Date of Application of ILR

[javy0071]

Hello Guys,

I have a query on the date of my application of ILR. As per the policy, we can apply 28 days before the completion of the 5 years of the continuous period. Is this date of application calculated till the date of your online application where you book the fees or is it till the date have your appointment to submit your documents at premium service?

I was just checking the appointments of premium service and could hardly find for next 45 days. Can I not book my appointment before my qualifying period completes? Will my date of the application be the date I pay the fees and book the appointment or the actual appointment date when I go to submit the documents?

Thanks in advance.

[pappoo]

There are other better qualified to answer this but my understanding is that it is the date you book.

I had the same issue and I didnt book the appointment earlier. I now understand that the best solution is to book an appointment and pay the fees. Once u have booked, u can change the date or office.
I booked on 5th june an appointment in Liverpool for 19th July and within two days managed to bring the date in June and in Croydon....

I am not an expert, pls check other comments.

[bluebird12]

If you fill paper application form and take to your PSC appointment, then PSC appointment date is the date of application.

If you fill the Full application form online( not only book PSC appointment online ) and submit online application and go for PSC appointment then Online application submitted date is the date of application which must be within 28 days of completing 5 years residency on Spouse LTR.

[michali]

Thanks! That seems to be how it works! So we will be looking for PSC appointments only 28 days before our chosen date if applying online. That will a challenge when one can hardly find one 45 days before!

[farismoh2005]

If you fill paper application form and take to your PSC appointment, then PSC appointment date is the date of application.

If you fill the Full application form online( not only book PSC appointment online ) and submit online application and go for PSC appointment then Online application submitted date is the date of application which must be within 28 days of completing 5 years residency on Spouse LTR.

Hi, I have submitted the online application and booked my premium appointment, I released the application date written on the form is the date I have submitted the online form, however this before the 28 days qualifing period, but my Premium appointment is after, What should I do.

My appointment on 3 August
Application date on the online form 21/06
28 days qualifying period start on 2 August

Please help

[sparkyram]

If you fill paper application form and take to your PSC appointment, then PSC appointment date is the date of application.

If you fill the Full application form online( not only book PSC appointment online ) and submit online application and go for PSC appointment then Online application submitted date is the date of application which must be within 28 days of completing 5 years residency on Spouse LTR.

Hi, I have submitted the online application and booked my premium appointment, I released the application date written on the form is the date I have submitted the online form, however this before the 28 days qualifing period, but my Premium appointment is after, What should I do.

My appointment on 3 August
Application date on the online form 21/06
28 days qualifying period start on 2 August

Please help

The date you appear in person will be considered as application date..

See the below guidance:

https://assets.publishing.service.gov.u ... n-v1.0.pdf

"When applying online, an applicant can choose to make an appointment at a
premium service centre to submit their proof of identity, passport photos and
supporting evidence in person. An applicant may also be requested by the Home
Office to attend an appointment. Any appointment must be usually made and
attended within 45 business days of submission of the application online.
The date of application for an in person application is the date it is submitted in
person."

This is what the guidance says:

I request some senior members to validate my comment

[farismoh2005]

If you fill paper application form and take to your PSC appointment, then PSC appointment date is the date of application.

If you fill the Full application form online( not only book PSC appointment online ) and submit online application and go for PSC appointment then Online application submitted date is the date of application which must be within 28 days of completing 5 years residency on Spouse LTR.

Hi, I have submitted the online application and booked my premium appointment, I released the application date written on the form is the date I have submitted the online form, however this before the 28 days qualifing period, but my Premium appointment is after, What should I do.

My appointment on 3 August
Application date on the online form 21/06
28 days qualifying period start on 2 August

Please help

The date you appear in person will be considered as application date..

See the below guidance:

https://assets.publishing.service.gov.u ... n-v1.0.pdf

"When applying online, an applicant can choose to make an appointment at a
premium service centre to submit their proof of identity, passport photos and
supporting evidence in person. An applicant may also be requested by the Home
Office to attend an appointment. Any appointment must be usually made and
attended within 45 business days of submission of the application online.
The date of application for an in person application is the date it is submitted in
person."

This is what the guidance says:

I request some senior members to validate my comment

I really appreciate your help, that what I hoping for.... Can any senior Member confirm this

[zimba]

The date of an application when booked via Premium service is the day you personally attend the designated PSC

[michali]

Is it though? I am really not sure.

'The date of application for online applications is the date it is submitted via the online process.
This date of application applies even where the applicant subsequently chooses to, or is asked to, attend an in person appointment.'

[CR001]

Is it though? I am really not sure.

'The date of application for online applications is the date it is submitted via the online process.
This date of application applies even where the applicant subsequently chooses to, or is asked to, attend an in person appointment.'

Kindly provide the link for clarity.

[michali]

It is on page 18 of the link provided by sparkyram. However, I am not sure it provides clarity!

Can also be found at 34G here
https://www.gov.uk/guidance/immigration ... -in-the-uk

[sparkyram]

Is it though? I am really not sure.

'The date of application for online applications is the date it is submitted via the online process.
This date of application applies even where the applicant subsequently chooses to, or is asked to, attend an in person appointment.'

Kindly provide the link for clarity.

