ILR (Long Residency) Varing from Tier 1

[Ams2013]

Currently, my extension application for Tier 1 Entrepreneur is in the process and I am waiting for the decision, however, I will be completing my 10 years soon and I intend to vary for ILR long residency application.

Senior Members (specially Zimba) kindly advice with your expert opinion.

My Queries are;


1) Eligibility of ILR application if applied 28 days earlier of 10 Years Stay :
Can I apply for ILR 28 days earlier of my 10 years stay as my current visa has expired but I applied in-time application before the expiry of my visa so leaves should be extended by 3C rule until the day I intend to vary for the ILR application?

2) My previous Passport with the home office has expired:
My latest passport has expired while waiting for the decision and I have not received any correspondence to send a new passport. With the expired passport already in possession of home office can I apply for ILR on long-term residency route by varying my application from Tier 1 without the need of a new passport or do I need a new passport?

3) Appling through premium services
In above situations (1&2) If I am eligible to vary from Tier 1 to ILR and can I apply through premium same day services?

[CR001]

1. Yes you can apply withing 28 days of reaching 10 years residence counted from the date of ENTRY to the UK originally. Do you meet the absence requirement?

2. You need a valid passport.

3. Yes you can, but you are unlikely to get a decision on the day as your documents will not be available.

Do you have dependents with you in the UK?

[Ams2013]

Dear CR001 Thanks for your reply and further queries.

1) Absence are very minimal so thats not a problem however I was also under same impression that I can apply within 28 days of 10 years from the date of entry but some people has put doubt on it by saying that I CAN NOT apply 28 days earlier of 10 Yrs as my current visa has expired and this option (28 days earlier ) is only for those who has valid visa is that TRUE ?

2) Yes , I am planning to apply a new passport so that I can use it for ILR application.

3) I understand but this should be earlier comparing to someone applying by post and waiting for months.

4) I have 1 dependent and I will also vary their application once I get the ILR.

Please advise if you agree , Zimba88 could you also please share your thoughts !

[CR001]

1. Nonsense. Stop listening to 'some people' who clearly don't know what they are talking about.

3. Not necessarily so don't bank on a quick decision. Some people who applied in person and who didn't get a decision have waited a few months and paid premium fee for what became a postal application.

4. Did you apply for their PBS Dep visa extension with your? Dependent will have to apply on FLR(M), English SELT test required AND you MUST meet the financial requirement. This will reset your dependents clock to zero and a new 5 year route (2 x 2.5 year visas) before they will qualify for ILR (unless they reach 10 years LR first). If your ILR fails, FLR(M) will also fail.

[Ams2013]

4. Did you apply for their PBS Dep visa extension with your? Dependent will have to apply on FLR(M), English SELT test required AND you MUST meet the financial requirement. This will reset your dependents clock to zero and a new 5 year route (2 x 2.5 year visas) before they will qualify for ILR (unless they reach 10 years LR first). If your ILR fails, FLR(M) will also fail.

Yes, I applied pbs dep extension as well, I have been maintaing financial requirement for dep as well but what English test do the dep need I suppose its A1 SELT – GESE Grade 2 -Family life as a partner of a settled person (Spouse/Partner) ?

Also I understand if I vary to ILR (LR) then Dep will also have to vary for FLR(M) but if there is any way that dep can continue with PBS extension application even after I vary for ILR ?

[CR001]

Yes, I applied pbs dep extension as well, I have been maintaing financial requirement for dep as well but what English test do the dep need I suppose its A1 SELT – GESE Grade 2 -Family life as a partner of a settled person (Spouse/Partner) ?

A1 yes. For FLR(M) there is not 'maintenance fund' requirement. The financial requirement is that you must show evidence of earning at least £18,600pa.

Also I understand if I vary to ILR (LR) then Dep will also have to vary for FLR(M) but if there is any way that dep can continue with PBS extension application even after I vary for ILR ?

No she cannot continue as PBS dependent if you apply for ILR based on long residence. The rules don't permit it after the changes in April 2014. Switching to FLR(M) will also reset her clock to zero and a new 5 year route to ILR (2 x 2.5 year visas).

If your ILR LR fails, her FLR(M) will also fail.

[Ams2013]

A1 yes. For FLR(M) there is not 'maintenance fund' requirement. The financial requirement is that you must show evidence of earning at least £18,600pa.

Yes, I have been maintaing 18.6K requirement I meant , problem is dep's passport is with ho and to attend A1 test they (approved test centre) need to see passport what could be the best possible way to attend A1 test without presenting passport , if they can accept Driving Licence as photo ID ?