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ILR after 2nd extension
Posted: Wed May 16, 2012 5:22 pm
by hsmp0804
Hello All,
I got a doubt regarding when can I apply for ILR.
-Got Hsmp 6 Aug 2007, expiring 6 Aug 2009,
-Entered UK 14 Sept 2007 ( i.e. 39 days after getting EC) , (of course falls within 3 months rule)
-Extended to Tier1(G) starting 6 Aug 2009, expiring 6 Aug 2012
-Applied for second extension (by post, waiting for decision) expecting visa expiry till 6 Aug 2014.
I know I could have avoided second extension but had some personal reasons to go for second extension.
So my question is can I apply for ILR(in person) from 28 days before 6 Aug 2012? If not when is the earliest I can apply?
ILR guidence notes say you one can apply 28 days before current leave expires.
Any comments please?
Posted: Wed May 16, 2012 9:24 pm
by geriatrix
hsmp0804 wrote:-Applied for second extension (by post, waiting for decision) expecting visa expiry till 6 Aug 2014.
Note the sentence in highlighted in blue and the text underlined:
In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months.
Assuming that your 2nd extension will be approved, you will have enough leave to complete the 5 years qualifying period. You should apply no earlier than 28 days before the 5th anniversary of your date of entry in the UK.
Posted: Wed May 16, 2012 10:13 pm
by silent_warrior
Just to add a few success stories (of the '28 days rule') to the reply given by sushdmehta check these links
http://www.immigrationboards.com/viewtopic.php?t=101886 and
http://www.immigrationboards.com/viewtopic.php?t=101766
I would recommend reading the complete links (and sub links below). These are very interesting cases
Posted: Thu May 17, 2012 11:29 am
by hsmp0804
Thanks sushdmehta,
Yes I belive applying in-person after 17th Aug 2012 (28 days before 5th anniversary of my UK arrival date) would be a safe in my case.
Thanks silent_warrior,
These cases are interesting in deed.
Was just curious, do you see 28 days rule from qualifying period (Not from current leave) mentioned anywhere else apart from following?
http://www.ukba.homeoffice.gov.uk/about ... youarrive/
When can you make your application?
We will consider any valid application to extend your visa, regardless of when you make it.
If you are applying for settlement (also known as 'indefinite leave to remain'), you will normally need to have lived in the UK for a specified length of time before you apply. This is called the 'qualifying period'. For more information, see the section of this website for your current immigration category. Do not apply for settlement more than 28 days before the end of your qualifying period. If your current permission to remain in the UK will expire before you qualify for settlement, you cannot yet apply - instead, you will need to apply for permission to extend your stay.
Posted: Thu May 17, 2012 11:34 am
by geriatrix
Qualifying period = (e.g. - in PBS cases) 5 years from the date of entry in the UK (as a PBS migrant).
The concession allows applications to be submitted when people have not completed the qualifying period because they delayed travel to UK by no more than 90 days and will not have "legal right to be in UK" (i.e.- valid leave) on the 5th anniversary of their entry (end of qualifying period).
Do note that others who use (or have used) the concession have not applied for a 2nd extension ... and therefore do not have enough "valid leave" to complete the 5 year residential period. And that is how your case is different from those the links for which have been provided above (and others).
In your case, your 2nd extension (under process) will give you that extra days .. to complete the 5 year period. And that's why I had suggested what I did earlier.
That said, I do agree that it will all boil down to the interpretation of the UKBA staff who reviews your settlement application ... the choice is yours. But, IMHO, a few weeks is not going to make a difference!
Posted: Thu May 17, 2012 2:42 pm
by hsmp0804
Hi sushdmehta,
Exactly. I totally agree with you thats why I said applying in-person after 17th Aug 2012 (28 days before 5th anniversary of my UK arrival date) would be a safe in my case. you too agree with this right?
If I had not gone for second extension, I would have been elighible for ILR on/after 28 days before 6th Aug 2012.
Posted: Thu May 17, 2012 3:26 pm
by silent_warrior