ILR eligibility

khurramalvi · Post by **khurramalvi** » Mon Apr 30, 2012 3:00 pm

Hi,

I would like to take advice on eligibility for ILR. My visa (Tier1 General) was granted on 16-Oct-2008 and I first entered in UK on 3-Dec-2008. I am eligibilite for ILR as per rule mentioned below.

I applied for extension and successfully got extended visa till 20-Nov-2013.

Under current directions you must apply for extension before your current leave expires. The only exception to this, as per UKBA guidance, is if you delayed your entry in UK by (at most) 3 months from date of issue of entry clearance and fall short of completing the residential qualifying period due to delayed entry in the UK. In such case one may apply for settlement before the current leave expires.

I got married and my wife got same visa validation i.e. 20-Nov-2013. She first entered in UK on 3-Mar-2012.

Q. My wife is eligible for ILR at the same time?
Q. Can my wife cover the 3 months period by continuously staying in UK?

Please advice. Many thanks
Khurram

Post by **Lucapooka** » Mon Apr 30, 2012 3:14 pm

Absolutely no mention of your immigration status (the type of leave). Without this, it's not possible to give you the correct information.

khurramalvi · Post by **khurramalvi** » Mon Apr 30, 2012 3:15 pm

Sorry I haven't mentioned visa status initially. I got Tier1 General.

Post by **Lucapooka** » Mon Apr 30, 2012 3:22 pm

For your wife to be eligible to apply for ILR with you, she needs to have been married for two years and resident in the UK for two years (as mutually inclusive events). If she arrived only in March this year then she has some time to wait. After you are granted ILR she must apply for leave to remain using form FLR(M). Then, later, she may apply for ILR just before the second anniversary of her arrrival in the UK.

khurramalvi · Post by **khurramalvi** » Mon Apr 30, 2012 3:24 pm

Hi Lucapooka,

Thanks. Does she have to give English language test?

Best Regards

Post by **Lucapooka** » Mon Apr 30, 2012 3:32 pm

Yes, for both the initial application and then the subsequent settlement application.

khurramalvi · Post by **khurramalvi** » Mon Apr 30, 2012 3:33 pm

Thanks very much.

guessmewhoswho · Post by **guessmewhoswho** » Tue May 01, 2012 11:38 am

Hi khurramalvi,

Can you please confirm the visa dates on your passport? Tier1 general first and then extension.....Did you go in-person or send in post? If same day, which date did you go?

khurramalvi · Post by **khurramalvi** » Tue May 01, 2012 11:46 am

Tier1 General visa first granted on 16-Oct-2008 and I first entered in UK on 3-Dec-2008. I applied for extension by post on 15-Oct-2011 and got extended visa till 20-Nov-2013.

guessmewhoswho · Post by **guessmewhoswho** » Fri May 04, 2012 4:25 pm

Why would they give you visa until 20 NOV 2013....not from 16 OCT 2010 till 16oct 2013?

khurramalvi · Post by **khurramalvi** » Sat Jul 21, 2012 12:49 pm

The date change based on when extension is granted. It doesn't have any affect when initial visa was granted.

khurramalvi · Post by **khurramalvi** » Sat Jul 21, 2012 12:53 pm

Hi senior members, based on my situation what is the earliest date I can apply for ILR.

I am on T1 General, below is my visa history:

Visa granted: 16-Oct-2008
Entered first in UK: 3-Dec-2008
Extension granted: 23-Nov-2012
Visa expiry: 23-Nov-2013

Please advice, many thanks.

uksettlement · Post by **uksettlement** » Sat Jul 21, 2012 10:29 pm

18th or 19th Sept 2013

khurramalvi · Post by **khurramalvi** » Sun Jul 22, 2012 6:29 pm

How did you calculate the date? Please can you advice.

khurramalvi · Post by **khurramalvi** » Mon Jul 23, 2012 10:17 am

Any advice from senior member is appreciated.

tier1Reading · Post by **tier1Reading** » Mon Jul 23, 2012 10:41 am

28 days before 5th anniversary of your first entry clearance.

http://www.timeanddate.com/date/dateadd ... &ad=28&aw=

khurramalvi · Post by **khurramalvi** » Mon Jul 23, 2012 10:52 am

tier1Reading wrote:28 days before 5th anniversary of your first entry clearance.

http://www.timeanddate.com/date/dateadd ... &ad=28&aw=

Based on history below, when will be my 5th anniversary? 16-Oct-2013 or 3-Dec-2013?

