Visa Grant date for 5 year continuous period

[jinunicha]

Hi All,

Hope everyone is doing well.

Me and my family will be applying ILR soon. Could I please verify some questions:
-- When does the 5 year continuous period start? Date of COS issued or Date when the visa is issued? If you have references, please send me the link.
-- Under Section 3.1, will I (main applicant) only tick Tier 2 Migrant and not tick Tier 2 Dependent (for my dependents)?
-- I've gained a degree in the UK, will that except me from the SELT requirement?
-- I've first applied on Tier 2 on a different soc code and since then it was changed. Should I use the new SOC code during the ILR application?
-- under section 6.1, it asks when I entered the UK. But I entered here on a different visa which is not counted on the ILR route. Should I state here that date even it is not counted?
-- under section 6.2, do we add the leaves here even though at that period we are on a different category which is not covered by the ILR.
-- under section 6.12, will I enter my husband's entry as when he first arrived here on a different category? On the same question, my son was born here but we applied him for a visa. Do we put in the date of when he entered the country using the visa or leave as blank since he was born here?
-- as per "Calculating the specified continuous period" document, does this mean I can apply for ILR 28 days before the date when I'm officially 5 years on tier 2?https://www.gov.uk/government/uploads/s ... 6.0EXT.PDF

You're quick response is highly appreciated.

Many thanks!

Kind Regards,

Jin

[CR001]

-- When does the 5 year continuous period start? Date of COS issued or Date when the visa is issued? If you have references, please send me the link.

Visa issue date. CoS is only the first step before applying for a visa. The link you already posted has the information about calculating continuous period.

-- I've gained a degree in the UK, will that except me from the SELT requirement?

Yes. What is your spouse submitting as proof of meeting the English requirement (assuming she meets the 5 years residence period)?

-- I've first applied on Tier 2 on a different soc code and since then it was changed. Should I use the new SOC code during the ILR application?

Current situation.

-- under section 6.1, it asks when I entered the UK. But I entered here on a different visa which is not counted on the ILR route. Should I state here that date even it is not counted?

Not sure, presumably the date at the start of this qualifying period.

-- under section 6.2, do we add the leaves here even though at that period we are on a different category which is not covered by the ILR.

Yes for the 5 years you are applying under.

-- under section 6.12, will I enter my husband's entry as when he first arrived here on a different category? On the same question, my son was born here but we applied him for a visa. Do we put in the date of when he entered the country using the visa or leave as blank since he was born here?

Not sure, presumably the date at the start of this qualifying period. Are you planning on registering your UK born child as British??

-- as per "Calculating the specified continuous period" document, does this mean I can apply for ILR 28 days before the date when I'm officially 5 years on tier 2?https://www.gov.uk/government/uploads/s ... 6.0EXT.PDF

Yes.

[jinunicha]

Thanks CR001.

Visa issue date. CoS is only the first step before applying for a visa. The link you already posted has the information about calculating continuous period.
-- This is the confusing bit, my COS was given March and the BRP states that my expiration is April. Based on that I was given 3 years and 14 days. Verified with the case worker that my visa started when the COS was issued. Yet again, based on the link I can apply 28 days before I get to the 5 year anniversary, is that right?

Yes. What is your spouse submitting as proof of meeting the English requirement (assuming she meets the 5 years residence period)?
-- he already took a SELT exam which is a bit annoying, cause they changed this again from the previous ILR requirements. He can also apply for 10 year, but choose not to.

Not sure, presumably the date at the start of this qualifying period.
-- this I'm not sure as well.

Not sure, presumably the date at the start of this qualifying period. Are you planning on registering your UK born child as British??
-- not sure as well on this. Re child, no since both parents are not citizen or on ilr. Also we got him a passport of our country and went home one time. So I'm not sure if he qualifies or which entry date to set since he was born here.

Many Thanks,

Jin

[CR001]

Visa issue date. CoS is only the first step before applying for a visa. The link you already posted has the information about calculating continuous period.
-- This is the confusing bit, my COS was given March and the BRP states that my expiration is April. Based on that I was given 3 years and 14 days. Verified with the case worker that my visa started when the COS was issued. Yet again, based on the link I can apply 28 days before I get to the 5 year anniversary, is that right?

