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ILR Qualification Help

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

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arc132005
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Joined: Wed Jun 22, 2011 9:30 pm

ILR Qualification Help

Post by arc132005 » Mon Jul 04, 2011 10:14 pm

Hello Everyone,

Let me explain my scenario first and then I will ask my query.

Got HSMP visa stamping from 07/09/2006 to 07/09/2008.

Got visa extension under Tier1(General) from 07/09/2008 to 07/09/2011.

I came to UK (i.e. entry date) on 03/10/3006.

Now, my query is that when I can apply for ILR inperson through premium service i.e. from which date?

Also from which date I can apply throught Post?

Quick reply will be very helpful as I need to book my appointment. I know that lots of people ask the same question but I will appreciate any help on this.

Thanks in advance for reply.

mk357
Member of Standing
Posts: 318
Joined: Sat Nov 27, 2010 6:54 pm

Re: ILR Qualification Help

Post by mk357 » Mon Jul 04, 2011 10:30 pm

arc132005 wrote:Hello Everyone,

Let me explain my scenario first and then I will ask my query.

Got HSMP visa stamping from 07/09/2006 to 07/09/2008.

Got visa extension under Tier1(General) from 07/09/2008 to 07/09/2011.

I came to UK (i.e. entry date) on 03/10/3006.

Now, my query is that when I can apply for ILR inperson through premium service i.e. from which date?

Also from which date I can apply throught Post?

Quick reply will be very helpful as I need to book my appointment. I know that lots of people ask the same question but I will appreciate any help on this.

Thanks in advance for reply.
The earliest would be 03/10/2011 minus 28 days. i.e. around 9-10 Sept. 2011 and the latest would before the expiry of the current visa. If applying by post make sure that HO receive your application on or before the expiry of your current visa.

arc132005
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Posts: 6
Joined: Wed Jun 22, 2011 9:30 pm

Post by arc132005 » Tue Jul 05, 2011 7:35 am

Thanks MK357. Is it possible for you to tell exact date for applying.

Is anyone else having the same scenario?

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Post by xyz123 » Tue Jul 05, 2011 8:52 am

arc132005 wrote:Thanks MK357. Is it possible for you to tell exact date for applying.

Is anyone else having the same scenario?
use timeanddate.com website to calculate date differences. what do u mean by saying anyone else having same scenario? many people apply 28 days before qualifying. search the forum and u will find more useful information.

also see FAQs on ILR, a sticky post at the top of the first forum page.

arc132005
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Posts: 6
Joined: Wed Jun 22, 2011 9:30 pm

Post by arc132005 » Tue Jul 05, 2011 11:02 am

Thanks xyz123 for reply. Sorry to confuse you regarding same scenario. It's my mistake, not asking the question properly.

As my visa is going to expire on 7th sep' 2011 and i entered in uk on 3rd oct' 2006, so according to 28 days rule before 5 yrs complete, I can apply on 5th sep' 2011 or 6th sep' 2011. Which is the earliest date, I can apply through premium service?

And is it fine if I apply 1-2 days before my visa expire or should I apply through post as it will have less risk.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Jul 05, 2011 11:23 am

5th or 6th Sept 2011 is okay. Although with the new guidelines, your qualifying period may start from 07/09/2006.

Make sure that you submit a valid application.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

arc132005
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Joined: Wed Jun 22, 2011 9:30 pm

Post by arc132005 » Wed Jul 06, 2011 9:14 am

Sorry vinny, I didn't get you. What you mean by qualifying period from 07/09/2006. You mean to say that 28 days before 07/09/2011. I am little bit worried as I got only 2-3 days between ILR 5yrs qualify and visa expire date i.e. i can apply from 5th sep 2011 and my visa expire on 7th sep 2011. If they reject my ILR, I don't have time to do anything. Any help on this will be useful as I am going to apply myself instead of through solicitor.

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Post by xyz123 » Wed Jul 06, 2011 9:18 am

vinny wrote:5th or 6th Sept 2011 is okay. Although with the new guidelines, your qualifying period may start from 07/09/2006.

