You will only need to fill in the Tier 2 section of the SET(O) form. However, you will also need to show evidence that you had entry clearance as a Tier 1 Gen and that you met all the rules whilst here on that visa, such as proof of employment/self employment for the length of time you were here on a T1G.
It is also worth noting that and application for ILR can only be made 28 days before completing the 5 year period. Therefore, depending on when you arrived in 2014 you may have some months left before you are eligible to apply.
The answer question may depend on what you received the caution for. Generally, this is when the Home Office Immigration Rules state someone will be refused:
'they have, within the 24 months preceding the date of the application, been convicted of or admitted an offence for which they have received a noncustodial sentence or other out of court disposal that is recorded on their criminal record' (paragraph 322(1C))
Your caution would fall under an out of court disposal as it is recorded on your criminal record. Therefore, you must wait a further 24 months after the date of receiving the caution to apply for ILR. It is very important that you do not omit your caution from any future ILR or Visa applications as this would be a false representation which would entail a much higher penalty.
If your Tier 2 visa expires before the 24 months have lapsed then you would need to extend your Tier 2 visa.
Need advise please on when I can apply for Indefinite Leave after I got Discretionary Leave.
First discretionary leave granted for 2.5 years from May 2013 to Nov 2015.
Second discretionary leave granted for further 2.5 years from Jul 2016 to Jan 2019.
Maybe I am mistaken as for how long the leave was issued in a first place. Second leave for example, the letter was dated 12 July 2016, however the Home Office received my application in Jan 2016. So is it 2.5 years from date of the letter to Jan 2019; or is it 3 years, from Jan 2016 when they received my application to Jan 2019??? Same story could have been with first leave. Really confused!
Between 1st and 2nd leave there was a gap due to my mistake sending a wrong application.
However, as I understand it right this gap will be disregarded when calculating the continues stay (ref. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/675919/Calculating-continuous-leave-v16.0EXT.PDF).
Soon I will be applying for 3rd discretionary leave. My wife and three kids are British.
What are my options? How many years I need to apply for indefinite, 6 or 10? When can I apply for Indefinite?
Is there any quicker options to get Indefinite, maybe through other type visas? Or shall I stick with discretionary?
@alpesh12212@chami - it is certainly possible to combine the 3 years you spent on T1Ent with your current Tier 2, because your current visa is Tier 2. The fact that you didn't meet the requirements for the Ent extension will not affect your eligibility for ILR - we have helped plenty of people in this situation previously. Just check that your absences are within those permitted, and that your current salary is above £35,500.
If you were to leave your husband you have a number of options in regards to making an application for further leave to remain on the basis of your children and on the basis of the domestic violence you have been suffering.
Due to the complex nature of your case it would be better if you could contact me directly via email at email@example.com
The 12 month rolling period does not apply to these applications (only 5 year applications). Because both of your trips were for less than six months, as long as your overall absences are less than 540 days in the ten year period you will be eligible for ILR. Unfortunately all UK absences even if for work are included in the overall limits. You can therefore wait until your absences fall below 540 days or you can make a discretionary application (details of this are also found in the guidance)
@BlackRose - reposting from the other thread - the 5 years starts from the date the visa was granted if this was issued in the UK. However if it was an Entry Clearance application it will begin from the date you entered the UK. That is why you are granted an extra 3 months for EC applications, to allow you to enter the UK. In your case you can apply any time after 29 May (28 days before completing 5 years on 26 June)
@blackrose I am sorry for the delay in replying. The 5 years starts from the date the visa was granted if this was issued in the UK. However if it was an Entry Clearance application it will begin from the date you entered the UK. That is why you are granted an extra 3 months for EC applications, to allow you to enter the UK. In your case you can apply any time after 29 May (28 days before completing 5 years on 26 June) PS: Like the user name ;)
I hae applied for ILR as a tier1 general migrant under 5 years route shown my earning under Employed + self Employed (ltd company)
in this route my application has been refused by below reason 2 months prior to 10 years
you do not satisfy the requirements of the immigration rules and it has been decided to refuse your application fro leave to remain as a tier1 general migrant under paragraph 245CD of the immigration rules as you do not meet the requirements at paragraph 245CD(g) under paragraph 19(i) & 19(j) on Appendix A
in order to buy 2 months time with home office i made another application within 14 days of refusal for flrfp on basis of private life in UK.
now i have completed 10 years period so i wanted to vary my application FLR FP to SET0 LR basis 10 years long residency at PEO at Glasgow.
I wanted to know how to vary the application , do i have to pay full fees or just the fee difference?
what is success rate of SET LR applications at Glasgow?
Having read the guidance on the website for ILR via Tier 2, I am some what confused regarding my situation.
I started as a student in Jan 2010
Then switched to PSW in 2011 with a new employer
Then switched from PSW to Tier 2 General (same employer). Date of Issue on BRP card was on 12-09-2013
Then Tier 2 General Extension (same employer). Date of Issue on BRP card was on 16-09-2016
I was made redundant on 10-10-2017 (employer update UKVI based on 10-10-2017) with salary paid until 10-10-2017.
