Applying for ILR after extension - in person? dependent? time?

[sky_rise]

hi all,

thank you for being so helpful on many occasions!

Here is my brief timeline:

- May 2013 - initially got my T1E (50k PSW route) in country
- May 2016 - applied for an extension for 2 years and continued employing staff
- Oct 2016 - got an extension valid till Oct 2018
- Oct 2017 - switched my partner to be my dependent (from Tier 2) with visa valid till Oct 2018

I have a few questions - please help:

- Can I apply for ILR set (O) in May 2018, given that it would be 5 years total on the route and I have qualified for the total of 2 full time jobs equivalent employment creation in the period between May16 and May18?

- Can I apply in person as premium?

- When I apply for ILR set (O), does my partner need to switch with me? if yes, at what point in timeline and into which dependent/ spouse category? My understanding is that she is not due for ILR as she has jus changed visa category and been here less than 10 years total.

Thank you very much,

SR

[CR001]

hi all,

thank you for being so helpful on many occasions!

Here is my brief timeline:

- May 2013 - initially got my T1E (50k PSW route) in country
- May 2016 - applied for an extension for 2 years and continued employing staff
- Oct 2016 - got an extension valid till Oct 2018
- Oct 2017 - switched my partner to be my dependent (from Tier 2) with visa valid till Oct 2018

I have a few questions - please help:

- Can I apply for ILR set (O) in May 2018, given that it would be 5 years total on the route and I have qualified for the total of 2 full time jobs equivalent employment creation in the period between May16 and May18?

- Can I apply in person as premium? There is no in person option for T1E to ILR. Postal only.

- When I apply for ILR set (O), does my partner need to switch with me? if yes, at what point in timeline and into which dependent/ spouse category? My understanding is that she is not due for ILR as she has jus changed visa category and been here less than 10 years total. She needs to extend her current visa before it expires as PBS Dependent.

Thank you very much,

SR

[sky_rise]

hi all,

thank you for being so helpful on many occasions!

Here is my brief timeline:

- May 2013 - initially got my T1E (50k PSW route) in country
- May 2016 - applied for an extension for 2 years and continued employing staff
- Oct 2016 - got an extension valid till Oct 2018
- Oct 2017 - switched my partner to be my dependent (from Tier 2) with visa valid till Oct 2018

I have a few questions - please help:

- Can I apply for ILR set (O) in May 2018, given that it would be 5 years total on the route and I have qualified for the total of 2 full time jobs equivalent employment creation in the period between May16 and May18?

- Can I apply in person as premium? There is no in person option for T1E to ILR. Postal only.

- When I apply for ILR set (O), does my partner need to switch with me? if yes, at what point in timeline and into which dependent/ spouse category? My understanding is that she is not due for ILR as she has jus changed visa category and been here less than 10 years total. She needs to extend her current visa before it expires as PBS Dependent.

Thank you very much,

SR

Thanks very much. So my partner does not need to switch to spouse category, even though i would not be on pbs route anymore? doe it also mean that i do not need to show supporting funds from my side?

many thanks

SR

[CR001]

Correct yes. You do have to show maintenance funds though. See link below for the rules regarding PBS dependents.

dependants-of-ilr-economic-5-year-route-applicants (click)

[sky_rise]

Correct yes. You do have to show maintenance funds though. See link below for the rules regarding PBS dependents.

dependants-of-ilr-economic-5-year-route-applicants (click)

many thanks, this is useful.

Another available option to me in this case: I am due to become eligible to apply for ILR on 10 years, in March 2018, earlier than on T1E route. Please can you help me to understand?

- I can apply in person same day then in March 2018 on 10 years route (that way i do not need to wait for unknown period for postal on ILR Entrepreneur)?
- What happens to my partner - when does she then need to switch, and to what category?

thank you so much,

SR

[sky_rise]

hi all, any thought on the above please?

[CR001]

Yes you can apply in person for long residence ILR.

If you apply for ILR via long residence route, your dependent will have to switch to FLR(M) and a new 5 year route to ILR (2 x 2.5 year visas) meeting English and finanicial requirements.

[sky_rise]

Yes you can apply in person for long residence ILR.

If you apply for ILR via long residence route, your dependent will have to switch to FLR(M) and a new 5 year route to ILR (2 x 2.5 year visas) meeting English and finanicial requirements.

many thanks. if i may:

- when does the partner need to switch? (when i get the ILR or when her current dependent visa expires? is there flexibility on this?)
- since i am running my own business and do not necessarily pay myself £18600 on payroll - what is the rule here?

thank you so much

SR

[CR001]

She should switch, ideally, sooner rather than later, but can remain on her PBS dep visa provided she has no travel plans outside the UK.

