Few questions

[atier2guy]

Dear members,

Below are a few questions I'd appreciate some feedback on (my friend has a T2G, so this is relevant to me as well):

1- The policy guidance states that the gap between entry clearance and actually landing can be counted towards the qualifying period.
Her entry clearance date is June 24 2012, but she landed on July 22 2012.
So in theory she should be able to apply for ILR on May 27, and not wait until June 25, correct?
But her solicitor said that it's 28 days from landing.
That's a bit confusing given that I myself have read the policy on the ukvi website.
So are there exceptions to the policy that she should be aware of? Note that she was on ICT prior to the cooling off rule being introduced, then went back home and applied for T2G, and she's counting the time from that T2G onwards (including extensions) without ICT.

2- If she's used a uni degree as English proof back in previous applications, does she need to use that again or can she take a B1 exam? The degree is from outside the UK and it was on the points calculator, but the calculator is since gone and now getting a NARIC certificate is the new requirement.
A B1 exam seems like a quicker solution.
But can 2 different English language proofs be used or one has to use the same one used previously?

3- During the application, I assume no IHS is to be paid right?

4- In terms of documents that need to be submitted, are the below less / more or enough?
* P60 for 5 years
* Payslip for last 6 months
* LIUK
* B1
* Absence letter from employer
* Letter from employer confirming job and need for forseeable future
* Police registration
* Passports
* Photo

5- Premium appointments are usually available 6 weeks in advance right? But can the application be filled in earlier than 6 weeks and then appointment booked at a later date?

Thank you

[iworker]

1. he is wrong and u are right. May 27.
2. B1.
3. No IHS
4. Enough
5 Correct. Just check there is no new version of form just before attending the centre.

[atier2guy]

Thank you so much for your reply.

I'm sorry if I keep coming back with more questions, but this whole process is tiresome!

1- The SET O guidance from November 2016 (SET_O_-guidance-notes-11-16.pdf) states on page 4:

5. When to apply
You and any dependants applying with you should apply before the end of your/their permitted stay in the UK.
There is a qualifying period to complete in most of the categories on this form. It runs either from
 the date on which you entered the UK with a visa in the relevant category; or, if you did not enter the UK with such a visa, from
 the date on which you were first granted permission to remain in the UK in the relevant category.

It does not reference the ability to use the visa issue date, like the "ILR-continuous-periods-v13.pdf" document does.
Is this a discrepancy? which to go by?

2- She wants to book her online appointment, but it seems like the whole amount is required (i.e. both the £500 premium fee and £1875 application fee) at booking time.
If that's the case, the worry is that the SET(O) application form states the the payment page should be filled in otherwise the application will be considered invalid. So shall it be left blank or details of the card entered again, at the risk of being charged twice?

3- The application has many sections that are only relevant to other categories. Should she print all 88 pages anyway or just the relevant ones?

4- Section 5 (page 17) asks about personal finances. Should this be filled in for T2 route? For instance, 5.3 asks about net income per month. What to do if it varies depending on overtime? Just mention the basic salary and state that sometimes there is overtime on top?

5- Page 18 asks about "Number of hours this salary is based on" then "Number of weekly hours". What's the difference? Should the answer be the number of hours per week for both?

6- Page 18, question 5.6: "Complete the following table indicating the sources and levels of income as indicated in 5.1 - 5.5 that you and your partner are relying on to adequately maintain you and any dependants."
Should she add her husband's income as well? He's got ILR already and is not part of the application.

7- Page 21, question 6.1, date of first entry to the UK. Shall she use the first date of entry on Tier 2 general, or should she use the date of entry prior to these 5 years on a different route?

8- Page 28, question 7.13: "How long have you lived in the UK?", I assume this period would cover not just T2 general but the route before that too right?

9- Page 28, question 7.14: should she go into the details of the ties and specify the names of all people she knows? Or just state there are friends and relatives?

10- Can you confirm that pages 32 to 66 can all be left blank for T2 route? or maybe not even print off?

11- Very important question: no where in the form does it ask for the history of employment under T2. Are we missing anything? where do we specify previous employers, salaries, BRP or entry clearances?

12- Page 76, "Evidence of your finances. If you have to complete section 5", which brings back my question number 4 above. Who should fill in this section?

13- Pages 81, 82 and 83 (consent), should they both be signed? it seems like the second page is in case there are joint accounts used in the form (e.g. T1 applicants), and the third page for accounts relating to another person (e.g. T1 investor?). Should she sign all 3 anyway even if not applicable?

Thanks again

[atier2guy]

I know I may have asked way too many questions, but it'd really help if some of them are answered.

Thanks a lot

[atier2guy]

any idea please?

