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A Few Questions For Our Ilr Application

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#1 halfnine


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Posted 03 December 2012 - 09:38 PM

It's getting close to that time to start applying for an ILR and I have a few questions on the process.

Some background information. My wife originally entered the UK in April 2008 on an HSMP two year visa. On April 15 2010 she received temporary leave to remain under Tier 1 General since the HSMP had been discontinued. Typically its only valid for 2 years, but since the original HSMP visa was for 2 years we were granted a 3 year validity instead.

Question 1. Do we have the right form(s)?

We are planning on having the applicant fill out the SET(O) form. Additionally, it appears that for the ILR there are not any forms to fill out for the dependants as long as they are listed and paid for in the applicants form. Is all this correct?

Question 2. Which table to use for the Points Scoring?.

According to the instructions:

Applicants will be required to claim either 75 or 80 points from either Table 2 or Table 3, depending on the date of application for their initial grant of leave:
For applications before 6 April 2010 – applicants must score 75 points from Table 2
For applications between 6 April 2010 and 19 July 2010 – applicants must score 75 points from Table 3
For applications after 19 July 2010 – applicants must score 80 points from Table 3.

Based on that our initial grant of leave to remain would be April 15, 2010. But our actual application date when we submitted to UKBA would have been probably closer to about 1 month before that which would change which table to use. So the question then is what is the UKBA's definition of the Date of Application. My assumption is that we would be using the April 15 date since that is when the leave to remain was issued and therefore using Table 3 with 75 points as the criteria.

I believe the whole situation is made interesting because our visa process was a 2 year followed by a 3 year leave to remain as opposed to a 3 year followed by a 2 year leave to remain. As such, our point requirements are no longer the same as they were on our initial application. I might be wrong, but in general, it seems that when the UKBA changes requirements they try to "grandfather" people in on the previous criteria that was applicable to them. Anyway, as such it looks like our circumstances have circumvented that.

We will pass the points qualifications irregardless of method, but just want to fill out the form correctly.

Question 3. Biometrics.

It's not very clear on the form how the biometrics are done. The applicant (my wife) is the only one who has to fill out the form. The dependants (me and our child) do not. Do they just schedule an appointment for all of us to go and get it done and when would this generally occur. Is it within the 28 day application process or after the ILR is granted.

Question 4. Child born in UK

Our child was born in the UK while we already had our leave to remain. When I last looked at this a year or so ago it appeared that we would not have to include (or pay for) the child as a dependant on the ILR, but instead could wait until after we received ILR and then apply for the child's UK citizenship. Is this still the case? Does it matter that the child has already been included as a dependant on our leave to remain? (We left the country to visit relatives so, unfortunately, had to add the child as a PBS dependant in order to get the child back into the country on our return). Will any of this bring questions as to why the child is not included in the application for ILR?

Question 5. A new child born in UK during the application process for ILR

My wife is due to give birth to our second child. The child is due to arrive about 2 weeks before we would receive ILR. Since we would be submitting the application 28 days beforehand the child would not have been born prior to submitting the application. Depending on the answer to question 4 above this may or may not be an issue.

Question 6. Life in the UK

We are planning on taking the Life in the UK test up to four months before our application. I saw it stated that the UKBA will keep your online results for a reasonable time period. I am assuming that four months out combined with the fact that we'll be providing the hard copy we would be given of the results and it won't be an issue.

#2 Victoria


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Posted 03 December 2012 - 09:48 PM

That's quite a few questions. Are you sure you wouldn't benefit from at least a consultation with a professional?

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