You need to prove your or her income, meets the £18,600pa. There is no discretion on this.

How long has she been in the UK and on what visas?

[sky_rise]

She should switch, ideally, sooner rather than later, but can remain on her PBS dep visa provided she has no travel plans outside the UK.

You need to prove your or her income, meets the £18,600pa. There is no discretion on this.

How long has she been in the UK and on what visas?

Thank you very much CR001.

- So unless she switches, she can not travel outside UK, clear. That means, she can switch at any time until expiry of her current visa, there is no immediate requirement and this does not breach rules?
- Because i run own business, is there a way to show £18,600 in other way, e.g. dividends payout etc? If not, how many months' payslips do i need to show? is it the whole year that paid £18600, or "on course for that", i.e. last 3/6 months?
- She has beed on study, psw, tier 2 visas for the past 7 years.

thank you very much

SR

[CR001]

You would likely need to show 12 months evidence of your income if you are using self employment. If she works and meets the required income level, she can use only her income too.

[sky_rise]

You would likely need to show 12 months evidence of your income if you are using self employment. If she works and meets the required income level, she can use only her income too.

Many thanks CR001.

I have two options:
- I can increase my salary from now on to ensure that over the 12 months just before the application, this would be a total of 18600 earned (is this what they are looking for - the 12 months most recent payslips just before the application for spouse visa that will make 18600 in total at least?)
- Or, i can employ my partner and pay her some salary to make up a combined 18600 salary for the "household" - is that an option?
- Which one might be best?

regards

SR

[sky_rise]

Hi all, will appreciate your help.

- Received initial in-country T1E in May 2013 (PSW route, in country, 50k)
- Applied for extension in May 2016
- Received extension in Oct 2016 (after around 5 months waiting).

I would like to apply for 5 years ILR around May (around 28 days before 5 years kicks in).

A few questions I have:
- I continued employing people during the consideration period (May -October 2016) – can I claim those hours towards my 12months of maintaining equivalent two full time employees during May 2016-May 2018?
- If I can not, that means I can only count on my employment created during Oct 2016 – May 2018 (1.5 years basically) – this would mean I need to have equivalent of 2 full time posts existing in this 1,5 years?

Will appreciate your advice. I suppose a few members would have similar issue.

Thanks

SR

[CR001]

Topics merged. Kindly keep all ILR questions in your existing topic (this one) in the ILR sub forum.

[sky_rise]

Topics merged. Kindly keep all ILR questions in your existing topic (this one) in the ILR sub forum.

thank you CR001, noted.

[sky_rise]

Hi all, will appreciate your help.

- Received initial in-country T1E in May 2013 (PSW route, in country, 50k)
- Applied for extension in May 2016
- Received extension in Oct 2016 (after around 5 months waiting).

I would like to apply for 5 years ILR around May (around 28 days before 5 years kicks in).

A few questions I have:
- I continued employing people during the consideration period (May -October 2016) – can I claim those hours towards my 12months of maintaining equivalent two full time employees during May 2016-May 2018?
- If I can not, that means I can only count on my employment created during Oct 2016 – May 2018 (1.5 years basically) – this would mean I need to have equivalent of 2 full time posts existing in this 1,5 years?

Will appreciate your advice. I suppose a few members would have similar issue.

Thanks

SR

Will appreciate an update on this from members of the forum?

[sky_rise]

Hi all, will appreciate your help.

- Received initial in-country T1E in May 2013 (PSW route, in country, 50k)
- Applied for extension in May 2016
- Received extension in Oct 2016 (after around 5 months waiting).

I would like to apply for 5 years ILR around May (around 28 days before 5 years kicks in).

A few questions I have:
- I continued employing people during the consideration period (May -October 2016) – can I claim those hours towards my 12months of maintaining equivalent two full time employees during May 2016-May 2018?
- If I can not, that means I can only count on my employment created during Oct 2016 – May 2018 (1.5 years basically) – this would mean I need to have equivalent of 2 full time posts existing in this 1,5 years?

Will appreciate your advice. I suppose a few members would have similar issue.

Thanks

SR

dear members,

i will appreciate your help as this is an urgent case for me:

I continued employing people during the consideration period (May -October 2016) – can I claim those hours towards my 12months of maintaining equivalent two full time employees during May 2016-May 2018? Or not?

thank you,

SR