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Waiting for the result on Extention
Posted: Sun Dec 17, 2017 1:35 pm
by nish_patel7
Hello,
How long before I can make the ILR application if my extention application is under process, it seems like its gonna take another 6 months atleast before they decide, my question is i have got roughly one year left for my 10 years to complete, can you make ILR application early and if yes how early? I heard people do apply early.
Thanlks
Nish
Re: Waiting for the result on Extention
Posted: Sun Dec 17, 2017 2:01 pm
by marcnath
You mean ILR (LR) application. That is still 28 days before you qualify.
The Long Residence guidance for CWs states this:
Applications being considered more than 28 days before the required qualifying period is completed
If you are considering an application more than 28 days before the applicant completes the required qualifying period for long residence you must refuse. This is because the applicant has not completed the required period of leave in the UK.
You must fully consider the case and mention any other reasons for refusal in addition to the applicant not spending enough time in the UK to complete the qualifying period. For example, all breaks in continuous residence.
Applicants who are refused under the long residence rules due to them submitting their application too early can re-apply once they have completed their qualifying leave or up to 28 days before this.
I can't see any leeway for the CW to accept an application applied before 28 days.
Full guidance at
https://www.gov.uk/government/uploads/s ... -v15_0.pdf
Re: Waiting for the result on Extention
Posted: Sun Dec 17, 2017 3:46 pm
by Momi
marcnath wrote: ↑Sun Dec 17, 2017 2:01 pm
You mean ILR (LR) application. That is still 28 days before you qualify.
The Long Residence guidance for CWs states this:
Applications being considered more than 28 days before the required qualifying period is completed
If you are considering an application more than 28 days before the applicant completes the required qualifying period for long residence you must refuse. This is because the applicant has not completed the required period of leave in the UK.
You must fully consider the case and mention any other reasons for refusal in addition to the applicant not spending enough time in the UK to complete the qualifying period. For example, all breaks in continuous residence.
Applicants who are refused under the long residence rules due to them submitting their application too early can re-apply once they have completed their qualifying leave or up to 28 days before this.
I can't see any leeway for the CW to accept an application applied before 28 days.
Full guidance at
https://www.gov.uk/government/uploads/s ... -v15_0.pdf
But I know few cases where applicant got ILR after completing more than 9 years.
My house mate applied ILR after 9 years 5 months and he got ILR approved before completing 10 years. one friend of mine applied ILR after 9 years 7 months and he got approval in 5 months.
A neighbour of my friend applied ILR after 9 years 15 days and got approval after 5 and half monthS.
There are many more cases but it all depends how much you are working for society because all of them were active charity volunteers and home office accepted their contribution in society.
One more thing is if you have all family here and settled then they consider these circumstances as well but not all the times.
Re: Waiting for the result on Extention
Posted: Sun Dec 17, 2017 10:01 pm
by Aabdulwaheed
It is not possible to get ILR before 28 days to complete 10 years residency. It has nothing to do how much you contribute to the society or work voluntary. 10 years ILR immigration rules guidance is very clear and straight forward. i dont know how ur friends applied before 10 years? first time hear this.
Re: Waiting for the result on Extention
Posted: Sun Dec 17, 2017 10:29 pm
by Momi
Aabdulwaheed wrote: ↑Sun Dec 17, 2017 10:01 pm
It is not possible to get ILR before 28 days to complete 10 years residency. It has nothing to do how much you contribute to the society or work voluntary. 10 years ILR immigration rules guidance is very clear and straight forward. i dont know how ur friends applied before 10 years? first time hear this.
Many people got ILR before 10 years.
But its pointless to argue here.