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Can I still ILR 28 days before 10 years

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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itpba
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Can I still ILR 28 days before 10 years

Post by itpba » Sun Dec 18, 2016 7:48 pm

Hi All, Firstly I am thankful to this form members who help others by sharing their views. I have few questions please share your views... I have already extended my Tier 1 entrepreneur visa

(1) Can I keep same employees to qualify 2 jobs requirement for ILR

(2) I heard with new guidelines an employee working less than 12 months can not be combined with another employee to fulfil job requirement, basically employee has to work at least 12 month part/full time in order, is that true or i can still combine like 2,3,6 etc months to make one job ( I am pre-april 2014 route).

(3) can i apply 28 days before completion of 10 years or it it 14 days now ?

(4) My 10 years completing 22 Sep 2017 (from date of entry) & 5 years on Tier1 completing 14 Sep 2017.can I apply window service for 10 years ILR instead of applying on 5 years Tier 1 ( which completes few days before completing 10 years) but my visa is valid till 27 november.

Many Thanks in advance

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CR001
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Re: Can I still ILR 28 days before 10 years

Post by CR001 » Sun Dec 18, 2016 7:54 pm

1 & 2 - Set(LR) does not ask for this but HO can check that you have met the requirements of any visas you have held. It is required for ILR based on Tier 1 Ent on Set(O)
(3) can i apply 28 days before completion of 10 years or it it 14 days now ?
It is within 28 days, there has been no change to this so not sure why you think 14 days.
(4) My 10 years completing 22 Sep 2017 (from date of entry) & 5 years on Tier1 completing 14 Sep 2017.can I apply window service for 10 years ILR instead of applying on 5 years Tier 1 ( which completes few days before completing 10 years) but my visa is valid till 27 november.
You can apply in person for 10 years ILR.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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itpba
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Joined: Mon May 16, 2016 9:54 pm

Re: Can I still ILR 28 days before 10 years

Post by itpba » Sun Dec 18, 2016 8:20 pm

CR001 wrote:1 & 2 - Set(LR) does not ask for this but HO can check that you have met the requirements of any visas you have held. It is required for ILR based on Tier 1 Ent on Set(O)
(3) can i apply 28 days before completion of 10 years or it it 14 days now ?
It is within 28 days, there has been no change to this so not sure why you think 14 days.
(4) My 10 years completing 22 Sep 2017 (from date of entry) & 5 years on Tier1 completing 14 Sep 2017.can I apply window service for 10 years ILR instead of applying on 5 years Tier 1 ( which completes few days before completing 10 years) but my visa is valid till 27 november.
You can apply in person for 10 years ILR.
Many Thanks for your prompt reply CR001.... I have heard even on this forum mixed views that 14 days rule apply to both applying before valid visa and after expiry so i just wanted to confirm if i am still good to apply 28 days before or wait till 14 days before 10 years, also if my 5 years on tier1 are completing before 10 years LR can i choose not to apply on 5 year route ( due to same day service not available ) and rather apply for 10 yrs LR same day.. Many thanks

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CR001
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Re: Can I still ILR 28 days before 10 years

Post by CR001 » Sun Dec 18, 2016 8:24 pm

The change to 14 days is ONLY relevant to applications after visa extension refusal, applications after visa expiry or applications after AR refusal. It has nothing to do with applying within 28 days for ILR.

It is your choice which route you apply for ILR. If you have dependents though and apply based on Long Residence, your dependents will need to switch to FLR(M). This will reset their clock to zero for ILR.

If you apply based on Tier 1 Ent and 5 years residence, your dependents can apply with you if they qualify or if they don't qualify, the can continue extending their PBS dep visa till they do qualify.
Char (CR001 not Casa)
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itpba
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Re: Can I still ILR 28 days before 10 years

Post by itpba » Sun Dec 18, 2016 9:08 pm

Many Thanks CR001 for your time, the first 2 Q`s were related to the other sub forum thats why i shared there as well... Regards

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CR001
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Re: Can I still ILR 28 days before 10 years

Post by CR001 » Sun Dec 18, 2016 9:14 pm

Then post only those if they are related to Tier 1 Ent extension applications.

If q 1 & 2 related to ILR under Tier 1 Ent 5 years residence, then the questions belong in the ILR sub forum.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

itpba
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Re: Can I still ILR 28 days before 10 years

Post by itpba » Sun Dec 18, 2016 9:21 pm

CR001 wrote:Then post only those if they are related to Tier 1 Ent extension applications.

If q 1 & 2 related to ILR under Tier 1 Ent 5 years residence, then the questions belong in the ILR sub forum.

Ok Thanks, so whats your input on Q`s 1,2 if was to go for 5 years Tier 1 route,Regards

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CR001
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Re: Can I still ILR 28 days before 10 years

Post by CR001 » Sun Dec 18, 2016 9:33 pm

You will need to read up on the relevant section of the Set(O) form and guidance notes to understand what you have to prove to meet the requirements for ILR under Tier 1 Ent.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

itpba
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Re: Can I still ILR 28 days before 10 years

Post by itpba » Sun Dec 18, 2016 9:53 pm

CR001 wrote:You will need to read up on the relevant section of the Set(O) form and guidance notes to understand what you have to prove to meet the requirements for ILR under Tier 1 Ent.
Thanks Mate

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