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ILR APPROVED (CROYDON PEO)- clarifying some doubts-28 days
Posted: Tue Oct 02, 2012 10:04 pm
by nionlight
Alhumdulillah. Dear friends, My ILR is approved in croydon peo on 25th September. HSMP+TIER 1, 1 salaried employment.
I was waiting for BRP before I post this. I already got my BRP.
I am thinking, it will be better to clarify some doubts that many of us have. So instead of mentioning the time line for the day ( checking in, payment etc, which is same for almost all) I am clarifying the confusion I had and I am sure many other people also have that.
28 Day Rule: my initial visa issue date was 23rd October 2007. Entered uk 14th November. extended visa till 23rd October 2012. I applied exactly 28 days before my current visa expiry date and no question was asked.
5 years residency means some one will have to be present in the uk for 5 years. Now this is not possible without 2nd extension, because there is absolutely no way to enter uk the same day entry clearance is granted. So it means 5 years residency is not possible without 2nd extension. Now the rule says some one can apply 28 days before the qualifying period.
But people get confused with '5 years continuous residency' with 'qualified for applying' ( which is 28 days before 5 years residency' ) The new rule clearly mentions about 5 years residency not 'qualifying for applying'. If some one thinks a bit, it will be clarified easily.
In a nut shell, if you entered uk within 3 months of entry clearance date, you can apply before 28 days of current visa expiry ( unless your current visa expires before 5 yeas of total visa period).
Less point: Now another confusion was about salary. As long as some one earns qualifying point, it doesn't matter how much point they claimed in previous extension. I claimed 85 points in tier-1 extension. But this time I claimed 75 points since my salary was less. And again no question was asked.
All right friends, if you have any query please feel free to ask. Good luck every one.
hi
Posted: Tue Oct 02, 2012 10:45 pm
by kkloon
Congratulations in getting your ILR.
It will be my turn soon to apply for my ILR...and I am still slightly confused with the regulations, the following are the relevant information for my case,
Visa: Work Permit
UK Entry Clearance (in my passport) validity 25/03/08 till 25/03/13
Entered the UK on the 19/04/08
I supposed based on the above, my 60 months is up on the 19/04/13. My understanding is I can only apply 28 days prior to 19/04/13, which means the earliest I can apply would be 22/03/13. By looking at the calender, that leaves me with Friday 22/03/13 and Monday 25/03/13 to apply before my entry clearance expires?
Please advise if I am correct in my calculation? The rules seems to make it hard for me to get my ILR.
Thanks in advance.
Posted: Tue Oct 02, 2012 10:56 pm
by wpilr_nov12
Kkloon,
The '3 month' leeway is to help those people in situation like yours -
if your 5 year period in UK cannot be completed by staring from your UK entry date, AND
if you entered within 3 months of getting a qualifying visa (entry clearance),
then you can count your 5 year period from the visa start date.
Posted: Tue Oct 02, 2012 11:11 pm
by arifahmmed
Hi nionlight, Big big congratulations for your Ilr and sharing experience with us. What documents you submit for supporting section 11L (For the period before you were granted leave as a Tier 1 General migrant, documents showing that you met
the relevant requirements of the immigration rules.)
Did you submit any employer letter.
Thanks
Posted: Tue Oct 02, 2012 11:51 pm
by nionlight
arifahmmed wrote:Hi nionlight, Big big congratulations for your Ilr and sharing experience with us. What documents you submit for supporting section 11L (For the period before you were granted leave as a Tier 1 General migrant, documents showing that you met
the relevant requirements of the immigration rules.)
Did you submit any employer letter.
Thanks
Thanks Arif. I Was under HSMP so no further documents required.
I submitted: 12 pay slips, 12 month bank statement and 5 p60s. That's all!
Posted: Tue Oct 02, 2012 11:52 pm
by nmm
Congratulations nionlight,
What cohab docs you submitted? Do we need to provide docs for each month from last 2 year?
Re: hi
Posted: Tue Oct 02, 2012 11:53 pm
by nionlight
kkloon wrote:Congratulations in getting your ILR.
It will be my turn soon to apply for my ILR...and I am still slightly confused with the regulations, the following are the relevant information for my case,
Visa: Work Permit
UK Entry Clearance (in my passport) validity 25/03/08 till 25/03/13
Entered the UK on the 19/04/08
I supposed based on the above, my 60 months is up on the 19/04/13. My understanding is I can only apply 28 days prior to 19/04/13, which means the earliest I can apply would be 22/03/13. By looking at the calender, that leaves me with Friday 22/03/13 and Monday 25/03/13 to apply before my entry clearance expires?
