ILR application earliest

[Mag83]

Hi,

Below is my visa status details kindly advice:

1. I received Tier 2 Employer sponsored visa on Jan 2013.
2. I was made redundant in Dec 2013. Employer informed to the home office on Jan 2014 And received curtailment leave from UKBA until end of May 2014 to look for a new sponsor. Luckily I got a new sponsor within that period and applied for Tier 2 General visa.
3.My current Tier 2 Visa for new employer received until the end of Jan 2019.
4. I passed Life in the UK test last year.( I hope there is no expiry date)

I am planning to apply for ILR. Few friends said I can apply 28 days before completing 5 years. Please, Can anyone advice on when I am eligible to apply for ILR at the earliest.

I also wanted to check if my curtailment leave is also included in 5-year criteria.

Many Thanks in advance.
Mag

[zimba]

The 60 days is counted from the last day of your previous employment to the day you applied for a new Tier 2 application. The 60 days has nothing to do with the curtailment letter. HO will check with HMRC to get your last day of employment to count the 60 days.
So your previous Tier 2 period and the subsequent curtailment period must be ignored.

Recent case: indefinite-leave-to-remain/ilr-approval ... 42185.html

[Mag83]

Thank you for your quick reply.

My Previous employer informed HO regarding my redundancy on 3 Jan 2014. I received curtailment letter on 31st March 2014 and it was mentioned I can search for new sponsor & apply for Tier 2 within an end of May 2014. I submitted my new tier2 application on 28 May 2014. I applied within that curtailment time. My new sponsor visa came on the end of June 2014.

I have few doubt please can you clarify in detail as I would like to go for a premium application. I was not on job from Jan 3 to until I made a new application for my new sponsor. Is that this Gap is counted or not counted under 5-year category?

Many Thanks in Advance,
Mag

[CR001]

There are two separate 60 days processes.

1. 60 days employment gap, which is written in the immigration rules. This is calculated from the date of your last employment to the date of a new application submission.

2. 60 days curtailment letter takes a couple/few of months to be sent out (across all visa categories and is not specific to Tier 2) and this letter basically reduces the validity of your visa (if it is valid for more than 60 days) and you must either make an application within this time or leave at the end of the 60 days. It effectively tells you that after 60 days from date of the letter, your visa will be cancelled and you will be an overstayer.

[Mag83]

Hi,

Thank your information. Please can you clarify little bit more that when I can apply for ILR.

Below is my visa status details:

1. I received initial Tier 2 Employer sponsored visa on Jan 2013.
2. I was made redundant in Dec 2013. Employer informed to the home office on Jan 2014 And received curtailment leave from UKBA until end of May 2014 to look for a new sponsor. Luckily I got a new sponsor within that period and applied for Tier 2 General visa by last week of May2014.
3.My current Tier 2 Visa for new employer received until the end of Jan 2019.
4. I passed Life in the UK test last year.( I hope there is no expiry date).

Kindly let know if I can apply in Jan 2018 or do I need to wait for 6 more months and apply in May /June 2018.

Thank & Regards
Mag

[makky86]

Hi,

Thank your information. Please can you clarify little bit more that when I can apply for ILR.

Below is my visa status details:

1. I received initial Tier 2 Employer sponsored visa on Jan 2013.
2. I was made redundant in Dec 2013. Employer informed to the home office on Jan 2014 And received curtailment leave from UKBA until end of May 2014 to look for a new sponsor. Luckily I got a new sponsor within that period and applied for Tier 2 General visa by last week of May2014.
3.My current Tier 2 Visa for new employer received until the end of Jan 2019.
4. I passed Life in the UK test last year.( I hope there is no expiry date).

Kindly let know if I can apply in Jan 2018 or do I need to wait for 6 more months and apply in May /June 2018.

Thank & Regards
Mag

provide just 2 things

- Last day with the employer A (Where you got redutatnt )
- Date of application for T2 with new employer

[Mag83]

Hi,

Last day with the employer A (Where you got redundant) - 23 Dec 2013
Date of application for T2 with new employer - 28 May 2014

Thanks
Mag

[zimba]

Hi,

Thank your information. Please can you clarify little bit more that when I can apply for ILR.

Below is my visa status details:

1. I received initial Tier 2 Employer sponsored visa on Jan 2013.
2. I was made redundant in Dec 2013. Employer informed to the home office on Jan 2014 And received curtailment leave from UKBA until end of May 2014 to look for a new sponsor. Luckily I got a new sponsor within that period and applied for Tier 2 General visa by last week of May2014.
3.My current Tier 2 Visa for new employer received until the end of Jan 2019.
4. I passed Life in the UK test last year.( I hope there is no expiry date).

Kindly let know if I can apply in Jan 2018 or do I need to wait for 6 more months and apply in May /June 2018.

Thank & Regards
Mag

It seems you did not read what I said above or the case I provided.
Your continuous period was broken in 2014 as you applied more than 60 days of leaving your first employment. You can apply for ILR not earlier than 30 April 2019 when your are within 28 days of completing your final unbroken continuous 5 years. You do not have valid visa until then.
As you cannot remain on Tier 2 visa for more than 6 years, you cannot extend the Tier 2 visa beyond Jan 2019 and you will face issues with your ILR under Tier 2.

