ILR ELIGIBILITY - Email from UKBA

I emailed my query to SettlementOpsPolicy@homeoffice.gsi.gov.uk and they sent me that I have to complete five years before settlement application -

PLEASE READ FROM BOTTOM TO TOP:

From: Settlement Ops Policy Mailbox <SettlementOpsPolicy@homeoffice.gsi.gov.uk>
Subject: RE: FAQ
Date: Monday, 30 April, 2012, 14:54

Further to my earlier response, if you have not completed 5 years continuous residence by 8th May 2012, but make an ILR application via the PEO, your application will fall for refusal. You have stated that you received your HSMP visa from 5 June 2007, therefore you will not complete the 5 year continuous period until 4 June 2012.

However, if you submit a postal application 28 days prior to 13 May 2012, you will have completed a 5 year period by the time your application is decided.

I hope this answers your question.

Regards
Ann
UK Border Agency – Settlement Ops Policy team
****************************
Hi Ann,

I apologise but there is still some confusion.

My HSMP started on 5th June 2007 so I complete 5 years on 5th June 2012.

As per the policy, I can apply for ILR before 28 days of the qualifying five years period, which is on or after 7th May 2012. Is my understanding correct?

************************

From: Settlement Ops Policy Mailbox <SettlementOpsPolicy@homeoffice.gsi.gov.uk>
Subject: RE: FAQ

Further to my earlier response, if you have not completed 5 years continuous residence by 8th May 2012, but make an ILR application via the PEO, your application will fall for refusal. You have stated that you received your HSMP visa from 5 June 2007, therefore you will not complete the 5 year continuous period until 4 June 2012.

However, if you submit a postal application 28 days prior to 13 May 2012, you will have completed a 5 year period by the time your application is decided.

I hope this answers your question.

Regards
Ann
UK Border Agency – Settlement Ops Policy team
*****************************************
To: Settlement Ops Policy Mailbox
Subject: RE: FAQ

Thank you - Please could you confirm whether I become eligible for ILR on 8th of May 2012?

Got HSMP in the UK from 5th June 2007 valid until 5th June 2009
I went to Croydon, PEO for the same day extension under tier-1 [general] on 14th May 2009 [within 28 days of my HSMP expiry date]
My tier-1 [general] was approved from 14th May 2009 valid till 13th May 2012.

I appreciate your response. thanks again.

************************************

From: Settlement Ops Policy Mailbox <SettlementOpsPolicy@homeoffice.gsi.gov.uk>
Subject: RE: FAQ

The period of leave is granted from date of decision. The caseworker processing an application for an extension of leave cannot assume that the applicant will go on to apply for settlement in the UK, therefore this is not a consideration for them, and no error was made on the part of UKBA in this regard.

If you intent to make an application for settlement at a PEO before you have completed the 5 year continuous period, you will not have met this requirement, and your application would be refused, regardless of the margin of the deficit.

Postal applications must be submitted no earlier than 28 days prior to the expiry of leave. Once the application is made, the applicant is covered by Section 3C leave, to ensure that at no point are they in the UK without lawful leave, as the decision process can take up to 6 months. The 28 day policy does not take into account the 5 year period, as when assessing whether the applicant has met this requirement, the caseworker counts backward from the date of decision (because the time spent on 3C leave must be counted towards the 5 year continuous period, due to the applicant not having their passport while the decision process is in progress).

I trust this is helpful.

Regards
Ann
UK Border Agency – Settlement Ops Policy team
********************************************
To: Settlement Ops Policy Mailbox
Subject: FAQ

Require urgent information BY 7th MAY 2012 about ILR and Tier-1(General) error

Dear UKBA,

· I got HSMP in the UK from 5th June 2007 valid until 5th June 2009
· I went to Croydon, PEO for the same day extension under tier-1
(G) on 14th May 2009
· My tier-1 [general] was approved from 14th May 2009 valid till
13th May 2012.

I have heard from the solicitors that UKBA should have given me the tier-1 visa from 5th June 2009 till 5th June 2012 and NOT from 14th May 2009 till 13th May 2012. They say that I become eligible on/after 7th May 2012 but have 23 days short of the FIVE years qualifying period. They stated the visa issuance has an error.

COULD YOU PLEASE SUGGEST ??? WHY THEY ARE ALL SAYING APPLY AFTER FIVE YEARS OF RESIDENCE?