Hello CR001,

Looks like there are two version of answer for the "Date of application"

1. In the link I have already provided below "Date of application" for online submitted application with in person premium service centre is defined as:

"When applying online, an applicant can choose to make an appointment at a
premium service centre to submit their proof of identity, passport photos and
Page 19 of 26 Published for Home Office staff on 6 April 2017
supporting evidence in person. An applicant may also be requested by the Home
Office to attend an appointment. Any appointment must be usually made and
attended within 45 business days of submission of the application online.
The date of application for an in person application is the date it is submitted in
person"


https://assets.publishing.service.gov.u ... n-v1.0.pdf


2. In a different link provided by michali (mentioned below), please refer the 34G and it has a different answer:

https://www.gov.uk/guidance/immigration ... -in-the-uk
"
(iv) where the application is made via the online application process, the date on which the online application is submitted whether or not a subsequent appointment is made at a Home Office premium service centre."

[CR001]

The immigration rules (34G) trumps the guidance notes.

However page 19 of the guide also clearly states online app submission is date of application.

[michali]

It really causes problems if using the online application form. To get a PSC appointment, one has to start looking as soon as appointments become available, ie 45 days before one's chosen date. However, if the online application form is submitted at that time, which it would have to be to secure the PSC appointment, then the application would be too early, ie longer than the 28 days allowed before being eligible. So really, if applying online, one has to only look to book a PSC appointment 28 days before the eligible date, which is tricky as most slots would have gone! Also, the 28 days allowed for financial documents would be counted backwards from the online date of application and not from the date of the PSC appointment! I do hope they keep available to paper versions for both FLR(M) and ILR! If I am on totally the wrong track here, please let me know!

[sparkyram]

Yes its really confusing and they have to make the rules sync in all places:

@michali.. Since the digital form is in a beta version and they will keep manual form for some more months i beleive

[michali]

Hopefully, years! The online FLR(M) form came in when we were applying in November 2016 and is still there. Personally I just need the paper SET(M) form to stay until May 2019!

[farismoh2005]

So I think now I am in big real trouble, I have submitted my application on June and book my appointment on august, so if they used date of application on 21 June to calculate the qualifying period, that is before completing 5 years, if they used the appointment date that is with in the 28 days role, any suggestion what should I do?

[sparkyram]

Guys,

Just a thought:

Based on this guideline present in "calculating continuous period" pdf:

"
Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application
"
Even Though the date of the application is the date we submit the online application, the above rule says that the 28 period can be also on the date of decision.

In our case the "date of decision" is the date we appear in person at PSC centre. so logically on that date we would have qualified for our ILR.

Is it making sense ? or am totally wrong here ?

[farismoh2005]

Guys,

Just a thought:

Based on this guideline present in "calculating continuous period" pdf:

"
Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application
"
Even Though the date of the application is the date we submit the online application, the above rule says that the 28 period can be also on the date of decision.

In our case the "date of decision" is the date we appear in person at PSC centre. so logically on that date we would have qualified for our ILR.

Is it making sense ? or am totally wrong here ?

good point... so is the 28 days before the continuous period can be based on date of decision?

also the guideline say " The continuous period requirement is the minimum amount of time which a migrant must spend in employment or being active in the UK economy before being eligible
to qualify for ILR."
https://assets.publishing.service.gov.u ... 6.0EXT.PDF

any senior Member can help us to understand this...

[michali]

Goodness knows! I find this amusing 'whichever of the following is most beneficial to the applicant:' as if we really have a choice! I doubt that! But it would make it easier as submitting an application 28 days before the qualifying period AND trying to get a PSC appointment within days must be a real challenge. But does the online application actually go anywhere? You still have to print it out and take it to the appointment or post it. I wonder why the date is so important?

Farismoh2005, are you using your date of application or the date of your PSC appointment for your bank statements and any other documents that have to be within the 28 day period?

[farismoh2005]

Goodness knows! I find this amusing 'whichever of the following is most beneficial to the applicant:' as if we really have a choice! I doubt that! But it would make it easier as submitting an application 28 days before the qualifying period AND trying to get a PSC appointment within days must be a real challenge. But does the online application actually go anywhere? You still have to print it out and take it to the appointment or post it. I wonder why the date is so important?

Farismoh2005, are you using your date of application or the date of your PSC appointment for your bank statements and any other documents that have to be within the 28 day period?

Hi Michali, I am using the date of PSC appointment to all my documents.

I assumed the date of appointment is the date relevant to 28 days before completing the qualifying period.

[zimba]

The date of the appointment is the date of the application. So it can only be max 28 days from completing your qualifying period

[sparkyram]

The date of the appointment is the date of the application. So it can only be max 28 days from completing your qualifying period

SO guys, Are we concluding that "Date of application" is the "day of our appointment". Even though there are contradictory version of immigration rules present based on the links i given in earlier posts ?

or is it safer to use Manual SET O Form and book appointment separately ?

[zimba]

If you want to apply at the PSC, the date of application is the date you attend the appointment
If you want to apply online and then post your documents, the date of application is the date of the online submission
If you want to apply via post only, the date of application is the date of the posting your application

[ckkk123]

If you want to apply at the PSC, the date of application is the date you attend the appointment
If you want to apply online and then post your documents, the date of application is the date of the online submission
If you want to apply via post only, the date of application is the date of the posting your application

Thank you Zimba! I think you answer above is already quite clear but i just want to clarify further on this new ilr application route where applicant can submit the application form online and book a PSC appointment later to submit all docs in paper. I wonder which date must follow the 28 day rule in this case?
I find this is so confusing. Does this new route fall under your option 1 above? do you know any successful application case under this new route (where online form submission date is outside 28day but PSC date is within 28day prior to the end of qualifying period)?

Many thanks in advance!!
K