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Vineet S
Vineet S,
Category: Immigration Law
Satisfied Customers: 4095
Experience:  Freelance Solicitor at Self Employed
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I have been applying for my ILR today as my 5 years on tier

Customer Question

Hi I have been applying for my ILR today as my 5 years on tier 2 spouse visa is completed.My husband already has ILR now and its been a year.Now when I am applying through ILR form it show a question which I dont know what the answer is if you can help in this please,as I am not sure which category applies now as my husband is not on tier 2 anymore.
Thanks
Submitted: 20 days ago.
Category: Immigration Law
Expert:  Vineet S replied 20 days ago.

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today. Please note, Just Answer is an information sharing platform in a Q/A format and does not provide legal representation in any form and as such no legal lawyer/client relationship is formed.

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I will go through your question and will get back to you with my answer shortly.

Expert:  Vineet S replied 20 days ago.

You are dependent of previously PBS applicant.

Expert:  Vineet S replied 20 days ago.

You yourself are not on skilled work visa or tier 2, you are dependent of main visa PBS visa holder.

Customer: replied 20 days ago.
i am a dependent on previous PBS applicant
Customer: replied 20 days ago.
No I don’t have any other visa status
Expert:  Vineet S replied 20 days ago.

So, you are not PBS applicant , but a dependent of PBS visa holder.

Expert:  Vineet S replied 20 days ago.

You need to use form SET (M)

Expert:  Vineet S replied 20 days ago.

Click below weblink  to apply online using the set(m) form

https://visas-immigration.service.gov.uk/product/set-m

Expert:  Vineet S replied 20 days ago.

I trust this helps.

If you need further assistance, please let me know.

In the meantime, thank you for using Just Answers. Best wishes.

Customer: replied 20 days ago.
Ok thanks I was doing that but there in finance section there was a statement that we need to have 18500£ pay but i am confused is it mine pay per annum or sponsor as i am self employed started few months ago and have registered my own limited company but i dont have any tax returns yet but i can show pay in my bank statements but no payslips
Expert:  Vineet S replied 20 days ago.

Financial requirement can be met by your salary /earning or by your sponsor or combined salary of both of you , must be £18,500 per annum.

Thank you.

Customer: replied 20 days ago.
Thankyou very much.Also 1 more confusion please if you have gap of 2 days between your visa expiry and earliest date of applying for ILR then what is the best way of preventing overstaying as its must I believe to not apply for ILR before that 28 days mark?
Thanks
Expert:  Vineet S replied 20 days ago.

Usually you can apply 28 days prior to the date you entered the UK, but if you entered the UK within 3 months of your visa being issued, you are eligible to apply 28 days prior the issue date on the visa, for your ILR.

The earliest possible application date is 28 days before the five-year anniversary of the granting of leave to enter the UK (i.e. not the date you actually entered the UK). This is because the Home Office include the time between the granting of the visa and your entry into the UK as part of your leave time in the UK.

If, however, the gap between being granted leave and entering the UK is more than 90 days, then this is not included,

Thank you. Best wishes.

Customer: replied 20 days ago.
Ok understood but I arrived within 13 days of granting visa first time so according to that the earliest date of applying for ILR and expiry is 2 days so what can be legit way of preventing overstaying for 2 days?
Expert:  Vineet S replied 20 days ago.

So, earliest you can apply is 28 days before the grant of leave to enter .

Thank you.