[krisv]

2. It can be left blank. I filled in Name, Address and the fees paid. I didnt provide card details. This pages was taken out of application form and handed to me at PEO.

3. I submitted all pages. Except for payment details all pages were passed on to caseworker.

4. You should only state basic income. This basic income should be higher than £35000. Payslip should usually provide breakdown of basic income and overtime.

5. I entered the same because my weekly hours were same as hours I worked.

6. 5.6 to 5.8 only applies if you are not able to meet appropriate rate of pay due to maternity, paternity, shared parental or adoption leave. No need to fill if none of this apply.

7. Date when Tier 2 begins.

8. Yes

9. Just Family & Friends would do. No need for names.

10. Can be left blank. I printed it out and keep it to keep the form whole.

11. No need to specify and there is no where to specify. HO can access your employment history under T2G.

12. The main applicant should. 3 months bank statement showing salary shown in payslip being paid is sufficient. Guidance for T2G to ILR only requires latest bank statement.

13. If salary is not being paid into joint account, then only sign page 81.

[atier2guy]

Thank you for your feedback krisv!

I forgot to include an important question:

It seems the consensus is that the visa issue date plus 5 years minus 28 days can be used as application date.

So if visa was approved on June 24 2012, but she landed on July 22 2012, then she can apply May 27 2017.

However, would the start date on the original CoS make any difference?

In other words:
- She was in the UK on a valid visa (different route)
- She travelled back home beginning of June 2012 while that visa was active, and applied for Tier 2 General.
- The start date on that CoS was July 22 2012
- Her visa was approved on June 24 2012, and this is the date the vignette shows

Does that means she can still apply 28 days prior to visa issue date of June 24 2012? Or because the CoS start date was July 22 2012, then she has to apply 28 days prior to July 22 2017?

Very confusing

CR001, iworker, Casa ?

[CR001]

CoS date is irrelevant.

28 days before visa issue date is the one you use as a Tier 2 General main visa holder.

[atier2guy]

Thank you CR001. Very helpful as always.

What do you think about what I stated in point number 1?

The SET O guidance from November 2016 (SET_O_-guidance-notes-11-16.pdf) states on page 4:

5. When to apply
You and any dependants applying with you should apply before the end of your/their permitted stay in the UK.
There is a qualifying period to complete in most of the categories on this form. It runs either from
 the date on which you entered the UK with a visa in the relevant category; or, if you did not enter the UK with such a visa, from
 the date on which you were first granted permission to remain in the UK in the relevant category.

Seems to conflict with the continuous period calculation document, which talks about visa issue date.
The SET O guidance does not mention it at all It only mentions entry date for entry clearance, and issue date for leave to remain.
Is it outdated? It makes no reference to issue date for entry clearance.

One final question on top:
If she applies 28 days before entry clearance issue date, and for some reason the ECO refuses it due to being early, what to do in that case? Can she explain herself at the appointment and reference the rule in the continuous period document, despite the fact the guidance does not mention it?
The application fee is too high!

[CR001]

She is a pre 9th July 2012 PBS dependent. She only requires 2 years residence to qualify for ILR and it would be the most recent 2 years.

[atier2guy]

CR001, I believe your reply was meant for another post?
My friend is T2 general and not tied to her husband's ILR or previous visa.

I'm referencing the fact the SET O guidance does not mention entry clearance issue date, but rather only leave to remain issue date.

[CR001]

See page 18 onweards in the link below

https://www.gov.uk/government/uploads/s ... ds-v13.pdf

[atier2guy]

Hi CR001, Yes I fully agree with you on the continuous period document (https://www.gov.uk/government/uploads/s ... ds-v13.pdf) which states:

The period between entry clearance being issued and the applicant entering the UK may be
counted toward the qualifying period. Any absences between the date of issue and entry to
the UK are considered an allowable absence. This period will count towards the 180 days
allowable absence in the relevant 12 month period. The applicant does not need to provide
evidence to demonstrate the reason for delayed entry.
If the delay is more than 180 days, you can only include time after the applicant entered the
UK in the continuous period calculation.

But it seems to me there is a conflict in the wording with the guidance (https://www.gov.uk/government/uploads/s ... -11-16.pdf) which states on page 4:

You and any dependants applying with you should apply before the end of your/their permitted stay
in the UK.
There is a qualifying period to complete in most of the categories on this form. It runs either from
 the date on which you entered the UK with a visa in the relevant category; or, if you did not
enter the UK with such a visa, from
 the date on which you were first granted permission to remain in the UK in the relevant category.

Do you think the guidance is not up to date?

[CR001]

The guidance is just that, a guide and a snap shot of the rules.

The continuous residence document is the caseworker instructions.