ILR 28 days confusion - please help

sateeshiiitb · Post by **sateeshiiitb** » Wed Nov 07, 2012 3:32 pm

Hi

I may have miscalculated the time I would be able to apply for ILR. I would be grateful to anyone who can clarify this. My VISA is valid until 3/01/2013 but I entered the UK on 14/1/2008 which is 11 days after my VISA validity started. According to my calculation, 17th December is when I can apply for ILR based on "28 days" eligibility rule. Is my understanding correct or I got it wrong as it should have been Dec 6th 2012 ie. 28 days before visa expiry date 3/1/2013?

Many Thanks
Sateesh

linkers · Post by **linkers** » Wed Nov 07, 2012 3:52 pm

You can apply for ILR 28 days before the 5th anniversary of your EC date.

InUkOnHsmp · Post by **InUkOnHsmp** » Wed Nov 07, 2012 3:57 pm

The 28 days rule is from the expiry of your Visa and not the day when you would complete 5 years from your entry. The 5 year calculation starts from the day your visa is valid and not from when you entered, provided the interval between the 2 is not more than 90 days.

So the earliest you can apply for ILR is the 7th of December, 2012.

Hope this helps.

dishadharmang · Post by **dishadharmang** » Wed Nov 07, 2012 4:40 pm

InUkOnHsmp - I think sateeshiiitb can apply on 6th december as well ? please review.

InUkOnHsmp · Post by **InUkOnHsmp** » Wed Nov 07, 2012 5:18 pm

You may be right dishadharmang, I was confused about the 28th day. So advised the safer option.

sateeshiiitb · Post by **sateeshiiitb** » Thu Nov 08, 2012 1:21 pm

Thank you very much for your time and clarifications.

Regards
Sateesh

geriatrix · Post by **geriatrix** » Wed Nov 21, 2012 1:16 pm

sateeshiiitb wrote:Hi

I am applying for ILR next month with WP + 5 year qualification. A year ago, on mutual agreement between me and my employer, I have started a part time PhD funded by a research project in a university. As the bursary pays for the fees (shamefully charged as overseas student!) and leaves the remaining for me to save, my salary in the company was reduced to make it 'fair' as I work 3 days at office and 2 days on research. The use of research output by the company is a different story.

The salary that I am being paid now (employer alone without PhD bursary) is above SOC code. Based on this both me and my employer are honoring the full time working hours - work permit agreement. So I am planning to present my ILR case as a "full time" work permit holder. I am concerned that a case worker may get startled and make a seemingly normal case difficult if I start to explain the complex PhD arrangements in a covering letter.

I would like to hear any insightful opinions on this.

Thanks
Sateesh

geriatrix · Post by **geriatrix** » Wed Nov 21, 2012 1:39 pm

The fact is that you are working only for 3 days in a week since last one year, which is in breach of your WP terms and conditions and a breach of immigration rules if this change required you apply for leave to remain under PBS due to 40% reduction in working hours and reduction in salary paid by the sponsor.

No one here can speculate how intelligent or stupid a caseworker will be to figure out this possible breach. That said, be advised that deception can have serious consequences.

selpouv78 · Post by **selpouv78** » Wed Nov 21, 2012 2:53 pm

i think if you give the last 3 month payslips, that will be enough info regarding the wages. i would not advise you to mention the PhD.
in solihull they do not ask about what has been happening before the 3months payslip they ask for..
but like sushdmehta said deception can have serious consequences
cheers

sateeshiiitb · Post by **sateeshiiitb** » Wed Nov 21, 2012 3:42 pm

Thanks sushdmehta, selpouv78

Does "deception" here mean non-disclosure of PhD (WP holders can pursue studies, bursary comes from research grants not public funds) or something else? Please clarify. My employer never paid me below what was stated on work permit and is interested in quoting that research is in company's benefit etc.,

3 days a week was an informal arrangement between my boss at work and PhD supervisor to squeeze time for research, although company demands were of priority and I usually spend most weekends to produce something in research.

wpilr_nov12 · Post by **wpilr_nov12** » Wed Nov 21, 2012 4:03 pm

Is your current (reduced) salary higher than what is on WP?

sateeshiiitb · Post by **sateeshiiitb** » Wed Nov 21, 2012 4:22 pm

Yes, wpilr_nov12. The yearly pay was as follows and it was always above the work permit stated salary.

X - work permit salary

Year 1&2 - X
Year 3 - X + £4K
Year 4 - X - £4K (this was when PhD started)
Year 5 - X + £6K (as per SOC code). I was being paid this salary for 6 months now

Apologies, if my original "reduced" salary statement meant that it went below what was on work permit.

wpilr_nov12 · Post by **wpilr_nov12** » Wed Nov 21, 2012 4:38 pm

There have been various experiences here where

1. 5 yr P60 were asked for
2. last 12 month payslip / bank statement asked for
3. last 3 month payslip / bank statement asked for

I am hoping all those documents will show you were being paid at least what was on WP letter.

sateeshiiitb · Post by **sateeshiiitb** » Wed Nov 21, 2012 5:00 pm

Thanks & yes, wpilr_nov12. The numbers are evident in all of the documents you have mentioned.

