when should I apply?

[wenner]

I was under the impression that I could apply for ILR, but thanx to senior menbers of this board, I realised in time that I would have made a mistake.

My leave to remain was issued on 31st oct 2007.I switched to tier 2 G in August 2009,and my current leave to remain is until 13 Oct 2012.
So i need to extend my leave or make a postal application for ILR to cover shortage of 18 days.I cant wait so long for postal application, so I will extend my leave to remain as a Tier2 migrant, just to cover 18 days.

I will see my employer on Monday.She will apply for Certificate of Sponsorship.If I remember correctly,3 years ago, I had to apply within the 3 months of CoS, before the expire date of current visa then.Is this correct?

I am really not sure, hope someone can help.My current leave to remain expires on 13 Oct 2012.I will get the Cos hopefully on Monday.Can I apply immediately as soon as I get the CoS nr from sponsor?Or do I apply 28 days before my leave to remain expires?
really cant remember, have been so busy preparing my documents for ILR!
please please help.
It will be appreciated!
Thank you

[manci]

On what date did you first enter the UK in 2007 on your work permit visa?

[wenner]

hI
I came here on a working holiday visa.In 2007 I applied for a workpermit, which was issued in Sept 2007.I then applied for leave to remain as a workpermit holder, and it was issued in the 31 Oct 2007.My current leave to remain as a tier 2 migrant expires on the 13th Oct 2012, so you see, I am 18 days short of the 5th anniversary of the date of leave to remain in the correct category.

[manci]

I see that you posted several times re. ILR. I'm not convinced that you need to apply for an extension of your leave, however, I will only comment on your actual question.

Provided your sponsor/emploiyer has a T2G CoS allocation available they can assign a CoS to you. Once you have the CoS you can apply for leave to remain at any time before 13 October 2012 (the expiry of your current leave) since it will be within the 3 months validity period of the CoS.

BTW - if you applied for ILR at a PEO in the period 3-11 October, and you were unsuccessful, you could still apply for the extension of your leave then, up to and including 12 October.

[wenner]

Thanks for reply.If I had lots of money I probably would have taken the chance and use premium service for ILR.I dont and so I cant risk £1377 and if I am not succesful, spend more money on Tier 2 G fee.But thanks for time taken to read my posts.Appreciate it.

[manci]

If you make a postal application for ILR between 3 and 12 October your existing T2G leave will continue automatically (section 3C)

[wenner]

I know, and I would have made a postal application, but I have a baby at home, took her there before sorting out her Immigration status, while on maternity leave.I applied for her tier 2 dependency visa in South Africa but it was refused.Sole responsibilty issue.A postal application will mean that I cant go home for 6/7 months to visit her.Very very disappointed, and I am ask myself, is it time to give up?

[manci]

the cost difference between a PEO and a postal application is £386 for single applicants using SET(O).

As far as I recall from reading posts on this forum, when you have a PEO appointment they check the documents first and only take the fee if the documents are in order. If this is of interest search the forum for details.

[wenner]

I will look into this...Thank you

[wenner]

the cost difference between a PEO and a postal application is £386 for single applicants using SET(O).

As far as I recall from reading posts on this forum, when you have a PEO appointment they check the documents first and only take the fee if the documents are in order. If this is of interest search the forum for details.

I did search the forum for details.It seems as if most people had to do the payments first before the document check.Why do you think that I will be eligible when I am 18 days short to qualifying period?I also thought, until friday,that I was eligible.I think I will call on Monday.I have read that information given by UKBA case workers is not always correct or reliable though.I wish I knew what to do...if only I didnt go home with daughter, but cant take back the time.

[manci]

This is just about the question of when payment is taken at a PEO.

I also looked at several posts and it seems that some document checking always takes place before payment is taken but it is difficult to tell what level of checking this is. The system seems to vary according to PEO. For instance, the following post suggests that a complete appraisal of the application took place before payment was taken (Solihull):
http://www.immigrationboards.com/viewto ... ht=payment

[manci]

PS: this is from the post to which you also contributed. It seems to confirm the variation between PEOs as regards when payment is taken:
Might be worth trying some PEO (that accept payment after approval/review)
http://www.immigrationboards.com/viewto ... highlight=

[wenner]

I see what you mean.well, I have meeting with my sponsor tomorrow.Will see if she can give the Cos nr, get all documents ready for tier 2 extension, which I will send by post as it takes about 4 weeks.I can send it off on the 17th Sept 2012, as it is 28 days before the 13th of Oct 2012.Just need to check date calculator again.The postal application takes 4 weeks only, so hopefully I will get my extension towards end of Oct 2012.Then I will make an appointment for ILR in Nov, any time whenever I can get an appointment as I would fulfill the 5 year requirement.I think I have accepted the fact that this is my best option now.Like I explained, i wanna go home for Christmas so that I can apply for my daughter's British citizenship and subsequently, her British passport.I can only do that within the next few months if I succeed in booking a premium appointment for ILR in November 2012.I really really appreciate all of your suggestions/advice.Thank you for reading my posts and making positive comments.But I am already so stressed out, paranoind and depressed, I can just imagine what I will go through on the day of my appointment for ILR if I was going to get one on the 3rd Oct 2012.Just thinking about it makes me feel extremely anxious!I just need to hold on now,until Nov.The thought of seeing my daughter for Christmas keeps me going.Thanks again.I will keep you up to date.

[manci]

I have meeting with my sponsor tomorrow.Will see if she can give the Cos nr, get all documents ready for tier 2 extension, which I will send by post as it takes about 4 weeks.I can send it off on the 17th Sept 2012, as it is 28 days before the 13th of Oct 2012..

