PBS ILR Questions

[Bobthemoggie]

Dear All,

Currently I am on Tier-1 General.
I am planning to apply for ILR (In person appointment), but I have more than 180 days absence.

I will have around 1.5 month left on current leave (tier-1) at the time of application.

But in worst case scenario if they delay decision on my ILR application beyond the expiry of my current Tier-1 leave to remain. AND after that- if my ILR application is refused. Then will I be able to apply for extension of tier-1?
If yes, how many days will I get for making tier-1 extension application?

Has anybody done this?

Kindly advise.

Thanks in Advance

[Amber]

You should only use the PEO if your application is straight forward.

[O_Relly]

In most cases if you go for a PEO, it will be same day decision.

But in the unfortunate case, where it gets delayed (for whatever reasons, additional checks, biometric delay) beyond your visa validity date, and if your application is refused, you will still have 28 days (from the date the refusal decision was made) to either appeal or make a fresh application (at which point you can make a fresh Tier 1 extension application).

[Amber]

An in-Country appeal must be lodged within 10 days not 28 (5 if in detention) [Rules 7(1)(a) & (b)].

[ryan2020]

If your ILR is refused you will get appeal chance , If you decide you will go for fresh appliation ... bear in mind if you apply fresh application and it get refused for ANY reason you WON'T get appeal chance.

[O_Relly]

An in-Country appeal must be lodged within 10 days not 28 (5 if in detention) [Rules 7(1)(a) & (b)].

Thanks for the correction Amber. Can you also please point a reference to this?

From 245DF(e), I inferred it was 28 days.

[Amber]

The Asylum and Immigration Tribunal (Procedure) Rules 2005 (S.I. 2005 No.230 (L.1)) Rule 7 (1) (a) and (b).

[O_Relly]

The Asylum and Immigration Tribunal (Procedure) Rules 2005 (S.I. 2005 No.230 (L.1)) Rule 7 (1) (a) and (b).

Thanks for the reference. But is this also applicable for a Tier 1 General applicant applying for ILR?

Also, from this post, the OP appeared to have 28 days before he could make a fresh application again.

[Amber]

The rule regarding the period of 28 days being disregarded for out-of-time applications is different to the appeal time limit.

[O_Relly]

The rule regarding the period of 28 days being disregarded for out-of-time applications is different to the appeal time limit.

Noted, thank you for the clarification.

[Bobthemoggie]

Thanks a lot Amber, O_Rellay.

Just for my understanding may I know- what is advisible?
(A) First extend my tier-1
(B) or directly apply for ILR
reason being I have a continuous absence more than 180 days in one stretch but less than 180 days in any continuous year at the time of date of applying.

Kindly suggest.

Thanks a lot.

[Amber]

So long as you spread the PBS qualifying period out so that no absence exceeds 180 days in any 12 month period, you should be ok. If not, apply to extend then vary when qualifying.

[Amber]

Dear All,

I am planning to apply for ILR (Tier-1-general route);
Through SET-O form.

[I am working in UK 1.5 years on WP followed by 3+2 years Tier-1]

Last year I have obtained NI contri record from HMRC.
It showed only 3 years contribution+ 4th year (most last) as contribution to be paid.

2007-08 : Contribution needed****
2008-09: No contribution needed
2009-10: No contribution needed
2010-11: No contribution needed

[****This 4th year of no NI contribution must be due to 1st year on WP having to pay no NI contribution.]

I Have not paid this contribution still to HMRC, as its not compulsory.

Now,
Q1. For my ILR, do I need to pay this contribution (bear in mind that- this is now 6 years from my date of application)? But still I guess in this years NI contri statement HMRC might mention about it.
Q2. Does anybody in WP+Tier-1 mode has got similar statement for NI contribution where their companies have not deducted for 1st year?
If yes, what did you do?
Q3. When obtaining the statement HMRC provides details only until financial year earlier. so Now, they will provide only till Apr-2012.
Is this okay?

Q4. Is NI contri statement a mandatory requirement?

Kindly advise.

[Amber]

Hi to All,

Hope you're doing well.

I am planning to apply for ILR (Tier-1-general route);
Through SET-O form.

Current Tier-1 expires in next couple of months.