Make sure that you submit a valid application.
How does that work? I thought this discretion is applicable only when applicants dont have enought leave to remain to complete 5 years. In this particular case, OP has time to submit the application, albeit in a small window of 2 days.

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Post by xyz123 » Wed Jul 06, 2011 9:25 am

arc132005 wrote:Sorry vinny, I didn't get you. What you mean by qualifying period from 07/09/2006. You mean to say that 28 days before 07/09/2011. I am little bit worried as I got only 2-3 days between ILR 5yrs qualify and visa expire date i.e. i can apply from 5th sep 2011 and my visa expire on 7th sep 2011. If they reject my ILR, I don't have time to do anything. Any help on this will be useful as I am going to apply myself instead of through solicitor.
Two things- First of all if your case is relatively straight forward and you fill all correct forms, like most cases you will get your ILR.

Secondly, if there is a problem with your application and if you go for premium application, they usually covnert application into a postal application, as long as you meet all major requirements.

is your case straight forward? how many absences have you had from UK? have you been in continuous legal employment, do you have all documents etc. Search this forum and see other's experiences.

I am not sure what happens if your ILR gets rejected in premium appointment. i am pretty sure they wont expect you to leave UK within 24 hours before your visa expires so you will get some time. however what i am not sure is if one gets a right of appeal or right to apply for another visa without leaving UK. may be some mods can help.

If you apply by postal application make sure you use right form, inform your bank in advance re card payment and send application by royal mail next day or courier. few people have problem with card payment, so considering your visa validity, if you want to be 100% safe, you may want to get postal orders (that will cost you around £30-50).

arc132005
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Post by arc132005 » Wed Jul 06, 2011 10:09 am

There is no problem with my application other than that 2-3 days gap between qualify date and visa expire date.

I started working after 1 month when I entered UK. Till now, I am working and there is no problem in terms of salary or employment. I got all p60 forms and salary slips (except 1-2 salary slip is missing before 2 yrs old). My wife comes with me in UK and living with me till now. We didn't went out of UK not more than 30 days and overall not more than 180 days.

I want to apply through premium service as I want to go India immediately after getting ILR due to some family programme.

I was confuse between apply date i.e. from 5th sep 2011 or from 6th sep 2011, i can apply. But with the help of you guys, my confusion is over and i know that I can apply from 5th sep 2011. But from vinny reply, I got confuse that I can apply before 28 days from 7th sep 2011 or not.

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Post by xyz123 » Wed Jul 06, 2011 12:19 pm

arc132005 wrote:There is no problem with my application other than that 2-3 days gap between qualify date and visa expire date.

I started working after 1 month when I entered UK. Till now, I am working and there is no problem in terms of salary or employment. I got all p60 forms and salary slips (except 1-2 salary slip is missing before 2 yrs old). My wife comes with me in UK and living with me till now. We didn't went out of UK not more than 30 days and overall not more than 180 days.

I want to apply through premium service as I want to go India immediately after getting ILR due to some family programme.

I was confuse between apply date i.e. from 5th sep 2011 or from 6th sep 2011, i can apply. But with the help of you guys, my confusion is over and i know that I can apply from 5th sep 2011. But from vinny reply, I got confuse that I can apply before 28 days from 7th sep 2011 or not.
your case looks relativey straightforward. i also dont know whether what vinny suggested is deifnately applicable in your case or not. all i know is if you apply on 5th or 6th then you are definately ok. u will need to be keeping a close eye on premium appointment booking as your window is very small.

arc132005
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Post by arc132005 » Wed Jul 06, 2011 4:33 pm

Yes, you are right xyz123 that I got very small window for appointment. I am looking appointment site twice a day. Thanks for all your help.

If you have any list of documents, I need to submit with my application and dependant application, then pls let me know. I know, I can find by searching this forum but it will be easy to get it from one place.

Once again thanks to everyone for their help. I will keep update this forum with my visa status.

xyz123
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Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Post by xyz123 » Thu Jul 07, 2011 12:20 pm

[quote="arc132005"]
If you have any list of documents, I need to submit with my application and dependant application, then pls let me know. I know, I can find by searching this forum but it will be easy to get it from one place.

Read the form and search forum.

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