ILR query - short by 32days

[rewil]

My first WP was issued on 01/09/2006 (expiry 31/12/2008). I entered UK first time on 16/06/2007.
The WP was subsequently renewed 10/01/2009 (expiry 31/12/2010). Tier1 (general) was issued on 15/05/2009 prior to extended WP expired. The Tier1 would expire on 15/05/2012.

If 16/06/2007 is considered, I will complete 5 years on 16/06/2012. As my current Tier1 is expiring on 15/05/2012, will I be eligible to apply for ILR as the gap is 32 days. Can I apply for ILR prior to 15/5/2012 through POE.

[Lucapooka]

You are eligible for ILR 28 days before the 5th anniversary of your qualifying period. You are three days short of the day on which you can apply. You can't apply at the PEO but I suggest that you send your application by second class post on the 15th and keep a record of the postage date. Your leave will be considered to have continued from the date of applying and will be in the post long enough to be carried over into your 28 day window of eligibility.


The date of application or variation is either:
• the date of posting for postal applications, or
• the date a public enquiry office accepts the application, if it is made in person, or
• the date it is delivered to the UK Border Agency if it is sent by courier.

http://www.ukba.homeoffice.gov.uk/sitec ... lications/

[rewil]

You are eligible for ILR 28 days before the 5th anniversary of your qualifying period. You are three days short of the day on which you can apply. You can't apply at the PEO but I suggest that you send your application by second class post on the 15th and keep a record of the postage date. Your leave will be considered to have continued from the date of applying and will be in the post long enough to be carried over into your 28 day window of eligibility.


The date of application or variation is either:
• the date of posting for postal applications, or
• the date a public enquiry office accepts the application, if it is made in person, or
• the date it is delivered to the UK Border Agency if it is sent by courier.

http://www.ukba.homeoffice.gov.uk/sitec ... lications/

Thanks for responding. I liked your suggestion of sending the application by 2nd class recorded post. I understand 2nd class post takes 3-4 days for delivery. I have two queries on this which is below:
a) How safe it would be to send important documents like passport in 2nd class post. I had sent critical docs through special delivery earlier for Tier1 application.
b) What would be the situation if the application reaches home office before the 28day like 29/30th day?

[Lucapooka]

They take a few days to open the package and log it so early arrival should not matter. What is important is that you are within 28 days when they review the application and that your leave under 3c has continued from the day it was posted.

You might even be safe sending it by first class post but my suggestion seems to lessen the risk to some extent.

[rewil]

Following response received from Border Agency on my query on 28days, please let me know your thoughts:

Dear Sir/Madam,

Thank you for your enquiry.

Please be advised you should not send your application more than 28 days before the expiry of your visa.

To calculate the 28 days we can consider the date of posting of your application.

We are unable to advise you the outcome of your application if you submit 31 days before the expiry of your visa.


A decision will be made by the caseworker who considers your application, based on the requirements of the Immigration Rules and the documentary evidence which you have submitted. We are unable to comment about the outcome of any application in advance.

Yours faithfully,

Umar Saif
Immigration Group
UK Border Agency

If you intend to reply to this e-mail please ensure that you re-send all the information from your original enquiry.


--------------------------------------------------------------------------------
From: rewil
Sent: 20 September 2011 13:18
To: IND Public Enquiries
Subject: FAQ



Hi,

I have query in regards to settlement (ILR) application on the below from Home Office website

http://ukba.homeoffice.gov.uk/visas-imm ... ettlement/
“Please do not send us your application more than 28 days before you become eligible to apply. If you do, we may refuse your application with no refund of the application fee (if a fee is charged for your application type). However, you must make your application before your current permission to stay in the UK expires.â€

[rewil]

To calculate the 28 days we can consider the date of posting of your application.

The response from ukba has got me in tangle as I thought as the application sent by post would be in transit and help me to get tide over the 3 days shortage.

Please advice do I need to have Tier1 extension for 3days.

Also let me know if any further query could be raised with ukba as it was mentioned that application not to be sent more than 28 days before the expiry of visa. My visa is expiring 31 days before the 5 year.

[kavya29]

Hello rewil,
I am facing the same situation as you. I m 32 days short of 5yr completion,
Can you please let me know what you did to get ilr.

Thanks in advance.

To calculate the 28 days we can consider the date of posting of your application.

The response from ukba has got me in tangle as I thought as the application sent by post would be in transit and help me to get tide over the 3 days shortage.

Please advice do I need to have Tier1 extension for 3days.

Also let me know if any further query could be raised with ukba as it was mentioned that application not to be sent more than 28 days before the expiry of visa. My visa is expiring 31 days before the 5 year.