My wife have been living in UK for less than 2 years.
But she has received her partner visa on my tier-1 before 08-July-2012.

She is not yet qualified for ILR as per rules before 08-July-12;
Now, I would like to know- While making in-person application for my ILR, what application shall I use? and can she apply same day alongwith me?
what form shall we use? Also does anybody have any cover-letter template for this.

Kindly clarify

Many Thanks in advance

Yes. However, you should book a family appointment.

Click on given links for more information.

Hi Vinny,

Thanks a lot for your response.
I find it very useful information.

Another query- Currently my parter is a looking for a job & as a Tier-1-dependent she has no issues in the search.

Whereas, after getting FLR-M i.e. as per UK BA website a Probationary visa to ILR / a Further Leave to Remain, will it impact on prospect of finding the job?

Kindly advise.

Thanks

A Tier 1 dependant may not be allowed to work as a doctor in training. No work restrictions on FLR(M).

Thanks a lot.

Could you please advise-
How to choose SET(O) + FLR(M) option while booking online?

Many Thanks

[Amber]

How to book SET(O) & FLR(M) appointment together?

Dear All,

Very soon I will be applying for the ILR (WP+tier-1)
My wife have been in UK for 1.5 years so, she do not qualify for SET(O) partner application.

As per my knowledge she have to apply using FLR(M).
--Please confirm if this understanding's correct?

Also, How do we book the SET(O)+FLR(M) application on the UK BA booking system so that- both of us can go together?

Many Thanks

[Amber]

When does your current leave expire? When did your spouse enter the UK?

[Bobthemoggie]

My Current leave expires in Jan-End 2014

My partner entered in UK on Jun-2012.

Kindly advise.

Thanks

[Bobthemoggie]

Hello Guys,

Just wanted to check- is there any update on below referred related queries:

1) How to book SET(O) & FLR(M) appointment together?

Dear All,

Very soon I will be applying for the ILR (WP+tier-1)
My wife have been in UK for 1.5 years so, she do not qualify for SET(O) partner application.

As per my knowledge she have to apply using FLR(M).
--Please confirm if this understanding's correct?

Also, How do we book the SET(O)+FLR(M) application on the UK BA booking system so that- both of us can go together?

2)
I am planning to apply for ILR (Tier-1-general route);
Through SET-O form.

[I am working in UK 1.5 years on WP followed by 3+2 years Tier-1]

Last year I have obtained NI contri record from HMRC.
It showed only 3 years contribution+ 4th year (most last) as contribution to be paid.

2007-08 : Contribution needed****
2008-09: No contribution needed
2009-10: No contribution needed
2010-11: No contribution needed

[****This 4th year of no NI contribution must be due to 1st year on WP having to pay no NI contribution.]

I Have not paid this contribution still to HMRC, as its not compulsory.

Now,
Q1. For my ILR, do I need to pay this contribution (bear in mind that- this is now 6 years from my date of application)? But still I guess in this years NI contri statement HMRC might mention about it.
Q2. Does anybody in WP+Tier-1 mode has got similar statement for NI contribution where their companies have not deducted for 1st year?
If yes, what did you do?
Q3. When obtaining the statement HMRC provides details only until financial year earlier. so Now, they will provide only till Apr-2012.
Is this okay?

Q4. Is NI contri statement a mandatory requirement?

Kindly advise.



Awaiting your response

[Bobthemoggie]

Hi Guys,

Kind reminder.
Awaiting your kind response on this desperately.

Senior members- Could you please your input on these queries please?

Many thanks

[vinny]

Dear All,

I am applying for my ILR-Set(o) in next couple of weeks.
My current Tier-1 expires in next 40 days, from proposed date of application.

My partner do qualify for FLR(m) as she arrived in the UK for less than 2 years, at the time of application.

I have called UKBA call-centre asking about combined booking of the appointment / family appointment & they seems to be unclear on it (or atleast the official who spoke to me, was unclear about it).


Do you have a idea on- what will be the best strategy in applying for the partner FLR(M) in this situation?

Many Thanks

[Bobthemoggie]

Hello Guys,
Kind reminder. Please try to post your valuable response on below query.

Senior Members, could you please add your valuable insight into my queries please?

Many Thanks