Required documents inconsistent between UKVI and online advice

[Tassadar]

Hi everyone,

I have a few questions on the timing of my ILR application.

I was in the UK on a Tier 4 student visa, before applying for a Tier 2 (General) work visa. The start date at my company was 09/08/17 but the letter (and BRP) has a granted/issue date of 25/06/17.

I then changed employers and got the new Skilled Worker visa. The work start date was 30/04/20 but the date of issue on my BRP is 04/10/20 (my application was approved prior to starting the new job but there was a "technical issue" that delayed the production of my BRP).

Questions:
1. Does my 5 years start on the granted/issue date of my first Tier 2 (General) work visa or the date I actually started my employment?
2. Does the ILR clock reset when changing from the Tier 2 (General) work visa to the Skilled Worker visa?
3. I understand that it can take up to 6 months to process an ILR application. Does the 1 year timer for citizenship start from when the application was submitted, or when it was approved (up to 6 months later)?
4. I understand that I can submit my application 28 days prior to the "5 year anniversary" of my first Tier 2 (General) grant date (i.e. 28/05/22). If I pay for super priority service and the application is assessed prior to the 5 year date, is this still fine?

What I think the answers are:
1. Grante/issue date (25/06/17), even if I hadn't started work yet
2. No reset when changing from Tier 2 (General) to Skilled Worker
3. The 1-year timer starts from when ILR was approved, rather than when it was applied for
4. Fine it's approved prior to the 5 years

Thanks!

[zimba]

1. Correct
2. Correct
3. When it was approved. You must hold ILR for a min of 1 year
4. Yes. You are eligible for ILR within the 28 days

[Tassadar]

Thanks for such a quick reply! I'll do the Life in the UK test soon and start getting my documents together.

I've also read that it is actually possible to submit the online application prior to the 28 days, as long as the application is not "assessed" until 28 days prior to the 5 years.

Does that mean I can submit my application online & upload documents well ahead of this (for example 2 months before the 5-year mark), and then book a biometrics appointment on the 28th day prior to the 5-year mark?

[AmazonianX]

Thanks for such a quick reply! I'll do the Life in the UK test soon and start getting my documents together.

I've also read that it is actually possible to submit the online application prior to the 28 days, as long as the application is not "assessed" until 28 days prior to the 5 years. Correct. However how do you ensure it does not get assessed before then? (Don't talk about delays from timeline). What purpose does it serve you as anything means shortfall in time which will have to be paid for in time and fees for qualifying BC.

Does that mean I can submit my application online & upload documents well ahead of this (for example 2 months before the 5-year mark), and then book a biometrics appointment on the 28th day prior to the 5-year mark?

[Tassadar]

I thought that it would only be assessed after my biometrics appointment, which I could pick to be on the 28th day prior to the 5-year mark.

The main purpose would be to start the 12-month citizenship timer ASAP, so if I submit the application earlier and then pick a BRP date exactly 28 days before (and apply for super priority), then I'm basically guaranteed a decision 27 days before the 5-year mark. If I wait until the 28-day before mark to submit the application, then I may not be able to get a biometrics appoint for some weeks after that (this happened for my Skilled Worker visa where the first available biometrics appointment was 3 weeks after the visa application was submitted).

[zimba]

Booking an appointment within the 28 days is fine

[Tassadar]

Hi,

I will soon be applying for ILR SET(O) after spending 5 years on a combination of a Tier 2 visa & Skilled Worker visa with different employers. I have some questions about the required documents as the information I read online is inconsistent with what my application is requesting.

