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Gap Period between Dependent Visa and right to ILR
Posted: Tue Sep 19, 2023 12:09 am
by uhd4k
Hi,
My wife's BRP ends on December 31st, 2023. She entered (stamped) the UK on April 17th, 2019. Taking into account the 28-day grace, there is a gap of 2 months and 19 days before becoming eligible to apply for the ILR. All the above also applies to our child.
Applying for a visa extension for them would cost us £5000, which is a lot. Can you please help me calculate how I can apply for a visa extension and then convert it into an ILR application?
I understand the process as demonstrated in the helpful post:
indefinite-leave-to-remain/gap-period-b ... 09404.html. I am just confused with the calculations.
My other question is assuming there is a hope I could indeed convert the Extension application into an ILR application, could I pay the super-fast fee for the ILR decision? Or does it have to go through the standard path, i.e. with a 6-month waiting time for the outcome?
Thanks a lot for the help.
Re: Gap Period between Dependent Visa and right to ILR
Posted: Tue Sep 19, 2023 12:50 am
by zimba
ILR qualifying period starts from the first visa
issue date. The date of entry to the UK is irrelevant.
You may also apply early and delay the biometrics for up to 45 days:
How to apply early and benefit from the date of the ILR decision ?
Re: Gap Period between Dependent Visa and right to ILR
Posted: Tue Sep 19, 2023 7:49 am
by uhd4k
zimba wrote: ↑Tue Sep 19, 2023 12:50 am
ILR qualifying period starts from the first visa
issue date. The date of entry to the UK is irrelevant.
Thanks for the answer. I had a look at your previous help and am very happy for the person to have followed your advice.
A clarification, please. By "the first visa" are you referring to the "Valid-From" on the Entry Sticker put on the passport (that'd be the 4th of April) or the date the BRP was issued (that'd be 6th of April)? There is no issue date on the Entry Sticker itself. Just a "Valid From " and "Valid To".
Thanks.
Re: Gap Period between Dependent Visa and right to ILR
Posted: Tue Sep 19, 2023 10:21 am
by Ticktack
uhd4k wrote: ↑Tue Sep 19, 2023 7:49 am
zimba wrote: ↑Tue Sep 19, 2023 12:50 am
ILR qualifying period starts from the first visa
issue date. The date of entry to the UK is irrelevant.
Thanks for the answer. I had a look at your previous help and am very happy for the person to have followed your advice.
A clarification, please. By "the first visa" are you referring to the "Valid-From"
Yes on the Entry Sticker put on the passport (that'd be the 4th of April) or the date the BRP was issued (that'd be 6th of April)? There is no issue date on the Entry Sticker itself. Just a "Valid From " and "Valid To".
Thanks.
Re: Gap Period between Dependent Visa and right to ILR
Posted: Tue Sep 19, 2023 10:59 am
by zimba
uhd4k wrote: ↑Tue Sep 19, 2023 7:49 am
zimba wrote: ↑Tue Sep 19, 2023 12:50 am
ILR qualifying period starts from the first visa
issue date. The date of entry to the UK is irrelevant.
Thanks for the answer. I had a look at your previous help and am very happy for the person to have followed your advice.
A clarification, please. By "the first visa" are you referring to the "Valid-From" on the Entry Sticker put on the passport (that'd be the 4th of April) or the date the BRP was issued (that'd be 6th of April)? There is no issue date on the Entry Sticker itself. Just a "Valid From " and "Valid To".
Thanks.
Use the earliest date of issue or approval or validity
Re: Gap Period between Dependent Visa and right to ILR
Posted: Tue Sep 19, 2023 12:28 pm
by uhd4k
zimba wrote: ↑Tue Sep 19, 2023 10:59 am
Use the earliest date of issue or approval or validity
Ok, thanks. All this leads me to 2 crucial questions for my action plan, please:
1- Is the ILR application's date that of online payment or that of Biometry appointment?
2- When I make a variation on the Visa Extension to turn it into an ILR application, could I use the Fast-Track option, which reduces the waiting time to under a week?
Re: Gap Period between Dependent Visa and right to ILR
Posted: Tue Sep 19, 2023 12:32 pm
by meself2
Date is the date of online submission and payment, but what matters is when your ILR is being considered by caseworker. If you delay biometrics long enough for ILR to be within necessary timeframe, you'll be fine.
You can try to use priority service, if you can catch the option to do so (it's not readily available), but it's not guaranteed - you may pay money and still be processed under normal timeframe.