Got new job and visa - Date of Issue on BRP card was on 28-11-2017 and the start date of this job was on 1-12-2017.
This company was shutdown (due to insolvency) on 31-12-2017 and payroll ran until 31-12-2017.
Got new job and visa - Date of Issue on BRP card was on 20-1-2018 and the payroll was processed accordingly.
Since then I'm with the same company
Total gap I had so far - 65days
1st gap between Employer 1 to Employer 2 in terms on Payroll was - 51days
2nd gap between Employer 2 to Employer 3 in terms on Payroll was - 14days
Eligibility for ILR
I am not sure how does my situation affect me when it comes to eligibility for ILR.
Am eligible for ILR or not.
If I'm eligible can I start applying from 12 August 2018 (1 month before due date)? or should I have to waiting counting 65 days gap.
My child has got British passport on new five years rule for British citizenship.Now I have applied for my FLR/FP along with my husband.
I got a simple police caution in 2011 for theft.
Will this effect my Application?
Could any please clarify the following query regarding the immigration rules v guidance document with regards to expired B1 and using it for ILR Set M.
My wife undertook and passed a B1 test from Trinity in 2016 this was subsequently used for her successful FLR M application , as her ILR Set M is due later this year, the question is can we use this expired B1 as it will be over two years old?
I know I have asked this before but the latest immigration advise of OISC advisor is below and so it has confused me somewhat as what the rules say and how this advisor has interpreated as make sense also?
It anyone has actually submitted an expired B1 for SET M please let me know
The Immigration rules state the below (Immigration Rules Appendix KoLL)
For the purposes of paragraph 2.1, an applicant demonstrates sufficient knowledge of the English language if:
(i) has limited leave to enter or remain in the UK, and
(ii) that leave (or a grant of leave which preceded it provided any periods of leave since have been unbroken) was given on the basis that the applicant had an English language qualification at a minimum level of B1 on the Common European Framework of Reference for Languages.
(iii) at the date of application, the provider of that qualification continues to be approved by the Secretary of State as specified in Appendix O to these Rules.
(c) the on line verification system operated by an approved English language test provider, as specified in Appendix O to these Rules, confirms that the applicant has passed an English language test in speaking and listening, at a minimum level B1 of the Common European Framework of Reference for Languages, which is approved by the Secretary of State, as specified in Appendix O, and taken at a test centre approved by the Secretary of State as a Secure English Language Test Centre no more than two years before the date of application.
There is no mention of exemption with regards to expired B1 and The bold letters I have highlighted above. Only if her previous grant of leave required a B1 pass would the test be valid for this application if it had been used in a previous application. Since she only needed A1 and latterly A2 I would interpret that she cannot rely on the expired test because her previous grant of leave didn’t require that level of qualification.
However in ( Knowledge of language and life in the UK Version 20.0))
The English language test must have been taken no more than 2 years before the date of application. However, tests that have been taken more than 2 years ago and have since expired, can still be accepted where the qualification:
• • is from one of the providers on the current SELT list
• • has previously been accepted by us as part of another immigration application, such as for entry clearance. A qualification that is not from one of the providers on the current SELT list, is not acceptable even if previously accepted by us as part of another application
Validity dates of SELT qualifications listed in Appendix O of the Immigration Rules, or on the Ofqual register, will not be applied for settlement applications provided either:
• the qualification has previously been accepted for another immigration application
• if it is being presented for the first time, that it was taken in: o England and was regulated by Ofqual
o Wales and was regulated by the Welsh Government
o Northern Ireland and was regulated by the Council for the Curriculum, Examinations and Assessment (CCEA)
o Scotland and was regulated by the SQA
Could you please confirm the whether expired B1 that was used for FLR M can be used for ILR as it stands now
I am in the UK on a fiance/settlement 6 month visa.
Since arriving in the UK in February 2018, I have married my partner.
We are not sure which visa we need to apply for next.
I want to ask also if I can still use my IELTS life skills test A1 certificate for my next visa application if ever?
i booked my ilr premium appointment in february 2018 and paid the fee applicable at the time and will be taking that confirmation to my appointment. however the date of appointment in april 2018 when the new application form with new fees are available.
do i use the old form or the new one even though my fee was paid as per the amount prior to april?
Without knowing the full details of this mans situation it is hard to advise whether an application for Leave to Remain would be successful.
To be eligible to claim asylum he must have a fear of persecution if he had to return to his home country. It is unlikely he would be detained while awaiting a decision, however an asylum claim will require him to attend an in person meeting with an Immigration Officer, and then an interview with a caseworker.
In some situations it may be possible to make an application for Leave to Remain on Human Rights grounds.
If you would be able to provide me with further information regarding his situation then I can advise further. You can either respond on here, or send me an email to the address below.