When Can I apply for ILR

glasgow · Post by **glasgow** » Thu May 02, 2013 9:33 pm

Please, can some one here help confirm when I can rightly apply for ILR?

I will be exactly 5 years on Tier 1 (General) by 10-July-2013. However my current Tier 1 visa will expire by 06-Jan-2014.

So my question is: when should I apply? Will it be within:
1. 28 days before 10-July-2013?
2. Exactly at 5 years (that is on or after 10-July-2013)?
3. Or is it 28 days before 06-Jan-2014?

I will appreciate it if you can let me know when I can apply. I really don't want to loose my application fee.

Thanks

Post by **vinny** » Fri May 03, 2013 12:25 am

All three options are possible, subject on how your absences are spread out over the preceding 5 years.

Option 2 should be safest for a PEO application.

Postal Option 3 will give you a right of appeal, if refused after expiry of leave.

xyz111 · Post by **xyz111** » Fri May 03, 2013 8:13 am

vinny wrote:All three options are possible, subject on how your absences are spread out over the preceding 5 years.

Option 2 should be safest for a PEO application.

Postal Option 3 will give you a right of appeal, if refused after expiry of leave.

If someone has not exceeded their allowance i.e. only 50 days out in total 5 years and have visa that will take them beyond 5 years mark. Then can they apply 28 days before 5th anniversary? that is after completing 4 years and 11 months??? Thanks.

glasgow · Post by **glasgow** » Fri May 03, 2013 8:25 am

I have only been away for a month in the last 5 years

xyz111 · Post by **xyz111** » Fri May 03, 2013 8:31 am

glasgow wrote:I have only been away for a month in the last 5 years

The question is if someone not stuggling with expiration and have plenty of visa after completing 5 years (including concession period) then can they still enjoy 28 days rule. In their case they would be apply before 28 days their 5th anniversary while taking into account the 3 months concession......!!!

Thanks.

glasgow · Post by **glasgow** » Fri May 03, 2013 2:28 pm

vinny wrote:All three options are possible, subject on how your absences are spread out over the preceding 5 years.

Option 2 should be safest for a PEO application.

Postal Option 3 will give you a right of appeal, if refused after expiry of leave.

Considering that I have only been away for 30 days since June 10, 2008, can I apply within 28 days before June 10 , 2013? That is, does 28 days before exactly 5 yrs apply in my case considering that my Tier 1 visa is still valid till Jan 06, 2014?

A straight and clear answer or suggestion will be appreciated.

Manka10 · Post by **Manka10** » Fri May 03, 2013 3:07 pm

doesnt matter for how long you have the LTR, you can apply 28 days before completing 5 years

http://www.immigrationboards.com/viewtopic.php?t=133944

glasgow · Post by **glasgow** » Fri May 03, 2013 10:59 pm

I wanted to book an online appointment for ILR but the drop down list for "Which service are you applying for?" question does not have ILR listed.

Please, what other service should I select? Is it SET(O)?

I have been on Tier 1 visa for 5 years. Thank you.

Emrah · Post by **Emrah** » Fri May 03, 2013 11:12 pm

glasgow wrote:I wanted to book an online appointment for ILR but the drop down list for "Which service are you applying for?" question does not have ILR listed.

Please, what other service should I select? Is it SET(O)?

I have been on Tier 1 visa for 5 years. Thank you.

Yes you have to apply for SET O

glasgow · Post by **glasgow** » Tue May 07, 2013 11:35 pm

I will soon be 5 years in Tier 1 (General) visa and I intend to apply for ILR using SET(0) form. But in "Session 3 - Which Category" (page 9), there is no option for Indefinite Leave to Remain for me to select.

Please, if I select Tier 1 General Migrant option, will it application be treated as ILR?

Another question: On income source, do I have to include my wife's income in total family income even though my income is high enough for this application?

Thanks.

deleted_user · Post by **deleted_user** » Wed May 08, 2013 8:51 am

glasgow wrote:I will soon be 5 years in Tier 1 (General) visa and I intend to apply for ILR using SET(0) form. But in "Session 3 - Which Category" (page 9), there is no option for Indefinite Leave to Remain for me to select.

Select "Tier 1 General" the category on the basis of which you are applying ILR.

glasgow · Post by **glasgow** » Wed May 08, 2013 8:04 pm

Thank you dimension7.

stokbrig · Post by **stokbrig** » Thu May 09, 2013 11:17 am

xyz111 wrote:
vinny wrote:All three options are possible, subject on how your absences are spread out over the preceding 5 years.

Option 2 should be safest for a PEO application.

Postal Option 3 will give you a right of appeal, if refused after expiry of leave.
If someone has not exceeded their allowance i.e. only 50 days out in total 5 years and have visa that will take them beyond 5 years mark. Then can they apply 28 days before 5th anniversary? that is after completing 4 years and 11 months??? Thanks.

Where you got this 50 days allowance from!? please advise

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When Can I apply for ILR

When Can I apply for ILR