ILR Application submition date and biometric date

[mapleuk]

Hi,

First off all I thank and appreciate this community for sharing your knowledge.

I live in UK since September 2019 and eligible for ILR on 8th August 2024. Its unfortunate that my current sponsored job is being made redundant and the last day of my employment is end of December.

I was earning a 6 digit salary but this ended up as a main reason for redundancy to cut down the costs. I seek your advice on following questions which is bothering me on what route should I take as its challenging to get a new sponsored role specially being year end.

Appreciate your valuable response for these questions.

1. Since my current job is ending on 25th December, if I don't have a job whole of January and February will this impact during my ILR application as there will be no National Insurance contribution or payslip for these 2 months ?

2. Is the visa curtailment period a standard 60 days right from my last day of employment (i.e. 25th Dec) or from the day HMRC sends the letter ?

3. Should I look for a high paid job to make sure my National Insurance payment is not reduced ? Is a reduced NI payment pose risks during my ILR application ?

4. I am worried of not having NI payments starting January if I don't get job in December ? Does it cause any risk on my ILR application ?

Please advise as your response at this difficult situation will help me to take appropriate route before HMRC is notified on visa curtailment.

Regards,

[CR001]

1. No issue here.

2. The 60 days starts when UKVI send you a letter. It has nothing to do with HMRC.

3. It doesnt matter. You need a Job that neets the requirements based in the SOC.

4. No issue.

HMRC deals with tax, not visas.

[mapleuk]

Thankyou & Appreciate your time for the response.

Some follow-on question to the previous one.

1. I have come across cases who did not receive letter from UKVI for more than 3 months. Is it legal to stay beyond 60 days even if UKVI did not send the letter ?

2. For those who have a child at home in my case about 6 years who goes to school, Does UKVI consider this or ask for any justification before issuing a curtailment letter ?

Regards,
Prashanth

[lolo2]

1. You already were told that the 60-days period will start once a curtailment letter is received. It doesn't matter if you receive the letter in four weeks or four months after made redundant, as long as your visa is still valid (not expired).

2. Having a child in school has no impact on this. Your family are dependants on you, not on your employer. No questions or justifications will be asked before the Home Office decide to curtail your leave.

[zimba]

There will be no impact on ILR if a new skilled visa is secured before visa expiry or a new curtailment (expiry) date, whichever is sooner. You can stay as long as your visa remains valid

[mapleuk]

Thankyou and Very much appreciate your response.

Regard,
Mx

[mapleuk]

Hi,

I came across a requirement for ILR to submit 6 -12months payslip along with all P45 and P60.

I am concerned here as I will NOT be able to produce pay slips for January and February if I don't start my new job ? This will also reflect into NI contribution and P45/P60 document.

Can you please advice if this leads to shortage of documents and how this needs to be addressed.

Regards,
Mx

[CR001]

Where exactly did you come across that?

Those requirements are for a different visa category completely.

[zimba]

Hi,

I came across a requirement for ILR to submit 6 -12months payslip along with all P45 and P60.

I am concerned here as I will NOT be able to produce pay slips for January and February if I don't start my new job ? This will also reflect into NI contribution and P45/P60 document.

Can you please advice if this leads to shortage of documents and how this needs to be addressed.

Regards,
Mx

Such requirements do not exist under the skilled worker route

[mapleuk]

Thankyou and appreciate your time Zimba and CR001.

This came to light from one of my connection who provided 3 months of pay slips as part of ILR application. The Facebook ILR group has similar cases who mentioned about 6 - 12 months pay slips and P45.

So I am uncertain if anything has changed that mandates applicant to provide pay slip and P45/P60 or is it part of additional documents based on UKVI asking to the application.

I am referring to the Skilled Worker Visa cases and in my case I am a skilled worker visa on shortage occupation list.

Appreciate if you can put your thoughts on this.

Regards,
Mx

[zimba]

I repeat, such requirements do not exist as per the rules. These claimed requirements existed many years ago under the old Tier 2 route which is now long gone. No changes to this requirement have been made in the last few years. Some people tend to make up their own minds and submit whatever they feel is needed (often influenced by something they remember from 8 years ago), rather than following the current rules/guide

[mapleuk]

Hi Everyone,

Based on the given guidelines below, I wonder when is the date of my earlier application to be made for ILR.

Visa Application Date: 25th July 2019
<Not sure on Visa approved date>
BRP Start date: 06th Sept 2019
UK arrival date: 17th Sept 2019
BRP Expiry Date: 14th August 2024

From the guidelines given below, based on my benefit as an applicant can I submit 28 days - 25th July 2019 which is 27th June 2019 ? Is this correct ?

My doubt is if I submit application when can i take biometric should an application complete 5 years to give biometric or i can take anytime after 27th June 2019 ??

I am little confused on the below guidelines. Appreciate your response on when is the date i can apply and when is the earliest date i can give biometric ?

Thankyou for your response.

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.

You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:

the date of application
the date of decision
any date up to 28 days after the date of application

[meself2]

What visa route are you on? Different routes have different requirements.

[mapleuk]

Started with Tier 2 General Visa (eligible for residence) in 2019 and now on Skilled Worker Visa.