T1 General visa history:

Visa granted: 16-Oct-2008
Entered first in UK: 3-Dec-2008
Extension granted: 23-Nov-2012
Visa expiry: 23-Nov-2013

Many thanks

tier1Reading · Post by **tier1Reading** » Mon Jul 23, 2012 10:54 am

khurramalvi wrote: Based on history below, when will be my 5th anniversary? 16-Oct-2013 or 3-Dec-2013?

T1 General visa history:

Visa granted: 16-Oct-2008
Entered first in UK: 3-Dec-2008
Extension granted: 23-Nov-2012
Visa expiry: 23-Nov-2013

Many thanks

16-Oct-2008

khurramalvi · Post by **khurramalvi** » Mon Jul 23, 2012 10:56 am

tier1Reading wrote:
khurramalvi wrote: Based on history below, when will be my 5th anniversary? 16-Oct-2013 or 3-Dec-2013?

T1 General visa history:

Visa granted: 16-Oct-2008
Entered first in UK: 3-Dec-2008
Extension granted: 23-Nov-2012
Visa expiry: 23-Nov-2013

Many thanks
16-Oct-2008

I entered first in UK: 3-Dec-2008, does 3 month delay rule will cover that period?

tier1Reading · Post by **tier1Reading** » Mon Jul 23, 2012 11:20 am

khurramalvi · Post by **khurramalvi** » Mon Jul 23, 2012 11:29 am

Great, thanks very much.

khurramalvi · Post by **khurramalvi** » Sun Oct 07, 2012 1:09 pm

Slightly confusion on my wife visa issue date.

She got visa on 4-Jan-2012 and arrived on 3-Mar-2012.

As per UKBA:

If you delayed your entry to the UK

If you were given a visa in this category but you then delayed your travel to the UK by up to 3 months, you can apply for settlement using application form SET(M) shortly before your visa expires. Provided you meet all the other requirements, we will put your application on hold until you have completed your 2-year qualifying period in the UK.

Can we both apply for ILR at the same time?

khurramalvi · Post by **khurramalvi** » Mon Oct 08, 2012 8:47 am

Senior members please advice.

khurramalvi · Post by **khurramalvi** » Thu Nov 01, 2012 2:13 pm

Main Applicant - Tier 1 (General) History:

Visa granted: 16-Oct-2008
Entered first in UK: 3-Dec-2008
Extension granted: 23-Nov-2012
Visa expiry: 23-Nov-2013

Dependant –Visa history:

Got married: 12-Sep-2011
Visa granted: 4-Jan-2012
Entered first in UK: 3-Mar-2012
Visa expiry: 23-Nov-2013

My wife is planning to go on holidays for 2 months next year and I am planning to apply for ILR on 4-Nov-2013 at PEO.

She meet 2 years marriage requirement and there is a 3 months grace period as per UKBA website.

http://www.ukba.homeoffice.gov.uk/visas ... ettlement/
If you delayed your entry to the UK
If you were given a visa in this category but you then delayed your travel to the UK by up to 3 months, you can apply for settlement using application form SET(M) shortly before your visa expires. Provided you meet all the other requirements, we will put your application on hold until you have completed your 5 year qualifying period in the UK.

Q. Can my wife apply for ILR at the same time?
Q. Does 2 months period has any significant affect on the ILR application?

Thank you.

Post by **geriatrix** » Thu Nov 01, 2012 2:20 pm

khurramalvi wrote:Slightly confusion on my wife visa issue date.

She got visa on 4-Jan-2012 and arrived on 3-Mar-2012.

As per UKBA:

If you delayed your entry to the UK

If you were given a visa in this category but you then delayed your travel to the UK by up to 3 months, you can apply for settlement using application form SET(M) shortly before your visa expires. Provided you meet all the other requirements, we will put your application on hold until you have completed your 2-year qualifying period in the UK.
Can we both apply for ILR at the same time?

Not applicable to those not applying for settlement using SET(M).

FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting

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ILR eligibility

ILR eligibility