Please advise if I am correct in my calculation? The rules seems to make it hard for me to get my ILR.
Thanks in advance.
You are fine with 3 months rule. The earliest you can apply is at Monday, 25 February 2013
Posted: Tue Oct 02, 2012 11:55 pm
by nionlight
nmm wrote:Congratulations nionlight,
What cohab docs you submitted? Do we need to provide docs for each month from last 2 year?
I didn't apply for my wife. so no cohab documents were required.
Posted: Wed Oct 03, 2012 5:21 am
by Ozair
Congratulations!
Posted: Wed Oct 03, 2012 9:24 am
by mcove
Does it mean that what is written in the ILR FAQ post here on the forum about when one can apply is incorrect?
"One can apply no earlier than 28 days before the 4th (HSMP before 03-Apr-06) / 5th (other economic migrants) anniversary of either date of entry in the UK (overseas applications) or date of switching (in-country applications) as a economic migrant in a category that leads to settlement".
My work permit visa is from 05/12/2007 until 05/12/2012.
I entered the UK on 16/12/2007.
Can I apply 28 days before 05/12/2012 or 28 day before 16/12/2012?
Posted: Wed Oct 03, 2012 10:12 am
by nionlight
mcove wrote:Does it mean that what is written in the ILR FAQ post here on the forum about when one can apply is incorrect?
"One can apply no earlier than 28 days before the 4th (HSMP before 03-Apr-06) / 5th (other economic migrants) anniversary of either date of entry in the UK (overseas applications) or date of switching (in-country applications) as a economic migrant in a category that leads to settlement".
My work permit visa is from 05/12/2007 until 05/12/2012.
I entered the UK on 16/12/2007.
Can I apply 28 days before 05/12/2012 or 28 day before 16/12/2012?
Hi the rule is not incorrect. New 3 months rule was introduced few months ago which applies to any one who got total ( 3+2 or 2+3 or any other) 5 years visa. Because there is absolutely no way to fulfil 5 years continuous residency. It is because as I explained earlier, no one can enter in the UK same day entry clearance was issued. it means if some one got 5 years visa there is no way to fulfil 5 years continuous stay.
Applying 28 days before qualifying period is actually not 'actual 5 year residency'. This is where people get confused.
You can apply 28 days before 05/12/2012 Good luck
Posted: Wed Oct 03, 2012 6:48 pm
by arifahmmed
Hi nionlight: you were hsmp +tier 1 so presume you choose option tier1 general on section 3 (which category set o form page 9).
could you please look this thread and tell us what you thought before submitting your ILR on that 11L
http://www.immigrationboards.com/viewto ... ht=#715551
regards
Posted: Thu Oct 04, 2012 1:56 pm
by nionlight
arifahmmed wrote:Hi nionlight: you were hsmp +tier 1 so presume you choose option tier1 general on section 3 (which category set o form page 9).
could you please look this thread and tell us what you thought before submitting your ILR on that 11L
http://www.immigrationboards.com/viewto ... ht=#715551
regards
Nothing. I even didn't tick the section 11L as this doesn't make any sense any way.
before Tier-1 general I was HSMP. Home office already has the record of entry clearance and tier-1 extension and everything. It is insane to ask again about meeting requirements. I think this section is for people that were work permit holder, or psw or student before they got Tier-1 or HSMP.
Posted: Thu Oct 04, 2012 2:02 pm
by Ozair
nionlight wrote:arifahmmed wrote:Hi nionlight: you were hsmp +tier 1 so presume you choose option tier1 general on section 3 (which category set o form page 9).
could you please look this thread and tell us what you thought before submitting your ILR on that 11L
http://www.immigrationboards.com/viewto ... ht=#715551
regards
Nothing. I even didn't tick the section 11L as this doesn't make any sense any way.
before Tier-1 general I was HSMP. Home office already has the record of entry clearance and tier-1 extension and everything. It is insane to ask again about meeting requirements. I think this section is for people that were work permit holder, or psw or student before they got Tier-1 or HSMP.
I think if you have a PEO appointment, such small errors can be ignored. I mistakenly ticked the very first question as "NO" where it asks you if you are applying under HSMP, are you applying according to judicial review. I should have left it blank but ticked it one night before. It didnt affect at all.
Posted: Thu Oct 04, 2012 4:49 pm
by ldbright
Thank you very much as the feedback from an actual experience can save lots of discussion and speculation.
