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ILR Eligibility vs Visa Exipiry
Posted: Sat Jan 19, 2013 3:56 pm
by anoop1983
Sorry if this question is a duplicate, I couldn't find a similar issue in this forum yet,
Here are my details,
Entry Clearance : 08th June 2008
Date of Entry : 15th June 2008 on Work Permit
Switched to T1 G: 25th May 2011
T1 Valid until : 25th May 2013
If I understand correctly, I can apply for ILR 28 days before the fifth anniversary of my EC which will be anytime after: 11th May 2013.
Since my visa is expiring on 25th May 2013, I can apply for ILR somewhere between 11th and 25th May.
The question I have is, would it be a reason for a case worker to reject my ILR request, saying, I wouldn't qualify for it, as I wouldn't be able to complete my 5th Anniversary (8th June 2013) with my current visa?
Would you suggest instead for me to first renew my T1G, and then apply for ILR?
Posted: Sat Jan 19, 2013 4:04 pm
by Lucapooka
You are eligible to apply 28 days before June 15.
Posted: Sat Jan 19, 2013 5:58 pm
by anoop1983
Lucapooka wrote:You are eligible to apply 28 days before June 15.
Seems like there are other posts in this board which says otherwise.
http://www.immigrationboards.com/viewto ... 53fe60bb2f
Neverthless, that does't answer my original query.
In cases where the T1(G) visa expiry falls in the middle of the 28 days prior to 5 year anniversary, Can I apply for ILR at the earliest possible date and avoid a T1(G) extension?
Posted: Sat Jan 19, 2013 6:55 pm
by Lucapooka
The other posts say otherwise because they are with regard to five years with shortfall due to late entry - but continuous leave in the same immigration category! You switched category and thus removed yourself from the 3 month late entry concession.
Re: ILR Eligibility vs Visa Exipiry
Posted: Sat Jan 19, 2013 8:41 pm
by cs95tdg
anoop1983 wrote:Entry Clearance : 08th June 2008
Date of Entry : 15th June 2008 on Work Permit
Switched to T1 G: 25th May 2011
T1 Valid until : 25th May 2013
If I understand correctly, I can apply for ILR 28 days before the fifth anniversary of my EC which will be anytime after: 11th May 2013.
Since my visa is expiring on 25th May 2013, I can apply for ILR somewhere between 11th and 25th May.
The question I have is, would it be a reason for a case worker to reject my ILR request, saying, I wouldn't qualify for it, as I wouldn't be able to complete my 5th Anniversary (8th June 2013) with my current visa?
Would you suggest instead for me to first renew my T1G, and then apply for ILR?
I believe your question is answered in this thread where another applicant wrote to the Settlement Policy Ops team to get confirmation about whether extant leave is required to cover the entire 5 year residence, when applying 28 days before the qualifying period. See
http://www.immigrationboards.com/viewtopic.php?t=102227
Also note that contrary to my previous understanding, I received confirmation from the UKBA, that the late entry concession would also apply to those who have switched immigration categories from WP to T1G. I made use of this concession and was granted ILR this week (
http://www.immigrationboards.com/viewtopic.php?t=101604).
Re: ILR Eligibility vs Visa Exipiry
Posted: Sun Jan 20, 2013 5:02 pm
by anoop1983
cs95tdg wrote:I believe your question is answered in this thread where another applicant wrote to the Settlement Policy Ops team to get confirmation about whether extant leave is required to cover the entire 5 year residence, when applying 28 days before the qualifying period. See
http://www.immigrationboards.com/viewtopic.php?t=102227
Also note that contrary to my previous understanding, I received confirmation from the UKBA, that the late entry concession would also apply to those who have switched immigration categories from WP to T1G. I made use of this concession and was granted ILR this week (
http://www.immigrationboards.com/viewtopic.php?t=101604).
Brillaint, the exact question I was looking an answer for! Can't thank you enough.
And yes, I am aware that WP + T1 is eligible for concession. But anyway, thanks for confirming.
Also, congratulations on your successs, and all the best for your future.