Immigrationboards.com

Hello,

Hope you are doing well.

I have a query on calculating the specified continuous period for ILR. I'm on Tier 2 (General) visa. My online visa application was submitted on the 21st of September 2018 and the payment for the visa was made on the same day. My same-day priority visa appointment was on the 5th of October, which is also the date of the decision.

My current visa is to expire on the 26th of August 2023. According to Indefinite leave to remain: calculating continuous period in the UK guide version 22.0,

Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backwards from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of the decision
• any date up to 28 days after the date of application

Wondering in this case if I can consider the 21st of September 2018 as my visa application date. And if so, will I be able to submit a settlement application on the 25th of August which is 28 days before the date of my visa application?

Kindly let me know your suggestion. Thank you very much for your help.

Regards,
Chethan

Your period starts from the date your visa was granted. The extract you quite clearly states it is counting backwards and is for settlement applications.

It does not refer to your initial visa application date.

You are confusing what is being said in that guide. To clarify more here is how what you quoted actually should be read, see my addition/emphasis below:

Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backwards from
whichever of the following is most beneficial to the applicant:
• the date of ILR application
• the date of the ILR decision
• any date up to 28 days after the date of the ILR application

@CR001, @Zimba,
Thank you for your quick response, it makes sense now.

As "the date of the (ILR) decision" is not known, I still don't get how that could be considered while calculating the relevant qualifying period. That really got me confused, and a bit of wishful thinking I guess on my part!

Thanks again, very helpful!

nahtehcerehs wrote: ↑

Tue Oct 04, 2022 11:36 pm

@CR001, @Zimba,
Thank you for your quick response, it makes sense now.

As "the date of the (ILR) decision" is not known, I still don't get how that could be considered while calculating the relevant qualifying period. That really got me confused, and a bit of wishful thinking I guess on my part!

Thanks again, very helpful!

They consider it by holding your application if they think you only need a few more weeks for you to be eligible and consider it a bit later.

nahtehcerehs wrote: ↑

Tue Oct 04, 2022 11:36 pm

@CR001, @Zimba,
Thank you for your quick response, it makes sense now.

As "the date of the (ILR) decision" is not known, I still don't get how that could be considered while calculating the relevant qualifying period. That really got me confused, and a bit of wishful thinking I guess on my part!

Thanks again, very helpful!

Yes. This is why one trick is to apply early and then book your appointment date within the 28 days mark. This ensures that your date of the decision will always end up somewhere later and you'll be good to go

indefinite-leave-to-remain/dependent-el ... l#p2072912

Hello,

I hope you are doing well.

I have completed 5 years on the Tier 2 General visa by early this month and I’m now working on my ILR application. The SOC code for my primary job is 2139 (Information technology and telecommunications professionals not elsewhere classified) and my salary is well above the current going rate of £32,100. As part of the ILR application, I was asked to provide only these two documents,

• 1) Letter(s) from employer(s) detailing reasons for work-related absences including periods of paid annual leave from the UK and Crown Dependencies.

• 2) Your most recent payslip and bank or building society statement. These must be dated no earlier than one calendar month before the date of the application. The statement must show the payment, as shown on the payslip. You should not provide any additional payslips or statements unless you are currently on maternity, paternity, shared parental, or adoption leave.

ILR application does not request any information about the second job. However, I understand the case worker would be able to identify that easily by looking at my HMRC records and bank statements.

I have worked on my second job starting early this year following the existing Skilled Worker Visa guidelines i.e., the role I am hired to have the job title “IT consultant - Information technology and telecommunications professionals not elsewhere classified” listed in the employment contract (same as the SOC code) and I have worked for only 15 hours per week adhering to the 20 hours a week rule.

Query #1 - Along with my ILR application should I attach a cover letter explaining that I have worked on the second job in the same occupation code and at the same level as my main job for 15 hours a week by attaching the second job employment contract and the payslips?

Query #2 - My second job contract has the same job title as my primary job but has failed to mention the SOC code, would this be an issue? If so, should I get the contract amended to include the SOC code? I’m confused about how the case worker would be able to identify if the second job is on the same SOC code or not. Is this identifiable from the HMRC records or do they usually check this against the job tile from the employment contact?

Thank you for your support. Really appreciate that.

You do not need to provide anything at all as long as your second job fits the following:

•Be for a role either on the Shortage Occupation List or have the same occupation code as the job that you are sponsored to do
•No more than 20 hours per week
•Outside of your working hours covered by your current CoS
•Not interfere with the hours that you would generally spend on your sponsored work.

Thank you for your quick response, @Zimba. Very helpful.

I shall then proceed with my ILR application.