28 days before reaching 5 years, calculated from the visa start date and NOT the CoS issue date. Visa and CoS are two separate things.

Yes. What is your spouse submitting as proof of meeting the English requirement (assuming she meets the 5 years residence period)?
-- he already took a SELT exam which is a bit annoying, cause they changed this again from the previous ILR requirements. He can also apply for 10 year, but choose not to.

What do you mean change? It has always been B1 for ILR. If he had a test, when did he do it and which test was it? As a PBS Dependent, he was not required to meet the English requirements for dependent visa applications.

Not sure, presumably the date at the start of this qualifying period. Are you planning on registering your UK born child as British??
-- not sure as well on this. Re child, no since both parents are not citizen or on ilr. Also we got him a passport of our country and went home one time. So I'm not sure if he qualifies or which entry date to set since he was born here.

A UK born child has an entitlement to register as British once EITHER parent get ILR. The child DOES NOT need ILR in order to register as British.

[jinunicha]

Thanks CR001.

What do you mean by this:
A UK born child has an entitlement to register as British once EITHER parent get ILR. The child DOES NOT need ILR in order to register as British.

-- would you be able to reference any documentation stating this?
-- Please note that we did get him a passport from our country in order for us to go home and have a vacation. So would that still entitle him to not need to apply for ILR? We also got him a visa in order for him to go home.
-- Would this mean that me and my husband only need to apply ILR?

Re: PBS Dependent, when we applied before we looked at the ILR application and it stated there that a previous IELTS exam can be used (even expired) if it was used on a previous application. This was two years ago, so they have changed it.

Kind Regards,

Jin

[CR001]

Thanks CR001.

What do you mean by this:
A UK born child has an entitlement to register as British once EITHER parent get ILR. The child DOES NOT need ILR in order to register as British.

-- would you be able to reference any documentation stating this? british-citizenship/citizenship-faqs-co ... l#p1343774 and https://www.gov.uk/government/publicati ... n-form-mn1

-- Please note that we did get him a passport from our country in order for us to go home and have a vacation. So would that still entitle him to not need to apply for ILR? We also got him a visa in order for him to go home. This makes no difference to his entitlement to be registered as British once either parent gets ILR.

-- Would this mean that me and my husband only need to apply ILR? Yes.

Re: PBS Dependent, when we applied before we looked at the ILR application and it stated there that a previous IELTS exam can be used (even expired) if it was used on a previous application. This was two years ago, so they have changed it. As a PBS Dependent, your spouse was not required to prove English so where has your spouse used IELTS in a 'previous application' and what level was it.

Kind Regards,

Jin

[jinunicha]

Thanks CR001.

Could I please verify that exactly, the wording on the link for MN1 is:
Your parent has become a British citizen or settled since your birth
You can register to become a British citizen if you fulfil all of the criteria:

you were born in the UK on or after 1 January 1983
you’re under 18 when you apply
one of your parents has become a British citizen or settled in the UK since you were born

We are having a debate here (family) since it says since you were born? So does that mean we should have been on ILR or Citizen when he was born and he could apply to this route?

If we can apply for this route, how long does this usually take?

Many thanks!

Kind Regards,

Jin

[CR001]

Thanks CR001.

Could I please verify that exactly, the wording on the link for MN1 is:
Your parent has become a British citizen or settled since your birth
You can register to become a British citizen if you fulfil all of the criteria:

you were born in the UK on or after 1 January 1983
you’re under 18 when you apply
one of your parents has become a British citizen or settled in the UK since you were born

We are having a debate here (family) since it says since you were born?

So does that mean we should have been on ILR or Citizen when he was born and he could apply to this route? No it does not mean that!!

If we can apply for this route, how long does this usually take?

Many thanks!

Kind Regards,

Jin

Did you miss the bit that I have enlarged???

Since you were born meaning AFTER your birth.

[jinunicha]

Thanks CR001.

It was a clarification only as my husband was referring it that "since you were born". I got clarification on that on the document below:
https://www.gov.uk/government/uploads/s ... y_2017.pdf

Under Children born in the UK – Section 1(3) and 1(3A) application, clearly states that.

