5 year rule for ILR

[mjunaid106]

Hi,

I recently got my Tier 1 General extension through PEO. My visa situation is as below

- Initial Tier 1 - General Starts: 6 April 2010 (It was a postal UK application, and I was in UK on Tier 1 - PSW prior to Tier 1 - General)

- Tier 1 - General Extension Ends: 9 March 2015

I will be applying for ILR in 2015 but I am not sure if I qualify for the 5 year rule.

- If I make a PEO application, what date should I be eligible to do so?
- If I make a postal application, when can I post the application as I believe the date for 5 year rule is counted after I give my biometric?

This is my first post so I apologise for any error.

Thanks.

[Lucapooka]

Under the current rules, you are eligible to apply 28 days before 6 April 2015

[mjunaid106]

Under the current rules, you are eligible to apply 28 days before 6 April 2015

Thank you very much Lucapooka.

28 days before 6 April 2015 mean 9 March 2015, but my current visa expires on the same day. So I believe I won't be able to make a PEO application? In this case, can I make a postal application before 9 March 2015, say on 2 March 2015. OR do I need to make another application for extension and then apply for ILR?

[sheraz7]

Yes you can make postal application and also keep in mind that the date of posting is the date of application.

[mjunaid106]

Yes you can make postal application and also keep in mind that the date of posting is the date of application.

Thanks sheraz7.

A question, as my current leave expires on 9th March 2015, which is 28th day before my 5 years on Tier 1 - General, do I need to post the application on 9th March 2015 or could I apply before that?

Hope to get a reply.

[mjunaid106]

Anyone?

[cs95tdg]

Your application will be considered in-time if you post it on http://www.timeanddate.com/date/dateadd ... &ad=28&aw= which is the earliest date you become eligible to apply for ILR.

[mjunaid106]

Your application will be considered in-time if you post it on http://www.timeanddate.com/date/dateadd ... &ad=28&aw= which is the earliest date you become eligible to apply for ILR.

Thanks cs95tdg, just to confirm it is 9th March 2015 that I have to apply, either by post or at PEO? Is there any other way to apply for ILR without holding onto last day? I read on one of your post here: http://www.immigrationboards.com/viewto ... 438#775211

You said that the delay in postal application can help in completing the 5 year period. So If I apply say on 1st March 2015, I would get some extra time and according to your post, UKBA will consider my application after biometric so I would qualify for the 28 days before 5 year rule. Does it make sense?

Also, I read on your post about variation, would it apply in my case? It's to save money for the second extension.

I got an extension for myself, my wife and my daughter (born in the UK and was her initial application). If I have to apply for an extension, would I have to apply for all of us? The thing is that I might be short of 5 year by few days, so just thinking about alternates.

Hope to get a reply soon.

[cs95tdg]

In your case, you could technically make a valid in-time application either in-person or by post, as you have valid LTR to be able to do this (even though it is just a single day). This is unlike the other applicant who didn't have sufficient leave to cover his 5 year residence period, hence the reason for the alternatives I listed in the post below. http://www.immigrationboards.com/viewtopic.php?t=128463

Somehow, in your case, those options seem irrelevant, as you have valid LTR on the date you become eligible to apply. You just need to keep your documents ready to either apply in-person or by post. If posting your application, do keep proof of postage.

Is there any particular reason you are considering an extension, instead of applying for ILR directly? There are several years until you reach 2015, so you have sufficient time to make your mind up. Bear in mind rules and requirements may change and evolve, so just keep that in mind when planning this far ahead in time.

[mjunaid106]

In your case, you could technically make a valid in-time application either in-person or by post, as you have valid LTR to be able to do this (even though it is just a single day). This is unlike the other applicant who didn't have sufficient leave to cover his 5 year residence period, hence the reason for the alternatives I listed in the post below. http://www.immigrationboards.com/viewtopic.php?t=128463

Somehow, in your case, those options seem irrelevant, as you have valid LTR on the date you become eligible to apply. You just need to keep your documents ready to either apply in-person or by post. If posting your application, do keep proof of postage.

Is there any particular reason you are considering an extension, instead of applying for ILR directly? There are several years until you reach 2015, so you have sufficient time to make your mind up. Bear in mind rules and requirements may change and evolve, so just keep that in mind when planning this far ahead in time.

Thanks cs95tdg.

I don't want to apply for extension, just want to be safe You are right, I still have some years before I've apply so I can think over this. I am sure, I'll get help from you and other senior members before I apply.

A question, in postal application, what date is counted as the application date. Say if I apply on 8th March 2015, would that be fine , as I'll be eligible for ILR when UKBA would get the application. It's just a clarification and many thanks for your help.