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wpilr_nov12 wrote:Your delay is 91 days, so technically you have EXCEEDED the 90 day grace period.

Maybe try your luck by booking PEO appointment at Solihull using your 5 yr qualifying period to start from EC date. Worst case - you will be asked to extend your current leave.

go2khurram wrote: Thanks for your reply....
Are you suggesting to enter the EC Date where we suppose to enter the actual entry date in the SET(O) form...

NO.

cs95tdg wrote:I don't believe that's what's being suggested here, as you need to fill the form truthfully and clearly your passport visa vignette or BRP will state what your actual EC date was.

If I've understood wpilr_nov12 correctly, he is suggesting that you try an in-person application at Solihull PEO, to see if the CW will consider the time between EC & date of first entry towards your 5 year residence, even though your first entry doesn't exactly fit the 3 month late entry time period allowed according to the guidance. Unlike other PEO's they appear to assess your application before taking payment, so if you don't qualify then they will tell you beforehand and suggest what you should do. E.g. apply for a T1G extension or apply by post to cover the gap.

go2khurram wrote:even apply post is not required that you have to qualify on the date of the application...

cs95tdg wrote:

go2khurram wrote:even apply post is not required that you have to qualify on the date of the application...

No, it is the date that they actually consider your application that matters. As there is a delay in the length of time it takes to process postal applications, you could gain some time towards your 5 year residence by applying by post. In order to get this benefit, you would need to apply closer towards your T1G LTR expiry date. Note however that the exact time taken for processing a application may vary over time and is therefore a unknown. The key problem most people have with this approach is that they need to travel and hence cannot have their passport and BRP tied-up for that length of time. However if you have no overseas travel plans in the near future, this may be a suitable option for you.

A couple of facts: The UKBA only consider any application after submission of Biometrics. You will be covered by S3C from the date of expiry of your current LTR to the decision date if the UKBA don't make a decision on your application before your current LTR expires.

wpilr_2012, glad to help. And yes it appears that we have covered the same mileage today.

cs95tdg wrote:I'm not entirely sure why this particular piece of information would confuse you. If you intend to apply by post, you should apply closer to your current LTR expiry date anyway. I.e. not before 28 days of LTR expiry. So unless I'm missing something, this is a non issue for you.

Those applicants who apply in persion should not book an appointment for more than 28 days before the 5th anniversary of their residence (i.e. ILR eligibility date).

go2khurram wrote:If the case work take the date of application as when the actual application was sent to HO then I will be in trouble but if the case worker calculate on day of decision then its absolutely fine .... I am not sure is there any guideline available for caseworker about the "date of application".

cs95tdg wrote:

go2khurram wrote:If the case work take the date of application as when the actual application was sent to HO then I will be in trouble but if the case worker calculate on day of decision then its absolutely fine .... I am not sure is there any guideline available for caseworker about the "date of application".

Here you are now referring to your absences, which you haven't mentioned up until now. You appear to be suggesting that you have an excessive number of absences in your last year or more. You will need to elaborate further for anyone to be able to comment, as at the moment all I would be able to do is guess what additional aspects need to be considered. I.e. to determine the most suitable course of action (I.e. postal ILR application, T1G extension, or T1G extension and then ILR variation) you would need to share your application background in detail. E.g. absences. If you have additional complications such an excessive number of absences, you may very well need to go for a T1G extension, but I'm unable to comment on this, based on the information you have shared up until now.

cs95tdg wrote:If what you say is true, then all I can say is that again the date of application is not significant. The reason is because, if you meet the annual absence threshold at the time/date of your postal application, there is no way you can exceed it after you post the application. I.e. because you will be present in the UK from that day onward.

Note that your late entry here will not be an absence as absences are counted from the time you first enter the UK. Your 5 year residency in this case begins from that date, as you entered more than 3 months after EC.

wpilr_nov12 wrote:Your delay is 91 days, so technically you have EXCEEDED the 90 day grace period.

Maybe try your luck by booking PEO appointment at Solihull using your 5 yr qualifying period to start from EC date. Worst case - you will be asked to extend your current leave.

go2khurram wrote:Do they perform any pre-check before sending the cases to biometric team or the actual case worker to check the eligibility of the application?

or in worst case scenario if they refuse the application (within 2 months time) will HO gives right of appeal or right to re-apply?

Applications wrote:A person who varies their application does not have to pay an additional fee unless the new ground they want to be considered under has a higher fee than their original application. In this case, they must pay the difference between the original fee and the new higher fee.

This means a valid variation will look like a new application. You must check CID to see if an earlier application exists. This will tell you whether the specified form is a variation of an existing application.

vinny wrote:You are just over the 3-month entry concession.

Option 1. You may apply by registered post for an extension shortly before leave expires. It's possible to vary (not withdraw) this application to ILR when you are eligible, if it's still undecided.

Applications wrote:A person who varies their application does not have to pay an additional fee unless the new ground they want to be considered under has a higher fee than their original application. In this case, they must pay the difference between the original fee and the new higher fee.

Option 2. You may apply by registered post for an ILR shortly before leave expires. If you are eligible on the date of the decision, then you should be ok.

vinny wrote:You are just over the 3-month entry concession.

Option 1. You may apply by registered post for an extension shortly before leave expires. It's possible to vary (not withdraw) this application to ILR when you are eligible, if it's still undecided.

Applications wrote:A person who varies their application does not have to pay an additional fee unless the new ground they want to be considered under has a higher fee than their original application. In this case, they must pay the difference between the original fee and the new higher fee.

Option 2. You may apply by registered post for an ILR shortly before leave expires. If you are eligible on the date of the decision, then you should be ok.

zahid.ali.anwar wrote:This is exactly, what I have told you. Stay calm and everything will be sorted. Just pray they don't change the process/rules at the very last minute.

vinny wrote:You are just over the 3-month entry concession.

Option 1. You may apply by registered post for an extension shortly before leave expires. It's possible to vary (not withdraw) this application to ILR when you are eligible, if it's still undecided.

Applications wrote:A person who varies their application does not have to pay an additional fee unless the new ground they want to be considered under has a higher fee than their original application. In this case, they must pay the difference between the original fee and the new higher fee.

Option 2. You may apply by registered post for an ILR shortly before leave expires. If you are eligible on the date of the decision, then you should be ok.