AFAIK, the requirements for my ILR application under work permit 5 year period have been met in terms of SOC, abscenes, LIUK etc.,

What I wonder is if we have to write a covering letter for the PhD. The reason I ask is I personally don't see a reason to make the caseworker think "Wait, what is this PhD story? Let's refer the rule book" and then the chances may become 50-50%.

On the other hand as sushdmehta pointed out - If I don't mention the PhD, and case worker derives it somehow, I may be at risk. (Unless I misunderstood sushdmehta's sentence). What I can do is to gently put it in sentence if the caseworker has the patience to ask face to face.

Little confused to be honest..

appsmaje · Post by **appsmaje** » Thu Jan 17, 2013 1:06 am

hi all, i'm also confused with the 28 day rule. my visa expires 28-03-2013.
subtract 28 days from the website given gives 28-02-2013.

but from the advice from above, it seems we need to add 1 day from the date calculator answer?
does that mean I can only apply on 01-03-2013 ??

thanks. need your advice because I managed to book a schedule for 28-02-2013.

stokbrig · Post by **stokbrig** » Thu Jan 17, 2013 4:59 am

InUkOnHsmp wrote:The 28 days rule is from the expiry of your Visa and not the day when you would complete 5 years from your entry. The 5 year calculation starts from the day your visa is valid and not from when you entered, provided the interval between the 2 is not more than 90 days.

So the earliest you can apply for ILR is the 7th of December, 2012.

Hope this helps.

If the interval between the 2 is more than 90 day, can u still apply the 28 day rule ?

vinny · Post by **vinny** » Thu Jan 17, 2013 8:31 am

My understanding is that you may apply for settlement 28 days before the completion of your qualifying period, provided you have leave at the time of the application. Normally, the start date of your qualifying period is the date you entered the UK in the appropriate category.

The 3 months concession for some categories means that if you entered within three months from the effective date of your entry clearance, then your qualifying period may start from the effective date of your entry clearance rather than the date of entry.

appsmaje · Post by **appsmaje** » Thu Jan 17, 2013 9:44 am

hi so if expiry is say 28-03-2013,
what is the earliest time I can apply? is it 28-02-2013 (from timeanddate.com date subtract 28 days)
or do we have to add 1 day to include the expiry date itself. so that will be 01-03-2013 ?

thanks.

vinny · Post by **vinny** » Thu Jan 17, 2013 10:13 am

What was the entry clearance start/effective date?
When did you initially enter the UK?
Or did you switch status while in the UK?
What is your category?

appsmaje · Post by **appsmaje** » Thu Jan 17, 2013 10:17 am

first entry clearance date 28/03/2008 as HSMP, then switched to TIER 1 with expriy 28/03/2013
entered UK 25/06/2008 (i deduce is less than the 90 day window).

was just thinking about if it said do not apply 1 day more, then i would have been ok to apply on 27/03/2013. following on this logic, then I guess 28/02/2013 would be the first day I am ok to apply, just want to gather confidence that my booking calculation is correct.

thanks!

vinny · Post by **vinny** » Thu Jan 17, 2013 10:25 am

appsmaje wrote:first entry clearance date 28/03/2008 as HSMP, then switched to TIER 1 with expriy 28/03/2013
entered UK 25/06/2008 (i deduce is less than the 90 day window).

was just thinking about if it said do not apply 1 day more, then i would have been ok to apply on 27/03/2013. following on this logic, then I guess 28/02/2013 would be the first day I am ok to apply, just want to gather confidence that my booking calculation is correct.

thanks!

I think that you may apply for settlement between 28 Feb 2013 and 27/03/2013.

appsmaje · Post by **appsmaje** » Thu Jan 17, 2013 10:37 am

cool thank you Vinny. this board is really helpful for all us lost souls!:)
more power to you guys!! :

stokbrig · Post by **stokbrig** » Thu Jan 17, 2013 11:41 am

vinny wrote:My understanding is that you may apply for settlement 28 days before the completion of your qualifying period, provided you have leave at the time of the application. Normally, the start date of your qualifying period is the date you entered the UK in the appropriate category.

The 3 months concession for some categories means that if you entered within three months from the effective date of your entry clearance, then your qualifying period may start from the effective date of your entry clearance rather than the date of entry.

Is there any official doc. from UKBA confirming this rule , applying 28 days before the completion of your qualifying period if you entered the UK after more than 90 days from stamped EC. Thanks

wpilr_nov12 · Post by **wpilr_nov12** » Thu Jan 17, 2013 12:00 pm

stokbrig wrote: Is there any official doc. from UKBA confirming this rule , (i)applying 28 days before the completion of your qualifying period (ii)if you entered the UK after more than 90 days from stamped EC. Thanks

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

longhorn1 · Post by **longhorn1** » Fri Jan 18, 2013 1:45 am

vinny wrote:My understanding is that you may apply for settlement 28 days before the completion of your qualifying period, provided you have leave at the time of the application. Normally, the start date of your qualifying period is the date you entered the UK in the appropriate category.

The 3 months concession for some categories means that if you entered within three months from the effective date of your entry clearance, then your qualifying period may start from the effective date of your entry clearance rather than the date of entry.

But in the SET(O) form there is no provision to fill in your EC effective date.
So how will you answer Section 6.1 and 6.2?

Longhorn1

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ILR 28 days confusion - please help

ILR 28 days confusion - please help

I think you can apply on 6th December as well ?

Thanks

info