ILR eligibility based on long residence and also WP

[vinaya]

Hi,

I intend to apply for ILR for me and my wife in Jan2012 via WP route, but I am also eligible to apply based on long residence rule in November'11.

will have no issues via WP route, but would like to know if I am rejected for any reason, can i apply for ILR again based on long residence rule.

Thanks
Raj

[geriatrix]

What is the expiry date of current leave?

[vinaya]

current leave expires on 11th feb'12 ( thats based on 5 years of WP).

I will complete 10 years one the 15th dec'10

[geriatrix]

Assuming your settlement application on basis of WP is refused, then you will be able to apply for settlement under long residence only if you current leave has not expired on the date of the decision (refusal).

Else, you'll only get a right to appeal the WP settlement application refusal.

[vinaya]

current leave expires on 11th feb'12 ( thats based on 5 years of WP).

I will complete 10 years one the 15th dec'10

meant to say 15th dec'11 and not 10 in earlier message as above

[vinaya]

Thanks SushdMehta.

I intend to go in person to apply ILR based on WP rule. If the ILR is rejected, do i normally get a refusal letter the same day?

[geriatrix]

Yes, if it is formally refused on the day.
But if the decision is deferred (e.g. - caseworker suggests it is refused by him but decision to be reviewed by senior caseworker), then no.

[vinaya]

Thanks once again.

I intend to apply 25 days in advance, hope to receive the letter if otherwise before my leave to remain expiry.

[geriatrix]

Do note that if the decision on an in-person application is deferred there is no telling how long it will take for a formal decision to be made. When a decision is deferred, an in-person application essentially becomes a postal application and is observed to follow similar timelines.

[vinaya]

Noted.....the only reason i have opted WP route, so I can include my wife. Fingers crossed.....

[geriatrix]

Hi,

I have a couple of question regarding applying ILR thro Long residency.

My status: visa expires Feb2012,I am eligible for ILR under WP arrangements when visa expires. I am also eligible for ILR under long term residency ( 10 years ) in Nov’11.

I have no issues applying for ILR based on WP, my income etc is all fine…..but If I choose to apply for ILR thro long residency, which I will think I will do since my sister is getting married jan’12 in India and I have to be there for 3 weeks and I prefer to have my ILR stamped.

My questions are:

1) what documents do I need for ILR under 10 years long residency?
2) Should I submit similar documents as required by ILR via WP route?
3) I can see I cannot apply ILR for dependants. ( my wife has been here for 2 .5 years), when she extends her stay as dependant of ILR holder, what will be her expiry date on her leave to remain?
4) When will she be eligible for ILR

Please let me have your replies, your help is much appreciated.

Thanks for all your support!

[geriatrix]

1. The SET(O) form explains the documentary evidence(s) required when applying under long residence.
2. You may, if you wish to. This said, the caseworker will take into consideration only the documentary evidence(s) relevant to the category under which you are applying.
3. FLR(M) leave is issued for 2 years (285).
4. At the end of qualifying residential period. Under current rules, that's 2 years from date of issue of FLR(M) leave (287).

[vinaya]

I have just realised that long residence ILR applications cannot be made in person.

I am not sure of postal processing times, eligible for ILR in the last week of November…. Christmas and all that , if its does not come through on time, I wont be able to go for sisters marriage.

Thanks for the info…..will continue contemplating!

[vinaya]

Hi

Another question, myself and wife do not have joint bank account statements and our savings and residual funds, are deposited on a monthly basis to her saving bank account.

Can I use her bank account to explain to the case worker, the financial backup we have in place in case anything goes wrong,when it comes to my ILR application?