[makky86]

Hi,

Last day with the employer A (Where you got redundant) - 23 Dec 2013
Date of application for T2 with new employer - 28 May 2014

Thanks
Mag

You have more than 60 days between the employers. Unfortunately your clock was reset on 28th May 2014 that means you are eligible to apply for ILR 28 days prior to 28th May 2019.

I don't think so you can get to that date since T2 is max for 6 years.

[Mag83]

Hi all,

I came across the below rule. Please, can anyone advise if I am eligible to apply for ILR in Jan 2018 based on my above mentioned visa status earlier.

indefinite-leave-to-remain/great-news-6 ... 44892.html

Thanking you in advance for your help.

Regards
Mag

[makky86]

Hi all,

I came across the below rule. Please, can anyone advise if I am eligible to apply for ILR in Jan 2018 based on my above mentioned visa status earlier.

indefinite-leave-to-remain/great-news-6 ... 44892.html

Thanking you in advance for your help.

Regards
Mag

As per my understanding this rule is being removed post 11th Jan 2018 so you will be able to apply for ILR even with gaps more than 60 days.

[Mag83]

Hi Makky,
Thank you so much for your prompt reply. So Can I go ahead an apply after Jan 12th? Hope It Won't get rejected right?

Thanks,
Senthil

[makky86]

Hi Makky,
Thank you so much for your prompt reply. So Can I go ahead an apply after Jan 12th? Hope It Won't get rejected right?

Thanks,
Senthil

Yes. Again this is my personal interpreation.

To be 100% sure consult regulated solicitor

http://home.oisc.gov.uk/how_to_find_a_r ... inder.aspx

[Mag83]

Thank you so Much Makky ...!
Thanks & Regards,
Mag

[Mag83]

Hi,

Wish you all Happy New Year!!

Please, can anyone let me know if absent letter from previous employer and current employer is required to apply for ILR.

I can get it from my current employer, but it is difficult to get from my previous employer.

What details are required to be included in the absence letter? Is it ok to include the absence taken during travelling outside the UK? Do we need to include Inside UK holiday as well?

Appreciate your quick reply.

Thanking you in advance

Regards
Mag

[Mag83]

Hi all,

Thank you very much for all your guidance. I received my ILR yesterday. My wife is onTier 2 dependant visa and the visa valid until Jan 2019. She will be completing her 5 years in Sep 2018. Please let me know if there is any rule change and can my wife be on Tier 2 dependant visa until she completes 5 years in the UK.

Also, our baby was born in the UK and she is 1 year old. Please let us know what is the process for applying for the British passport.



Thanks & Regards
Mag

[vinny]

Wife may apply for SET(O) when eligible.
Child entitled to register now. Use JCAP.

[Mag83]

Hi,

Thank you very for quick reply Vinny.

We got an Indian passport for the baby due to we had to travel to India. Please let us know if we have to fill in MN1 form link provided below and We hope we will qualify through JCB route for the baby. Please, can you clarify.

https://www.gov.uk/government/uploads/s ... -01-18.pdf

We also have surrender Indian passport of the baby. Please let us know the process.

Thanks & Regards
Mag

[vinny]

Yes. That's the correct form. UK born child registers under Section 1(3) of the British Nationality Act 1981.

[Mag83]

Thank you Vinny

[Mag83]

Hi ,


I got following doubts while filling in the online form, please can anyone help with it. This application is for the baby. So we were entering the details. Got the following questions

Choose which category to apply under. You are a child under 18 and: You were born in the UK
One or both your parents are settled in the UK
Are either of the parents of the child (as stated in this application) applying for naturalisation as a British citizen on an AN form? No (as my husband just got ILR recently and I am eligible for ILR Later)
Have you had settlement in the UK? Yes Please can you confirm if i selected the right option or I have to select no?

What type of settlement do you have? Indefinite leave to remain (ILR)

Date you gained settled status in the UK
Have you lived at your current address for 5 years? - She born in 2016 so less than one year in this address and no other previous address

Thaks & Regards
Mag

[Lynz1988]

Hi,

Wish you all Happy New Year!!

Please, can anyone let me know if absent letter from previous employer and current employer is required to apply for ILR.

I can get it from my current employer, but it is difficult to get from my previous employer.

What details are required to be included in the absence letter? Is it ok to include the absence taken during travelling outside the UK? Do we need to include Inside UK holiday as well?

Appreciate your quick reply.

Thanking you in advance

Regards
Mag

Hi Mag

Were you able to get a letter from your previous employer or were you successful without this? I am curious as I am now gathering documents for my ILR towards the of October this year (I too, lost my job at one point however, I had less than 60 days between jobs...not that it matters as this rule has been removed entirely now!) but I am fearing that getting documentation/a letter from my previous employer will be difficult at best (we departed on rather negative terms and has recently been acquired by another company with many employees leaving).

I am thinking I might need to do a FOI/SAR and then provide backups of bank statements and/or payslips (thankfully I was given an actual hard copy of my pay stubs from my previous company and I think I've got all of them). I've calculated that I was out of the country for an approximate total of 39 days from 2013-2015 with 12 of those days being work-related (what can I say...I did many "staycations" as I was saving to do a Masters degree)