ILR - Discretionary period (Legal long residence - 10 years)

[Max345]

Hi,

The .gov states the following:

''Your 10-year qualifying period starts from either:

when you arrived in the UK with a visa
when you were given permission to stay in the UK''

https://www.gov.uk/long-residence/eligibility

Does the latter mean the day I received the entry clearance visa in my home country or the commencement date of the visa stamped on my passport?

By the way, is there a discretionary period - What happens if you apply for your ILR application 3.5 months in advance of the date you reach the 10 year mark exactly?

If I am counting the 28 days period which is allowed to submit an ILR visa application then the difference will be of 2.5 months.

I don't want to waste money on an extra visa application to be honest so please let me know, if the above is an acceptable approach or does the HO really like to be very strict and cruel these days? :p

Thanks.

[secret.simon]

The .gov states the following:

''Your 10-year qualifying period starts from either:

when you arrived in the UK with a visa
when you were given permission to stay in the UK''

The latter provision is for people who are in the UK illegally and who have regularised their stay in the UK subsequently. Thus, of the two options, it is the latest that applies, not the earliest.

If you arrived in the UK on a legal visa and then have maintained a continuous legal stay, you can apply 28 days before the 10th anniversary of your arrival in the UK.

You cannot apply three months in advance. What you can do is apply for an extension of your existing visa and then, if that extension has not been decided by the time you are eligible to apply for ILR, you can vary the application to ILR(LR). However, if the extension has been decided successfully, you will have to make a new ILR application and pay the fees all over again.

[Max345]

Hi Simon,

Thank you for your reply.

Let's say if I have to apply for ILR (LR) for the remaining 2.5 months, should I simply write that I am only submitting this application to spend another 2 and half months legally in the UK so I can apply for the ILR 28 days before my 10 years' mark?

Is that an acceptable reason?

You stated:

''You cannot apply three months in advance.''

Does one get the right to appeal if an ILR application is rejected for applying a bit in advance or for any other reason?

[Max345]

''you can vary the application to ILR(LR). However, if the extension has been decided successfully, you will have to make a new ILR application and pay the fees all over again.''

By the way, is the fees for ILR (LR) exactly the same as the standard ILR application?

Please do reply to the above messages when it is convenient for you.

Many thanks in anticipation. Cheers.

[zimba]

You should not apply for SET(LR) before being eligible because there is always the risk of being refused. Case workers must refuse such applications.
Sometimes the application could take longer and then ILR is subsequently granted as you become eligible while waiting.

[Max345]

Thank you for your reply.

I spoke to a lawyer and he said there is a 3 months discretionary period when it comes to ILR applications.

Not true?

I do not want to waste money on an additional visa application, that's why I am looking into this further :p

I also think it is a bit harsh to make foreigners apply for an additional visa to cover such a short duration. Foreigners are humans and they have to work hard for their money like any other human being.

[Obie]

Thank you for your reply.

I spoke to a lawyer and he said there is a 3 months discretionary period when it comes to ILR applications.

Not true?

I do not want to waste money on an additional visa application, that's why I am looking into this further :p

I also think it is a bit harsh to make foreigners apply for an additional visa to cover such a short duration. Foreigners are humans and they have to work hard for their money like any other human being.

In all honesty i don't believe that lawyer know what he is saying. Either he is trying to tell you what you want to hear, or he does not know what he is doing.

There is nothing like a 3 months discretion.

[vinny]

I'm guessing that he was thinking about an old concession. Unfortunately, this is not, and has never been, applicable to Long residence applications anyway.

[Obie]

My understanding of the Old concession is, i stand to be corrected, that if a person applying under the point based system enters the UK within 3 months of her visa being issued then his or her qualifying period will count from the initial issuance of the visa. If however they enter after that, then time will count from when they enter the UK.

Is that what this lawyer was telling the OP? it appears he was saying he can apply 3 months before, as opposed to the 28 days before qualification, which applied to even PBS migrant.

[Max345]

Thank you for your replies.

You stated:

''You should not apply for SET(LR) before being eligible because there is always the risk of being refused. Case workers must refuse such applications.''

If even the SET (LR) application is not acceptable then what's the most viable way to address this brief gap of 3.5 months or with the 28 days discretion, 2.5 months in your perspective?

[Obie]

Better to make an application in a viable category and vary it to ILR once the relevant period has been reached. That way your rights are protected.