Posted: Thu Oct 04, 2012 5:28 pm
by arifahmmed
nionlight wrote:
Nothing. I even didn't tick the section 11L as this doesn't make any sense any way.
before Tier-1 general I was HSMP. Home office already has the record of entry clearance and tier-1 extension and everything. It is insane to ask again about meeting requirements. I think this section is for people that were work permit holder, or psw or student before they got Tier-1 or HSMP.
I am with you and this is right. I will tick this 11L to me this tick is for supporting 11A only.
TO: Arifahmed and nionlight/ section 11L
Posted: Fri Oct 05, 2012 10:27 am
by a_hassan
Guys,
I am really enjoying this forum as everyone is keen to share his/her experience and knowledge.
For ILR application SET(O), section 11, page 40, it says on the top of this page that:
1- All applicants must complete 11A (all agree)
2- you must ALSO provide relevant documents specified in sections 11B -to 11V for the category in which you are applying.
I have looked and found the only category applicable for 2y(HSMP+3y(Tier1) is section 11L.
So, I understand that it is a must to tick 11A, and in our case (Tier1) 11L
11L says evidence specified in section9, which is all about previous earning whether its P60, payslips, bankstatement, company letter, accountant books....
Do you agree?
I am applying for my ILR in 5-7 weeks time, still no luck with PEO appointment
Which section you mean dear Ozair?
Posted: Fri Oct 05, 2012 10:33 am
by a_hassan
Ozair wrote:
I think if you have a PEO appointment, such small errors can be ignored. I mistakenly ticked the very first question as "NO" where it asks you if you are applying under HSMP, are you applying according to judicial review. I should have left it blank but ticked it one night before. It didnt affect at all.[/quote]
Hi Ozair,
could you please advise which part is that? is it the category part -section- in page 9? i understand that you were HSMP(2y)+Tier1(3y)
Thank you very much as all these discussions help alot
Re: Which section you mean dear Ozair?
Posted: Fri Oct 05, 2012 10:36 am
by Ozair
a_hassan wrote:Ozair wrote:
I think if you have a PEO appointment, such small errors can be ignored. I mistakenly ticked the very first question as "NO" where it asks you if you are applying under HSMP, are you applying according to judicial review. I should have left it blank but ticked it one night before. It didnt affect at all.
Hi Ozair,
could you please advise which part is that? is it the category part -section- in page 9? i understand that you were HSMP(2y)+Tier1(3y)
Thank you very much as all these discussions help alot
It was the very first question on PAYMENT DETAILS:SET(O) page 4
Also i filled in 11A and 11L
Thanks Ozair
Posted: Fri Oct 05, 2012 11:20 am
by a_hassan
Thanks Ozair, very helpful note as I was going to tick same box as NO, so I will leave it blank.
Highly appreciated your quick response
Posted: Fri Oct 05, 2012 12:56 pm
by adnanmirza
What's the rule for individuals who are in country when they got hsmp/tier1
I got hsmp on 28 dec 2007 (I was in uk at this time)
Got tier1 general in jan 2009 valid till 13 jan 2013
My 5 years will be completed on 28 dec 2012. Does that mean I can apply from 1dec 2012 based on 28 days rule? Or is it 28 days from 13jan 2013?
Please help as I am confused now
Thanks
Posted: Fri Oct 05, 2012 1:05 pm
by wpilr_nov12
adnanmirza wrote:What's the rule for individuals who are in country when they got hsmp/tier1
I got hsmp on 28 dec 2007 (I was in uk at this time)
Got tier1 general in jan 2009 valid till 13 jan 2013
My 5 years will be completed on 28 dec 2012. Does that mean I can apply from 1dec 2012 based on 28 days rule? YES Or is it 28 days from 13jan 2013?No
Please help as I am confused now
Thanks
ILR APPROVED (CROYDON PEO)- clarifying some doubts-28 days
Posted: Mon Oct 08, 2012 8:15 pm
by somemightsay
Nionlight, how many absences did you have? Were you missing any entry / exit stamps in your passport? If so, what backup did you have for the dates that you listed on your application with missing stamps?
Re: ILR APPROVED (CROYDON PEO)- clarifying some doubts-28 da
Posted: Mon Oct 08, 2012 9:01 pm
by nionlight
somemightsay wrote:Nionlight, how many absences did you have? Were you missing any entry / exit stamps in your passport? If so, what backup did you have for the dates that you listed on your application with missing stamps?
I had 135 days. Didn't have any missing stamps. But to be honest I don't think they check every stamps unless total absences is hitting the 180 mark. I had some uk entry stamps that is almost invisible and I am sure the caseworker wont find it.
They should have record of every entry to the uk in their computer anyway.