The online service says I need to provide the following documents:
1. Passport
2. Letters from employers detailing reasons for work-related absences including periods of paid annual leave from the UK and Crown Dependencies
3. Evidence of immigration status in the UK
4. Declaration signed to confirm consent for the Home Office to request verification checks
5. Your most recent payslip and bank or building society statement.
6. A document from the sponsor who issued the certificate of sponsorship that led to your last permission to stay as a Tier 2 migrant confirming that you are still required for the employment in question for the foreseeable future, and this document should also contain:
- the nearest applicable SOC code which best describes your employment
- your current rate of pay
- confirmation that this is at or above the appropriate rate for the job
7. Current Biometric Residence Permit
8. All previous passports, travel documents or national identity cards that you have used to travel to or remain in the UK

Various threads here and immigration law websites all list other required documents in addition to what is listed above from my online application:
A. Accommodation information: Letter from current landlord
B. Continuous residency documents: Letters from previous landlords, tenancy agreements, council tax bills / utility bills to prove residency for past 5 years
C. Evidence of economic activity: P60 and P45 documents

So, to my questions:
1. Are any of these other documents required (A, B, and/or C)? If not, why does every resource seem to suggest they're needed?
2. Regarding the letter from my previous employer to explain periods of absence, should this also include any other information (e.g., dates I was employed, job titles, salary over those years, SOC code)?
3. Regarding the "Evidence of immigration status in the UK", is my current BRP fine?
4. Should I attach a spreadsheet showing all my periods of absence over the past 5 years, or are the employer letters sufficient?
5. When I upload my current & previous passport, do I just scan the biometrics page or do I need to scan all the stamped pages too?

Thanks!

[AmazonianX]

2. Letter from an employer you have left not required
3.Yes
4. You can
5. If you can not scan all pages then at least scan biometrics page and all other pages containing relevant UK immigration history I.e. visa vignettes, entry and exit stamps

[Tassadar]

2. Letter from an employer you have left not required

Great thanks. So to clarify:

• From my previous employer: letter only needs to explain periods of absence

• From my current employer: letter needs to explain periods of absence, plus also things my employment being required for the foreseeable future, SOC code, salary, confirmation this is above the appropriate rate for the job

1. Are any of these other documents required (A, B, and/or C)? If not, why does every resource seem to suggest they're needed?

Does anyone have an answer to this? Do I need letters from current & previous landlords, tenancy agreements, council tax / utility bills, P60/P45 documents? All online resources appear to suggest these are required (to prove continuous residency, accommodation information, economic information), but this doesn't appear in the list of documents in my UKVI online application.

[zimba]

All you need to know about the sponsor letter for Skilled Worker route

There is no need for P45/P60. You do NOT need anything from previous employers or sponsors. There is no requirement to prove continuous residence. Where are you getting all this stuff ??

[Tassadar]

There is no need for P45/P60. You do NOT need anything from previous employers or sponsors. There is no requirement to prove continuous residence. Where are you getting all this stuff ??

For previous employer/sponsor, I got this requirement from my UKVI application. I was with my previous employer for the first 3 years of my 5-year qualifying period, and my current employer on for the most recent 2 years. The online UKVI application has the question:

"What evidence will you provide to support the reasons for all absences from the UK and Crown Dependencies?"

and the checkbox answer is:

"Letter(s) from employer(s) detailing reasons for work-related absences including periods of paid annual leave from the UK and Crown Dependencies"

The further information in the application says:

Evidence of all work-related absences (including paid annual leave) is required from those applying under: Tier 2 (Intra-Company Transfer); Tier 2 (General); Tier 2 (Minister of religion); Tier 2 (Sportsperson); Other permitted employment categories – except Tier 1

Since the above asks for all absences to be evidenced I assume I need a letter from my previous employer to confirm that those absences (which are part of my 5-year qualifying period) were related to my previous employment and/or paid annual leave entitlement. Is this not the case?

There is no need for P45/P60. You do NOT need anything from previous employers or sponsors. There is no requirement to prove continuous residence. Where are you getting all this stuff ??

For the other documents (continuous residency, accomodation information, P60/P45), see all of the following links which come up on the first page when I google "ILR documents":

External third party web links removed by moderator

Are these all incorrect?

