leave-to-remain/tier-2-set-o ... l#p2027888

[jedi900]

Hello, one last question. I have been in the UK (coming up to 6 years at the end of my current visa). For my employer letter I only asked them to list my absences for the past 5 years (qualifying period). as well as a statement that i am required to travel for work as can be seen from my schedule.

however in the online form it asks for Immigration history following the question Since you first entered the UK, have you had any absences from the UK?

Can I include all my absences from UK from 6 years ago in the online form but my employer letter only goes back 5 years? Or do I need to ask employer to yet again change my letter? The alternative was for me to add to a cover letter that letter is for past 5 years but if additional evidence is required from employer I can obtain it.

thoughts?

Only absences from the last 5 years count. No need to declare beyond that. Employer letter does not need to mention the dates either
There is no Tier 2 and the rules have changed: indefinite-leave-to-remain/tier-2-set-o ... l#p2027888

Thanks Zimba. Curious does this mean I should only include the absences in the last 5 years in the online form or put all 6 years but only the 5 years will count?

Employer already included dates so I can keep as is.

[zimba]

Only the last 5 years. That is the period you are relying on for ILR. Before that is not relevant

[jedi900]

Only the last 5 years. That is the period you are relying on for ILR. Before that is not relevant

Thank Zimba

I already submitted my application as I couldn't wait but I included all 6 years in the online form and kept my employer letter with 5 years. Hopefully this doesn't work against me? I have nothing to hide and I'm sure they will see the absences in my immigration electronic immigration history when they look.

[zimba]

No issues

[jedi900]

Hi Team

As per above i already submited my application. and I was uploading my documentation. Whilst searching about what to load in each category I noticed people talking about CoS.

On my application form I entered the sponsor license number that was on the CoS they sent me (which was for the Tier 2 Visa from 2019. However the CoS has an expiry date (Use by) 27 June 2019. And a status of Used).

Was I supposed to get a new CoS from my sponsor for the ILR? My Leave to remain is still valid until April 2022.

If so, do I now have to withdraw my application and resubmit or can I get my sponsor to get a new one and attach that to the documents with a note in the cover letter. I am in a Big four account firm I don't think there is any issues getting a CoS given they gave me an employer letter with a SOC on there already.

I'm really confused. Any help would be good.

[zimba]

No. SOC is only issued for a new work visa not ILR

[jedi900]

Thank I'm sorry, I think i got confused between a CoS being expired vs a Sponsor License expired. The threads I was looking at were about the sponsor licence being expired. So got myself utterly confused.

Thank you Zimba and Ywgy for your help.

[jedi900]

Hi all

I got the email approving my ILR.

I went with Priority 5 days and after waiting 2 days to book biometric hoping something other than having to go to Birmingham for an appointment this week, I luckily found a next day appointment at Croydon last Wednesday. I got the email yesterday saying my ILR was approved. (Very happy)

Now I am going to apply for my Wife (standard application) and register my son for British citizenship. I'm sure I'll have more questions.

I want to thank you all for the help you provided over the last few weeks. Really appreciate the time you give to ordinary people like us!

[jedi900]

Hi All

I have completed my wifes Set 0 Dependent form and ready to submit. However wanted to get your guidance on a couple of items:

1. I want to submit the application this week using the standard route to save some money but we are also waiting on our landlord to confirm how much they plan to increase our rent. if its not affordable we plan to move in the next 2 months. Given a standard route can take up to 6 months and although my wifes application is straight forward, I want to plan for the worst. Am i right in assuming that once I submit the application, the only way to let the immigration team know of my new address where they can send the BRP will be to complete the form here: https://visa-address-update.service.gov.uk/?
2. Will changing address have any detrimental impact to the application if so I might consider just forking out £500 and getting priority 5 days and hope I get a Biometric appointment in the next month?
3. I had my ILR approved last week but since I was the main applicant and my wife is the dependent:
   • a) For the question about my BRP details I am assuming I include my new BRP with the ILR detail not my old tier 2 one?
   • b) For the question about what visa I am on, the two options I could pick are Tier 2 (General) or Skilled worker. I know Tier 2 is now called Skilled Worker but my Original BRP says Tier 2 (General) so I am assuming i select this one but the case officer will understand I am now on an ILR based on my BRP? i.e. it doesn't matter which one i select?
   • c) For my sponsor license number I assume I simply include my old details here.
4. On the application form for Immigration history, whilst the question asks have you had absences from the UK during any leave granted since 11 January the answer is yes since her leave was granted in May 2019. However am I correct in assuming we only need to include the travel since 11 January 2018 (not the entire 5 years)?

Thanks all

[zimba]

1. Yes you have to let them know your address has changed
2. This has no effect on the application
3. You have to choose Tier 2 and enter your old details
4. Only absences since May 2019

[jedi900]

Thanks Zimba. with respect to 3 - Do I enter my old BRP detail or the new BRP which i got after my ILR was approved. Or enter the new details and in the cover letter also include the old details.

[zimba]

Does not matter. UKVI has all your details.