Re: Gap Period between Dependent Visa and right to ILR
Posted: Tue Sep 19, 2023 2:00 pm
by uhd4k
So the date from which they start counting backwards for the 5-year period for the ILR application, is it the date of the biometry meeting? Because that would mean I could apply for the variation 45 earlier. That would make the whole thing possible.
If instead, it is the day the payment was done online that would mean I have to wait for 6 weeks after applying for Visa Extension before I could ask for the Variation. Too long and too risky. Hence my question.
Re: Gap Period between Dependent Visa and right to ILR
Posted: Tue Sep 19, 2023 2:04 pm
by zimba
uhd4k wrote: ↑Tue Sep 19, 2023 2:00 pm
So the date from which they start counting backwards for the 5-year period for the ILR application, is it the date of the biometry meeting? Because that would mean I could apply for the variation 45 earlier. That would make the whole thing possible.
If instead, it is the day the payment was done online that would mean I have to wait for 6 weeks after applying for Visa Extension before I could ask for the Variation. Too long and too risky. Hence my question.
My point was to apply for ILR directly. No need for an extension. You apply early and delay the biometrics until the date that eligible for ILR. Read the link I posted carefully
Re: Gap Period between Dependent Visa and right to ILR
Posted: Tue Sep 19, 2023 8:11 pm
by uhd4k
zimba wrote: ↑Tue Sep 19, 2023 2:04 pm
My point was to apply for ILR directly. No need for an extension. You apply early and delay the biometrics until the date that eligible for ILR. Read the link I posted carefully
If I apply on Sunday, December the 30th, i.e. 2 days before the BRP is no longer valid, then I would have to submit the biometrics no later than Wednesday, February the 14th. That would not make the threshold of 5 years minus 28 days. There would be 8 weeks missing.
Re: Gap Period between Dependent Visa and right to ILR
Posted: Tue Sep 19, 2023 9:09 pm
by zimba
what is the date of the initial visa?
Re: Gap Period between Dependent Visa and right to ILR
Posted: Tue Sep 19, 2023 9:40 pm
by CR001
zimba wrote: ↑Tue Sep 19, 2023 9:09 pm
what is the date of the initial visa?
uhd4k wrote: ↑Tue Sep 19, 2023 7:49 am
zimba wrote: ↑Tue Sep 19, 2023 12:50 am
ILR qualifying period starts from the first visa
issue date. The date of entry to the UK is irrelevant.
Thanks for the answer. I had a look at your previous help and am very happy for the person to have followed your advice.
A clarification, please. By "the first visa" are you referring to the "Valid-From" on the Entry Sticker put on the passport (
that'd be the 4th of April) or the date the BRP was issued (that'd be 6th of April)? There is no issue date on the Entry Sticker itself. Just a "Valid From " and "Valid To".
Thanks.
Re: Gap Period between Dependent Visa and right to ILR
Posted: Wed Sep 20, 2023 2:36 pm
by zimba
She will qualify on or after 7 March 2024. If you need to apply for an extension then you may delay the biometrics and apply under the standard service. Hopefully, this application will not be decided until 7 March 2024 when you can vary to ILR
Re: Gap Period between Dependent Visa and right to ILR
Posted: Thu Sep 21, 2023 6:57 am
by uhd4k
zimba wrote: ↑Wed Sep 20, 2023 2:36 pm
She will qualify on or after 7 March 2024. If you need to apply for an extension then you may delay the biometrics and apply under the standard service. Hopefully, this application will not be decided until 7 March 2024 when you can vary to ILR
BRP expires on the 1st of January 2024, so assuming we apply for visa extension online on Saturday December the 30th, that would mean we could book the biometry appointment no later than Monday, February the 12th. The hope is for them not to issue a response before March the 7th. That is a waiting time of 3 weeks and 3 days. I feel it is unlikely a response would come that fast. And this leads me to the question I would appreciate your help with:
Once I vary the visa extension to ILR, could I get buy the fast-track option to get a decision in a few days? Or is it only the standard service and 6 months waiting?