[zimba]

The document list is unfortunately inaccurate and has not changed since the Tier 2 route was removed. This has been discussed many times here. The rest of the links are not official guides or sources. You are bound by the immigration rules and the official guide not what Google says. The advice given to you is based on the current immigration rules and the official guide for the skilled worker route. I referenced them in the link above. Any other source must be ignored as it could be well out of date or inaccurate or else you will be confused.

Any claims made must be backed up by reference to the rules or the official guides ONLY
The rules: https://www.gov.uk/guidance/immigration ... led-worker
The caseworker guide: https://assets.publishing.service.gov.u ... worker.pdf

[Tassadar]

The document list is unfortunately inaccurate and has not changed since the Tier 2 route was removed. This has been discussed many times here.

Got it, thanks for that. So does this mean that I only need to provide evidence for periods of absence while employed by my current employer (last 2 years) and no evidence for the periods of absence at my previous employer (first 3 years of my 5-year qualifying period)? Should I still provide a list of my periods abroad during those first 3 years with a brief description of each absence's purpose and the countries I visited?

The rest of the links are not official guides or sources. You are bound by the immigration rules and the official guide not what Google says. The advice given to you is based on the current immigration rules and the official guide for the skilled worker route. I referenced them in the link above. Any other source must be ignored as it could be well out of date or inaccurate or else you will be confused.

Understood, I just thought it was more likely to be an issue with my understanding rather than every link on Google's front page being incorrect. Glad to know these landlord letters, tenancy agreements, council tax / utility bills, etc. aren't required.

[zimba]

You are required to declare all absences in the last 5 years in your application. No need for a previous sponsor letter. UKVI in some circumstances, may ask you for more documents. However by default, you go by what the rules require from you.
All the other documents are not needed. Cohabitation evidence is only required if you have any dependants applying with you.

[Tassadar]

You are required to declare all absences in the last 5 years in your application. No need for a previous sponsor letter. UKVI in some circumstances, may ask you for more documents. However by default, you go by what the rules require from you.
All the other documents are not needed. Cohabitation evidence is only required if you have any dependants applying with you.

Thanks zimba. Clear now that my previous sponsor does not need to provide a letter regarding my periods of absence.

In terms of my current employer, I understand they need to provide a letter stating that my employment is required for the foreseeable future, SOC code, salary, confirmation this is above the appropriate rate for the job. Does my current employer need to provide a letter regarding periods of absence with them or is this not required anymore (like the letter from my previous employer about periods of absence)?

[zimba]

Yes: indefinite-leave-to-remain/tier-2-set-o ... l#p2027888

[Tassadar]

Thanks! It would save you a lot of time answering these same questions if the application form would be updated to make it clear that a letter about periods of absence is only required from current sponsor and not previous sponsors, just like how they have "You should not provide any additional payslips or statements, unless you are currently on maternity, paternity, shared parental or adoption leave" about payslips.

[zimba]

Thanks! It would save you a lot of time answering these same questions if the application form would be updated to make it clear that a letter about periods of absence is only required from current sponsor and not previous sponsors, just like how they have "You should not provide any additional payslips or statements, unless you are currently on maternity, paternity, shared parental or adoption leave" about payslips.

Please note that this is a public forum and has no association with the UKVI or the home office. We are not legal advisors and do not work for UKVI. We are all here as unpaid volunteers. Any feedback/complaint regarding forms should be sent to UKVI

[Tassadar]

Please note that this is a public forum and has no association with the UKVI or the home office. We are not legal advisors and do not work for UKVI. We are all here as unpaid volunteers. Any feedback/complaint regarding forms should be sent to UKVI

Yes I know, I just meant it must be frustrating for you knowing that a small UKVI change would save you considerable time answering the same questions. I really appreciate all your support. I can't even imagine how much time you've dedicated here and how many people you've helped.

[zimba]

Well, that is the nature of the work here. It is not as bad as you think