Avoiding the New English Language Rule

[samiir79]

Hi,
I am on Tier1 visa with below details,

Visa Stamp date: 31-Oct-2008
Entry into UK : 14-Jan-2009 (75 days gap)
Renewed Tier1 in Dec 2011
New Tier 1 Expiry date:15-Dec-2013

Now my Query is,
Can I appy for ILR 28 days before the Visa stamp date, ie 03-Oct-2013.

My intention is to apply before 28th Oct 2013 so my Spouse can avoid the New requirement for English B1 Exams.

She does not have a degree but a diploma in Electronics and She is not confident of clearing the exams soon within next 4 weeks.

So can I appy on 03-Oct-2013 or I have to apply 28 days before the visa expiry date which is 15-Dec-2013

Thanx in advance.

[wpilr_nov12]

you can apply during the last 28 days of you reaching the 5 yr milestone, in your case from visa stamp date. you cannot apply before that 28 days. Ideally you should have a valid visa at the time you apply for less complication

[akhan25]

As far as I know if u come to uk within 3 months of visa u can count ur period from visa issue date. But I think u cant apply with 28 days of issue date as thats only when ur visa isexpiring so u can aapply 28 days before. They did give u 3 months extra on 1st visa so u can prepare uraelf for arrival in uk. I would advise to apply after u have 5 years from ur 1st issue date.

[samiir79]

Hi, Thank you both for your replies, much appreciated,

I am sorry but both the replies have different meaning as I understand it

I understand from wpilr_nov12's reply, my eligibility to apply starts from 3rd Oct 2013, since on 31-Oct-2013 I complete 5 years

However from akhan25's reply it seems I have to apply 28 days from the date of expiry of present visa which is 15-Dec-2013. and the 28 days comes to 17-Nov-2013.

[akhan25]

I maybe wrong but I have ready on ukba that qualifying prriod start from the day u enter. If say for example some one on spouse visa get 27 months but arrive in uk 80 days after visa issue so as its within 3 months but still he she has to wait until 2 years passed amd can apply within 28 days of 2 years. So if u disregard that 80 days lateness coz it was within 3 months then this person can apply with in 22nd month being in uk which is not right. But as I said I may be wrong.

[Amber]

From 28 days before 31-Oct-2013.

[vinny]

Dear Members,
I came across a link which has a PDF SET(O) filled form,
I have been searching with all possible words combination but cant find it,

Pls can I request the Admin's to provide that link if possible.

Thanx in advance.

[vinny]

SET(O).

[samiir79]

Hi,
Please can the experts /Guru's advise based on below dates what shall I answer to section 6.1

Visa Stamp date: 31-Oct-2008
Entry into UK : 14-Jan-2009 (75 days gap)

If I use 21-Oct-2008, then I did not enter the UK on this date,
If I use 14-Jan-2009, then I do not complete 4 years 11 months as required for ILR

Pls advise

[Amber]

The date in which you first entered the UK is rather clear, isn't it?

They know the rules and you can apply from 28 days before 31-oct-2013.

[samiir79]

Hi,
I would like to Thank wpilr_nov12, D4109125, akhan25 and Vinny for replying to my queries,
You are all doing a great job. . . . much appreciated.

I applied at the Liverpool PEO today 24th Oct and was granted approval letter in 2 hours.

Thanx once again all.

[Amber]

You're welcome and congratulations.