Re: Gap Period between Dependent Visa and right to ILR
Posted: Thu Sep 21, 2023 6:05 pm
by zimba
Variation of leave is simply the act of applying for the ILR application while the extension application is still pending. You may choose any visa service offered then
Re: Gap Period between Dependent Visa and right to ILR
Posted: Thu Sep 21, 2023 8:48 pm
by uhd4k
zimba wrote: ↑Thu Sep 21, 2023 6:05 pm
Variation of leave is simply the act of applying for the ILR application while the extension application is still pending. You may choose any visa service offered then
Thanks heaps for your help. I can't be grateful enough. I now understand that visa variation is just submitting a new application with reference to the older one. Therefore, it carries all the normal options with it.
There is however something confusing me regarding the start of period calculation for the ILR Application. Is the start date when the
ILR Application was submitted or when the
Visa Extension was submitted?
The confusing statement about Application the new (ILR) application is: "The application date will remain as the date you submitted the previous application."
Source:
https://www.gov.uk/guidance/vary-your-i ... pplication
Re: Gap Period between Dependent Visa and right to ILR
Posted: Fri Sep 22, 2023 2:20 am
by zimba
ILR qualifying period is not strictly dependent on the date of application. It is whether you qualify on the date of the decision. That is because you keep accumulating lawful residence time up to that point.
I explained it here in detail:
How to apply early and benefit from the date of the ILR decision ?
Re: Gap Period between Dependent Visa and right to ILR
Posted: Fri Sep 22, 2023 4:01 pm
by uhd4k
zimba wrote: ↑Fri Sep 22, 2023 2:20 am
ILR qualifying period is not strictly dependent on the date of application. It is whether you qualify on the date of the decision. That is because you keep accumulating lawful residence time up to that point.
Got it, and it makes absolute sense. One last question please, and it is based on your experience rather than your amazing knowledge. At this point in time, do you think there is a possibility that a decision about a Visa Extension Application would come within the first 4 weeks after it is lodged? That is the gap we would be waiting for before the variation to ILR. As a disclaimer, your answer is just an opinion. I take ownership of the decision and its consequences. Thanks heaps.
Re: Gap Period between Dependent Visa and right to ILR
Posted: Fri Sep 22, 2023 4:36 pm
by zimba
With standard service, it might be unlikely but again I can not say this with a high degree of confidence
Re: Gap Period between Dependent Visa and right to ILR
Posted: Fri Sep 22, 2023 5:57 pm
by uhd4k
zimba wrote: ↑Fri Sep 22, 2023 4:36 pm
With standard service, it might be unlikely but again I can not say this with a high degree of confidence
Yeah, the case is quite straightforward too, hence me being a bit nervous (the irony). Saying that, everywhere I read they talk about delays. Bottom line is even if I get the response before the variation, I would have lost the fees of Visa Extension, which I would lose anyway without variation, even though fees are increasing in October. Worth the try anyway.
I shall update this thread in 2024 with the outcome. Zimba, you should run for PM
Presence During application
Posted: Thu Nov 09, 2023 12:00 am
by uhd4k
Hi,
I have 2 questions, please.
I already obtained my ILR and soon my wife and kid will be applying for theirs based on their relationship with me. I know that an applicant must remain in the UK while a decision is being made for them.However:
1- Do I have to also be in the UK on the day my wife submits the application? Or is it ok if I am overseas at that time?
2- If I am in the country, do I have to remain in it while waiting for the decision about my family's application? or can I simply leave and return at will?
Thanks.
Re: Presence During application
Posted: Thu Nov 09, 2023 3:25 am
by zimba
You are free to travel as you wish
Re: Presence During application
Posted: Thu Nov 09, 2023 9:57 am
by uhd4k
zimba wrote: ↑Thu Nov 09, 2023 3:25 am
You are free to travel as you wish
Just to be clear. I can be overseas on the day my wife is submitting the application for her and our kid's ILR. Right?
Re: Presence During application
Posted: Thu Nov 09, 2023 10:06 am
by AmazonianX
uhd4k wrote: ↑Thu Nov 09, 2023 9:57 am
zimba wrote: ↑Thu Nov 09, 2023 3:25 am
You are free to travel as you wish
Just to be clear. I can be overseas on the day my wife is submitting the application for her and our kid's ILR. Right?
Yes, that is correct.
Income for Spouse ILR
Posted: Fri Nov 10, 2023 11:12 pm
by uhd4k
Hi,
I have my ILR and soon my wife and kid will be applying for theirs based on their relationship with me. My financial situation is well above the threshold over the last 12 months before her application submission. However, I may not have income in the end 2 months due to me leaving paid work and starting some new venture. Do I have to show monthly income until the day of application or is it ok that my pay slips stop 2 months before the application?
Thanks