[AmazonianX]

Started with Tier 2 General Visa (eligible for residence) in 2019 and now on Skilled Worker Visa.

T2 is what became SWV so you are still on same route.
Application date does not come into it, use approval date. As you are not sure of approval date, use the BRP date therefore eligibility for ILR using form SET O will be 28days before completing 5years in UK counting from BRP date I.e. 9th Aug 2024.

NB: This can be earlier if you ascertain Visa approval date.

[zimba]

This is being asked daily now.
Read this to understand how lawful residence is accumulated and how it works: How to apply early and benefit from the date of the ILR decision ?

[mapleuk]

Thankyou AmazonianX.

Although I could not find the paper or letter for Actual Visa approval date but I managed to find the start date of paper visa printed on the passport (i.e 30days temporary visa). As per this the initial start date is 30/08/2019.

Can I take this date as 30/08/2019 as continuous period which will be considered as ending date although we landed in uk on 17th Sept 2024.

So presumably 30/08/2019 - 28 days = 2nd August 2024. If yes, should I set my biometric date on 30/08/2024 or any date from 2nd August 2024.

Thankyou and really appreciate your response.

[zimba]

You subtract the 28 days from the LAST day of the qualifying period, not the beginning. The first visa approval date is only used to find out when your 5 years complete

[mapleuk]

Thankyou Zimba. But wondering what is the LAST day of qualifying period in my case.

If you meant to say 17th Sept 2019 date of landing in UK till 17th Sept 2024 (5 years stay in uk), then does it mean I qualify on 17th Sept 2024. If so I am afraid as my visa will expire on 14th August 2024.

I pulled this from 245AAA. General requirement for indefinite leave to remain but equally this is confusion.

(d) The continuous period will be considered as ending on whichever of the following dates is most beneficial to the applicant:
(i) the date of application;
(ii) the date of decision; or
(iii) any date up to 28 days after the date of application

[AmazonianX]

Thankyou Zimba. But wondering what is the LAST day of qualifying period in my case.

If you meant to say 17th Sept 2019 date of landing in UK till 17th Sept 2024 (5 years stay in uk), then does it mean I qualify on 17th Sept 2024. If so I am afraid as my visa will expire on 14th August 2024.

I pulled this from 245AAA. General requirement for indefinite leave to remain but equally this is confusion.

(d) The continuous period will be considered as ending on whichever of the following dates is most beneficial to the applicant:
(i) the date of application;
(ii) the date of decision; or
(iii) any date up to 28 days after the date of application

If you had taken your time to read zimba's summation, you will understand better; didn't mention to use your arrival date in UK as you started on Tier 2 which is now Skilled worker Visa.

Now, decide which date you want to use as start of your qualifying period then you know last date of your qualifying period and subtract 28days from it to give you from which date you are eligible.
In your shoes as you can not locate approval letter, I can either use
1. Start date on BRP
2. Start Date of visa vignette printed on passport

With either, you can make an in time application for ILR without hassles.

[mapleuk]

Yeah, you are right! I should have understood what Zimba mentioned than jumping into arrival dates.

Let me search for the Visa approval letter but if not i will try to use the option 2.

2. Start Date of visa vignette printed on passport.

In that case this leads me to 30th August 2019 (as start date) --> 30th August 2024 (end date i.e. qualifying period). 28 days off from the qualifying date brings me to 2nd August 2024.

Thankyou both of you as it was a valuable information to know this upfront.

[mapleuk]

Hi All,

Need your advise here, after going through challenging times I am close to secure the sponsor who will issue sponsorship by end of February.

My previous employment was terminated on 15th December 2024 and P45 was closed on 15th December 2024. I did not receive any curtailment letter or email till now.

Appreciate your response.

1. if I file the my new skilled worker visa after 60 days of job loss period by February end will it impact my ILR application in August 2024 or any clock recent due to over 60 days of no employment ?

2. Should i also file new visas for my dependents in this case as they already have their dependent visas till August 2024 ?

Appreciate your response.

Regards,
mx

[zimba]

I already told you above that there is no 60 days rule or whatever you are still stuck with You so not seem to read the advice given to you here

I repeat, such requirements do not exist as per the rules. These claimed requirements existed many years ago under the old Tier 2 route which is now long gone. No changes to this requirement have been made in the last few years. Some people tend to make up their own minds and submit whatever they feel is needed (often influenced by something they remember from 8 years ago), rather than following the current rules/guide

And dependents do NOT need a new visa unless their visa is about to expire. Their visas remain valid until expiry

[mapleuk]

Thankyou so much Zimba. Very helpful again to emphasize this information.

[mapleuk1]

Hi All

Due to holiday season it took over 3 months where i now have 2 offer letters to join under higher pay category. I have not received curtailment letter as its over 90 days till now, My right to work status is still showing up 1 more year of visa validity.

While both the new prospected employers are telling it may take another month for them to give start date as they need to have BRP card received to start this job.

Quick question:
1. Is it a must to have BRP card to start the new job OR a Home office decision letter is good to start ?

2. Is a 4 month 10 days unemployment impact ILR Application ?

3. I will miss the April 5th date on employment so I will have only P45 and no P60 for my application in August 2024. So not sure if i will be asked additional documents or questions?

Thanks and Appreciate your response.