ILR Advice

Hi All

I have a couple if questions regarding ILR if anyone could answer .. i would be grateful

I am on Tier 1 General --

Initial Grant - 20 April 2010 for 3 Years
First Entry - 16 July ----> After 86 Days

Tier 1 G Renewed on 16 April 2013 for 2 years
Current leave expires on 15 April 2015

My doubts are --

* Since I entered within 90 days of initial grant, my ILR elegibility date will be 28 days from 20 April 2015 >
* Are we allowed to have 180 days (in total) out of uk in whole 5 years or is it 180 days every year ?
* My wife joined me as dependent on 25 Nov 2011, her dependent visa was granted on 15 nov 2012, can she apply ILR with me or will she need FLR ?
* Do we need to prove any points while we ask ILR like Tier 1 G, I am asking this as i think, ILR is not a PBS and hence only requirement is to be in UK Legally for 5 years
* What tests do we need to give for ILR ? Afaik, I need to give life in uk test and my wife needs to give life in uk and english test.

I know most ofthese queries will sounds obvious but its always assuring to have a responce.....

Thanks in Advance...

Regards
M.

You should get all your answers in this thread:

http://www.immigrationboards.com/indefi ... 43574.html

PBS and PBS dependents information link below :

http://www.immigrationboards.com/immigr ... 14832.html

No more than 180 days in any 12 month cycle.

Both you and your wife will need LIUK and will need to meet the English Level B1 language requirement.

muditmalhotra wrote:Hi All

I have a couple if questions regarding ILR if anyone could answer .. i would be grateful

I am on Tier 1 General --

Initial Grant - 20 April 2010 for 3 Years
First Entry - 16 July ----> After 86 Days

Tier 1 G Renewed on 16 April 2013 for 2 years
Current leave expires on 15 April 2015

My doubts are --

* Since I entered within 90 days of initial grant, my ILR elegibility date will be 28 days from 20 April 2015 >
* Are we allowed to have 180 days (in total) out of uk in whole 5 years or is it 180 days every year ?
* My wife joined me as dependent on 25 Nov 2011, her dependent visa was granted on 15 nov 2012, can she apply ILR with me or will she need FLR ?
* Do we need to prove any points while we ask ILR like Tier 1 G, I am asking this as i think, ILR is not a PBS and hence only requirement is to be in UK Legally for 5 years
* What tests do we need to give for ILR ? Afaik, I need to give life in uk test and my wife needs to give life in uk and english test.

I know most ofthese queries will sounds obvious but its always assuring to have a responce.....

Thanks in Advance...

Regards
M.

From your post it looks like you are 5 days behind.

Initial Grant - 20 April 2010 for 3 Years
First Entry - 16 July ----> After 86 Days

Tier 1 G Renewed on 16 April 2013 for 2 years
Current leave expires on 15 April 2015

You should have LTR till 20 April 2015

You will require another extension.

Thanks,

argus7 wrote:

From your post it looks like you are 5 days behind.

Initial Grant - 20 April 2010 for 3 Years
First Entry - 16 July ----> After 86 Days

Tier 1 G Renewed on 16 April 2013 for 2 years
Current leave expires on 15 April 2015

You should have LTR till 20 April 2015

You will require another extension.

Thanks,

But if i apply 28 days before 20 april .. m i not ok ?

muditmalhotra wrote:

argus7 wrote:

From your post it looks like you are 5 days behind.

Initial Grant - 20 April 2010 for 3 Years
First Entry - 16 July ----> After 86 Days

Tier 1 G Renewed on 16 April 2013 for 2 years
Current leave expires on 15 April 2015

You should have LTR till 20 April 2015

You will require another extension.

Thanks,

But if i apply 28 days before 20 april .. m i not ok ?

Yes you can but your LTR expires 15th April and you dont meet 5 full yrs i.e from 20th April 2010 to 20Th April 2015

But is this not a fault on UKBAs part to give me a visa not starting from the expiry date ?

can i req them to change it to 20 apr ?

muditmalhotra wrote:But is this not a fault on UKBAs part to give me a visa not starting from the expiry date ?

can i req them to change it to 20 apr ?