Once you get the CoS you can send off your application for the T2G extension immediately (but before 13 October) - there is no 28 day limit as for ILR.

[wenner]

Oh, that is good news.This means I can send my application as early as next week?You have been most helpful.

[manci]

yes, you can send off the application as soon as you have the CoS but study the requirements carefully because they probably changed since you applied last time,

The Tier 2 policy guidance is here
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf
the application form is here:
http://www.ukba.homeoffice.gov.uk/sitec ... nform1.pdf

[wenner]

I have a question about Section B, Personal details.I hope you can help!
I am married.I have a marriage certificate where surname has changed.I havent changed my surname on my passport or anywhere else here.I dont use this surname at all.Not even where I work.

My husband has a bad immigration history.He was refused a tier 2 dependency visa twice because he was a previous illegal immigrant.He left UK voluntarily in May 2010, as a means to regularize his stay.We got married in August 2010, I fell pregnant, applied for his tier 2 dependency visa, it was refused because we applied before the 12 month ban was lifted.We applied again after birth of baby, in June.Again it was refused because of previous immigration history and because we didnt see each other during that year.This is why I went to South Africa during maternity leave, after the refusal of husband's visa in August last year.We wanted to be together and he wanted to meet his daughter.

When I applied for my daughter's tier 2 dependency visa in South Africa, it was refused.My daugher has my husband's surname.His name is also on the birth certificate.I didnt mention my husband or explained anything about him when I applied for my daughter, because I was scared they were going to refuse her visa because of him.My fears came true, but it was because I didnt explain anything about his whereabouts, and both parents have to have permission in UK for child to be granted dependency visa.Unfortunately I didnt read requirements for dependency visa for child.I was careless,thought because she is a baby, my daughter, and I could proof that I can support her without government support, they would grant her a visa.How wrong I was.I know now, always read the requirements, carefully!

So now that fear is back.They ask about name change.Should I explain that I am married, send the marriage certficate and explain that my husband and daughter will join me on a later stage?Is there a chance that they will refuse me because of my husband?

Because of his wrong doings in the past,l feel punished.I just dont know.I didnt help him to stay here illegally, I pursuaded him to go back so that we can regularize his stay, as i couldnt live with a person who was illegal, even though I loved him.I was taught to obey the rules and regulations, always, so I always want
to do the right thing.Now look what 'doing the right thing' is doing to us.What do you think?Do I have something to worry about?

[manci]

This will be a Tier 2 grant of leave application only for yourself, your husband and daughter are not included. There is no need to send any explanation about them (unless they ask for one later)
B1 you must give your name as in your passport
B7 married
B9 married name, from date of marriage, evidence sent: marriage certificate
B10 married

[wenner]

I have completed the appliation form, as I received the COs reference nr this morning.Now I am waiting for payslips and bank statements.sometimes I have less than £900 in bank account, but i have savings of £3300 in seperate bank account which I will submit as well.So I should be ok.
so here is my list of supportive documents:
passports(current and expired one)
photographs
bank statements
payslips(3 consecutive months)
marriage certificate
application form
is it necessary to submit the following:
copies of degree, naric certificate, qts certificate,pgce certificate(Do I send original documents or certified ones)
Thanks for your help

[manci]

Read the T2 policy guidance and the help text attached to the application form carefully. You will see that only original supporting documents are accepted, copies are not. This also applies to bank statements (printouts of online statements are not accepted unless certified by a branch of the bank) and your degree certificate (if you are relying on it).

[wenner]

Thanx Manci.i wasnt sure if I should submit educational documents as this is an extension.I have submitted them the last time.I have decided that it is best to include them.If I dont, they may ask for them.Now a new problem arised.I hope it isnt a problem, but if it is, I need to fix it soon!My details on the assigned CoS doesnt include my married name, only my maiden name.My sponsor used information from previous application.I dont know if it is going to be a problem.It is already asigned, and I am not sure if she can change it again.I dont use my married name, as I have never changed it at work, or on my passport.

[manci]

I don't know if in your previous 2009 T2G application you had to show knowledge of English. If not, you must now score 10 points for English and one way to do this is to show that your degree was taught in English and is recognised by UK NARIC as being at least equivalent to a UK bachelor's degree. See the T2 policy guidance Part 6.

Check your point scoring with the online calculator:
http://www.ukba.homeoffice.gov.uk/pointscalculator

Your passport is in your maiden name and so is the CoS. You have declared that since your marriage you have also been known by another name, your married name, so there shouldn't be any problem on this account.

[wenner]

I just checked the points calculator.My degree was taught at an Afrikaans University, so I don't get any points for it.Naric says it is comparable to British degree standard.My post graduate certificate in education was taught at the University of Cape Town,and it was taught in English, so I do get 10 points for it.I have £3300 in savings account, so I get 10 points for that as well.Should I print out the summary and submit it with my application?I also have qualified teacher status awarded from Middlesex University.The degree thing worries me, because I dont get any points for it.Does it have to be a degree?Sorry for asking stupid questions.

[manci]

Your post graduate certificate of education from Cape Town would only count if it was "equivalent to a UK Bachelors degree or above" (see para 118 in the T2 policy guidance). If there is a problem with English you can always take a test (level B1 on the CEFR required).

[wenner]

I dont get points for my degree, but I get 10 points for Post graduate Certificate in education.Does it mean I'll be ok?It isnt a degree, is it seen as above degree level?is that why it is on the list?Do I need to do the english test just to be on safe side?