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28 days qualify?? confused?

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

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kkun
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Joined: Mon Jan 15, 2018 4:35 pm
Nepal

28 days qualify?? confused?

Post by kkun » Mon Jan 15, 2018 5:00 pm

Dear Friends,
my timeline is as follows.
First entry 21/02/2008 as student visa
2010- 2013 PSW Visa
25/02/2013 applied for Tier 1(Ent)
Refused and went to court and visa granted on 09/05/2014 until 09/05/2017

Applied for extension in time and still pending.

As I entered the UK on 21st Feb 2008. so I am eligible for 10 years long residency on 21st February 2017.
My query is what is the earliest date I can apply for ILR using Premium Service?

Can I apply within 28 days before? which is on 25/01/2018? or do I have to wait until 21/02/2018?

As some solicitors say because I am not having valid visa now ( already expired on 09 May 2017) although my application is under process I have to wait until 21/02/2018.

Please help me as I am completely confused.
kkun

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marcnath
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Location: Milton Keynes
United Kingdom

Re: 28 days qualify?? confused?

Post by marcnath » Mon Jan 15, 2018 5:12 pm

kkun wrote:
Mon Jan 15, 2018 5:00 pm


As some solicitors say because I am not having valid visa now ( already expired on 09 May 2017) although my application is under process I have to wait until 21/02/2018.
Keep as far away as possible from those solicitors.

Since you made an in time application, your leave has been extended on the same terms - i.e you have a valid visa now.

You can go ahead and vary your application on 25th Jan
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Momi
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Posts: 644
Joined: Tue Jan 08, 2013 2:08 pm
United Kingdom

Re: 28 days qualify?? confused?

Post by Momi » Mon Jan 15, 2018 5:15 pm

Why you taking advise from these stupid solicitors who don't even know anything except making money.
You entered in uk on 21st so you will be eligible on 24th January.
Prepare your documents and apply.

kkun
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Posts: 4
Joined: Mon Jan 15, 2018 4:35 pm
Nepal

Re: 28 days qualify?? confused?

Post by kkun » Tue Jan 16, 2018 9:53 am

Thank you, Friends, for your genuine suggestion. I will go for it.
kkun

kkun
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Joined: Mon Jan 15, 2018 4:35 pm
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Re: 28 days qualify?? confused?

Post by kkun » Tue Jan 16, 2018 6:20 pm

Hello friend,
my new update..just this afternoon I got a call from the Home office that my interview is due on 5th February 2018 in my office.
As I am thinking to vary my application 28 days prior that is on 25th January 2018.
Now I have two options.
First:
Attend the Interview on 5th February 2018 and vary my application on 21st February 2018( when I am eligible for 10 years long Residency)

Second:
Vary my application on 25th January 2018 ( 28 days prior) and ignore the interview ( of course I have to inform UKVI about my varying application).
Which option shall I choose?
I prefer to go for the second option but still, a bit confused whether I am eligible to vary 28 days prior as my application is pending in the home office and technically visa already expired on May 2017 last year.

Dear Friend,
is anybody granted their ILR, applying 28 days prior while their extension was pending in the Home office? I mean visa already expired technically by the time of varying application?
Please suggest me cos I don't want to make a mess while I am so close to my ILR.
Thanks in advance.
kkun

aaliya1986
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Joined: Sun Apr 07, 2013 4:57 pm
United Kingdom

Re: 28 days qualify?? confused?

Post by aaliya1986 » Tue Jan 16, 2018 6:33 pm

almost everyone applies before their 10 years is due. and the 28 days 'before' is from the home office so its that they are trying to be nice to us after giving us hard time for all these years. :D :D

kkun
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Joined: Mon Jan 15, 2018 4:35 pm
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Re: 28 days qualify?? confused?

Post by kkun » Tue Jan 16, 2018 6:41 pm

So you mean I can be safe with the second option?

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