How long does this application take usually?

Kind Regards,

Ven

[CR001]

How long does this application take usually?

Anywhere between a couple of months to 6 or 7 months.

If you apply through NCS at the Council, you can apply for the child's citizenship and passport at the same time. You will also be able to keep all your original documents.

[jinunicha]

Thanks CR001.

Could I please verify what would the visa status of my son in the event that we get an ILR and plan to get him to the get his citizenship/passport instead? Would my application to ILR when approved invalidate his visa as my dependent?

Kind Regards,

Jin

[CR001]

Could I please verify what would the visa status of my son in the event that we get an ILR and plan to get him to the get his citizenship/passport instead?

Depends on the expiry date of his visa. But even if it expires, he will not be considered an overstayer for his citizenship application.

Would my application to ILR when approved invalidate his visa as my dependent?

No.

[jinunicha]

Thanks for all the information CR001. Much appreciated!

Kind Regards,

Jin

[jinunicha]

Hi,

Could I please seek some help on this?

Situation:
I came here in the UK under Tier 4 and was granted Tier 1 PBS right after and was able to get work under the same visa. Was later granted a COS on end of March 2013 and applied for Tier 2 on the same month. I received my BRP stating that this was issued May 2013, but the validity is up to April 2016. On the end of March 2016, was able to get another COS and re applied for Tier 2 extension. Granted a validity of until April 2019.

Question:
1. When is the date which I will use to say as the start date for the 5 year continuous period in the UK? Will it be date my COS was given or is it April 2013 since the validity of the visa stated this? Note: I was on the old Tier 2 program(this has change now), which the old guidance says:
**Tier 2 Policy Guidance Version 12/2012)**
Leave to Remain if your initial grant of leave
in Tier 2 is on or after 6 April 2011
We will grant leave:
i. for 3 years plus 14 days from the
start date given on your Certificate of
Sponsorship; or
ii. to the end date given on your Certificate
of Sponsorship plus 14 days; or
iii. the period of time you need to take
your total leave granted in Tier 2 to 6
years (counted from the date you were
first granted entry clearance or leave to
remain).
whichever is the shorter period.
**end**

2. I came here as Tier 4, should I use this date when I first arrived under section 6.1 of the Set O form version 01/2018?

3. Will the Tier 1 HS PBS count as part of the 5 year continuous period in the UK?

Any help you would provide is much appreciated.

Kind Regards,

Jin

[CR001]

There is no need to keep starting new topics asking similar questions.

Your 5 years starts from the date your Tier 2 visa was issued and NOT from the COS issue date.

Kindly also please refrain from posting in fancy fonts, it is very difficult to read.

[jinunicha]

Thanks CR001 and apologies for reposting. But we could not determine when the first visa was granted or issued. If the expiration of the visa is the basis, then the issue date is April 2013. Is this correct?

Kind Regards,

Jin

[CR001]

Surely you have HO letters or the previous visa or copy of BRP card to show the date the visa was issued?

We cannot 'guess' what the date was.

[jinunicha]

The BRP states that the place and date of issue is UK May 2013. Expiration is April 2016, so that is less than 3 years. But if you refer to the date when the COS was given (March 2013), the validity of the visa is 3 years and 14 days.

The extension also has an expiration of April 2019. So if we base it to the BRP place and date of issue, that makes less than 6 years.

If I refer to the valid till April 2019 and count back, then the issue date is April 2013 if max 6 years is given. And it would be 6 years and 14 days if based on the COS issue date.

Kind Regards,

Jin

[CR001]

You are confusing yourself. You count from the visa start date and for ILR you only need 5 years residence to qualify for ILR.

For ILR, you must ignore the CoS star date and focus only on the date the visa was actually granted.

[jinunicha]

Thanks CR001. That is what we are trying to identify, when is the 5 years. The letter from the HO(before) is also showing May 2013 when they sent us confirming that our application was approved. We are planning to apply, but don’t what to calculate the wrong date, and we are in need to apply April so that we would fit our planned annual leave within the year.

We are just ensuring that the grant date is not the same as the BRP issue date and wont get questioned on application.

Kind Regards,

Jin