Its too late now, Didnt you check this when you got the BRP cards last year? Best is to seek profession lawyers on this case or go for early extension.

I checked, but i thought it should be ok since it is within 28 days ....

early extension is an option but it costs money,
more than 4k for 2 of us now

i will write to ukba to see what options do i have ....

muditmalhotra wrote:I checked, but i thought it should be ok since it is within 28 days ....

early extension is an option but it costs money,
more than 4k for 2 of us now

i will write to ukba to see what options do i have ....

You can, Also Tier 1 General is becoming expensive and only for the rich, esp contractors

just sent an email to ukba

To: UKBApublicenquiries@ukba.gsi.gov.uk

lets see what they reply with.


Fingers crossed. ...

I think you will be OK and can apply 28 days before 20 april, Just write to UKBA for more confirmation and proof instead of going for any extensions.

S

sky2020 wrote:I think you will be OK and can apply 28 days before 20 april, Just write to UKBA for more confirmation and proof instead of going for any extensions.

S

This is what I thought when I saw 16 april .... the first thought was "Since i need to apply within 28 days i should be ok !"

sky2020 wrote:I think you will be OK and can apply 28 days before 20 april, Just write to UKBA for more confirmation and proof instead of going for any extensions.

S

That is fine only if LTR expires on 20th April 2015

HI Argus

Do you have any link to guidance or smwhere which clarifies this point ?

Regards
M.

muditmalhotra wrote:HI Argus

Do you have any link to guidance or smwhere which clarifies this point ?

Regards
M.

Yes see the following. Pg 19

https://www.gov.uk/government/uploads/s ... eriods.pdf

Condition is Valid Visa once you eligible, so either 28 days before EC (if under 90 days rule or landing date). Since he came under 90 days so he can apply 28 days before EC, and on the day once he eligible should have valid visa.

S

Pg 19 says about absence doesnt say about when can one apply ILR... m i missing something here ?

muditmalhotra wrote:Pg 19 says about absence doesnt say about when can one apply ILR... m i missing something here ?

Did you see the table of dates.

Year 1 to Year 5 and preceding the date of application (Nov 12 - 2007 to Nov 11 - 2012) , this is 5 full yrs

sky2020 wrote:Condition is Valid Visa once you eligible, so either 28 days before EC (if under 90 days rule or landing date). Since he came under 90 days so he can apply 28 days before EC, and on the day once he eligible should have valid visa.

S

Agreed, This holds true only if ones' visa (LTR) is valid till late date of the 5th yr. so in case of OP it should be 20th April 2015 and not 15th April 2016, clearly he is short of 5 days.

Hope this helps and clears confusion and complications. Lets wait till OP replies response from HO.

Thanks,

Dear All,

I have a query, if anyone shed some light on it please.

I am applying for ILR next month May 2014. I am main applicant (2 dependents, my wife + daughter). My wife and me married in Dec 2009 and staying in the UK ever since, together, she went to India in Sept 2012 and came back in April 2013 (Pregnancy and delivery). I have never left country more than 180 days ever since I have entered in the UK in Aug 2006.

Do you guys think there will be any problem for her in getting ILR? We have 2 proofs of staying together on same address since Dec 2009.

Will be appreciated if someone can give their opinion.

Thank you.

I just called UKVI and the lady on the phone replied

"You should be ok to apply anytime between 23 March 2015 (28 days from 20 April 2015) and 16 April 2015"

If she is to be trusted (as this was a phone conversation having no legal record i guess ) i should be ok ....

argus7 wrote:
Did you see the table of dates.

Year 1 to Year 5 and preceding the date of application (Nov 12 - 2007 to Nov 11 - 2012) , this is 5 full yrs

it says date of application, which will b before 16 apr 2015

Sorry I did not get you. How's that applicable in my case? Can you please elaborate?

Thank you.

theaviator380 wrote:Sorry I did not get you. How's that applicable in my case? Can you please elaborate?

Thank you.

your post does not relate to current thread, can you please create a new thread so that others can also look into it and give their opinion

Thanks