Application Timing Query for ILR - with extension

Hi,

New question as opposed to the prev query.

So it now looks likely that it is the ILR my wife will be applying for, but she wants to avoid some of the timing traps that appear to be used by UKVI/UKVCAS.
What is the 28 day rule for applying?   Is it possible to apply too early?

Now my wife's initial Visa was 26/3/15 - 26/12/17
Visa Bail,
then FLR 23/02/18 - 23/08/20

When would be the best time to apply for the ILR?

Thanks,
Richard

Assuming that the time she spent on immigration bail will count towards her 5 years for ILR, then she qualified to apply for ILR on 27th February 2020 (28 days before 26th March 2020).

This means that there is no worry over timing traps, because she has been eligible to apply for the last 4 months... so, she can apply at any time between today and her visa expiry date: 23rd August 2020.

Therefore, the 'best time' to apply will be whenever she is ready to apply... i.e. when she has all her documents gathered and you've prepared everything for the application.

Proof of employment - Letter from Employer

I got one of these earlier in the year for the application. However, my wife has been reading on various forums about the letter needing to be dated within the magical 28 days of application. Is there any truth to this. I can see nothing to indicate it in the information, see below.
Application going in start of July, letter dated Mid March.  On a permanent contract, all payslips and bank statements showing payments collected, showing salary paid in.

It also reads the same on the online form.  Has anyone had any issues with a letter dated a couple of months prior to the application?

Thanks,
Richard

From - appendix fm 1.7 financial requirement
Section - 5.6. Salaried and non-salaried employment – specified evidence
5.6.1. The evidence required to demonstrate income from salaried employment (and, by virtue of paragraph 18(d), non-salaried employment) is specified in Appendix FM-SE:
2. In respect of salaried employment in the UK (except where paragraph 9 applies1), all of the following evidence must be provided:
(a) Payslips covering:
(i) a period of 6 months prior to the date of application if the person has been employed
by their current employer for at least 6 months (and where paragraph 13(b) of this
Appendix does not apply); or
(ii) any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a self-employed person.
(b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:
(i) the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).
(c) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 2(a), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.
(d) Where the person is either a director or employee (or both) of a limited company based in the UK, evidence that the company is not a type specified in paragraph 9(a). This can include the latest Annual Return filed at Companies House.
In addition to the evidence listed above, paragraph 2A of Appendix FM-SE specifies that P60(s) for the relevant period(s) of employment (if issued) and a signed contract(s) of employment may also be submitted in respect of paid employment in the UK. If they are not submitted, the decision-maker may grant the application if otherwise satisfied that the requirements of Appendix FM-SE relating to that employment are met, or they may ask for the documents to be submitted in accordance with paragraph D of the Appendix.

It should be dated within 28 days. Can you ask them for an updated one, and explain that it is a Home Office requirement? If it helps you can even send a copy of the original letter back to make things easy for them!

Yes, as mentioned, it must be dated within 28 days, along with the rest of the financial evidence.
This is the relevant excerpt from the guidance.

.(l) Where this Appendix requires the applicant to provide specified evidence relating to a period which ends with the date of application, that evidence, or the most recently dated part of it, must be dated no earlier than 28 days before the date of application.

Proof of employment - Letter from Employer

I got one of these earlier in the year for the application. However, my wife has been reading on various forums about the letter needing to be dated within the magical 28 days of application. Is there any truth to this. I can see nothing to indicate it in the information, see below.
Application going in start of July, letter dated Mid March.  On a permanent contract, all payslips and bank statements showing payments collected, showing salary paid in.

All financial documents must be dated within 28 days of the online application date.

This includes:
- latest payslip
- latest bank statement
- employer letter

If any of those are dated MORE than 28 days before your online application date, the visa can be refused.

From Appendix FM 1.7:
3.3.8. Where Appendix FM-SE requires the applicant to provide specified evidence relating to a period which ends with the date of application, that evidence must be dated no earlier than 28 days before the date of application

From Appendix FM-SE:
(l) Where this Appendix requires the applicant to provide specified evidence relating to a period which ends with the date of application, that evidence, or the most recently dated part of it, must be dated no earlier than 28 days before the date of application.

Ok thanks,
Richard

Assuming that the time she spent on immigration bail will count towards her 5 years for ILR, then she qualified to apply for ILR on 27th February 2020 (28 days before 26th March 2020).

cycrik, has your wife to checked to see if her overstaying has broken her 5 years to ILR?

HI Sirius,

we are still waiting to hear. From all that we have heard so far, it doesn't appear to have, but...

It is one of many issues we are dealing with at the moment.

Still waiting for SARU to get back to us with a clear answer.
Thanks,
Richard

Ok, So.
We received my wife's immigration records. The application was considered on time due to having gotten it in within the time frame after the refusal of the first application.
It mentions that the BRP expiration was extended to August 23.
So the question now is, when would she be eligible to apply?

Also, will the fact that the payment was received in the initial application and that she was put on bail - will that be seen as poor character for her UK citizenship?

Thanks,
Richard

Ok, So.
We received my wife's immigration records. The application was considered on time due to having gotten it in within the time frame after the refusal of the first application.
It mentions that the BRP expiration was extended to August 23.
So the question now is, when would she be eligible to apply?

Since it was considered an in-time application, she's been eligible to apply since 27th February 2020, and she has until August 23rd 2020 to get the online application submitted.

Also, will the fact that the payment was received in the initial application and that she was put on bail - will that be seen as poor character for her UK citizenship?

Not sure, but you don't need to be thinking about that right now.

Get her ILR sorted first, then you can worry about qualifying for citizenship when ILR is out of the way.

Edited to add:
You can have a look at the Good Character requirements here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/770960/good-character-guidance.pdf

HI Everyone,

We are looking at clarifying a few things before speaking to an adviser next week.

1. Given the Bail extension to the Visa, When Should my wife apply for ILR.
Original Entry to UK 5/5/15 visa extended to 23/8/20.

2. Does Immigration Bail affect either ILR or Citizenship, regarding good character?

3. Do we need to mention the Immigration bail in the cover letter, so we don't get rejected due to lack of disclosure?

4. Does she need to mention an arrest in the cover letter or anywhere else, even though it has been dropped and labelled no further action?

5. For the financial requirement. Whilst I have a job and a letter stating permanent employment, though on Furlough, if I do get made redundant before or during the application, how would that affect the financial status?

6. Is there any special consideration for Q5. given the current extraordinary situation?

Thanks,
Cycrik