I think they just giving you wrong information. If the next person sends the same email , you would get different response. Let's see what all the senior members have to say about it.

guessmewhoswho wrote:COULD YOU PLEASE SUGGEST ??? WHY THEY ARE ALL SAYING APPLY AFTER FIVE YEARS OF RESIDENCE?

Read when you can make your application in premium service in this link at UKBA. Please e mail this link to the lady who is giving you misleading information.
http://www.ukba.homeoffice.gov.uk/about ... youarrive/

dms_sbs wrote:

guessmewhoswho wrote:COULD YOU PLEASE SUGGEST ??? WHY THEY ARE ALL SAYING APPLY AFTER FIVE YEARS OF RESIDENCE?

Read when you can make your application in premium service in this link at UKBA. Please e mail this link to the lady who is giving you misleading information.
http://www.ukba.homeoffice.gov.uk/about ... youarrive/

I dont know whats going on ?

on the link its clearly saying

"When can you make your application?
We will consider any valid application to extend your visa, regardless of when you make it.

If you are applying for settlement (also known as 'indefinite leave to remain'), you will normally need to have lived in the UK for a specified length of time before you apply. This is called the 'qualifying period'. For more information, see the section of this website for your current immigration category. Do not apply for settlement more than 28 days before the end of your qualifying period. If your current permission to remain in the UK will expire before you qualify for settlement, you cannot yet apply - instead, you will need to apply for permission to extend your stay."

it mean you can apply

but i believe every one in the forum is going with 28 days of 5 years period.

Hi

First of all thanks a lot for sharing this invalueable topic on the forum. UKBA issues me the WP for 6 years but I'll be completing my 5 years time period on the 10th September 2012 as I got my WP on 10th Sep 2007.

This is really confusing the hell out me. I was thinking to apply after 14th Aug 2012 considering the 28 days before the completion of 5 years period. I dont know what do I've to do now. This thread is really good but at the same time extremely confusing as well.

Mods, Senior members please help after which date shall I finally apply for my ILR.

Many thanks and waiting for your reply.

Smam wrote:Hi

First of all thanks a lot for sharing this invalueable topic on the forum. UKBA issues me the WP for 6 years but I'll be completing my 5 years time period on the 10th September 2012 as I got my WP on 10th Sep 2007.

This is really confusing the hell out me. I was thinking to apply after 14th Aug 2012 considering the 28 days before the completion of 5 years period. I dont know what do I've to do now. This thread is really good but at the same time extremely confusing as well.

Mods, Senior members please help after which date shall I finally apply for my ILR.

Many thanks and waiting for your reply.

Hi SMAM,

i have a simple and easy answer for you. book appointment and take all you documents in solihull so they will check first if any issue they will refuse you you wont loose a penny. every where its 5 years on WP and you get ILR at the end so thats the best idea i can give u

guessmewhoswho wrote:I emailed my query to SettlementOpsPolicy@homeoffice.gsi.gov.uk and they sent me that I have to complete five years before settlement application -

PLEASE READ FROM BOTTOM TO TOP:

Ann's response states that people cannot make ILR applications at a PEO prior to the completion of their qualifying period. However, in working categories, most people are granted leave that totals exactly their qualifying periods, or less. Note that in the case of entry clearances for family members of settled/British citizens, this was considered unreasonable and subsequently corrected.

Hi guessmewhoswho,
Although I do not have much knowledge about the work permit route but I will suggest you post your application for ILR now instead of PEO . As the UKBA email states if you make PEO application you will not meet the 5 years requirement i.e refusal is some how certainly to be the decision. But if you post your application during the process of taking you fee, sending you acknowledgment letter, biometric letter and making decision that may run to end of June or July . So if the have your application with them in this way till you current leave to remain runs out you are cover by 3C rules with automatically give you leave to remain until they make a decision on your case . So if the decision was to be made after June 5, you may be treated like person that meet the 5 years qualifying period.

Ok guys, I am at the PEO in Croydon...application passed the checking window and just enrolled biometrics...no mention of issues with 28day rule...i think application validity is checked before payment window and the guy at the desk stamped my app as valid. My 5years is due on 27th of May so I am applying 25days earlier will keep you posted...but clearly Ann doesnt know what she is talking about

Hi legalalien

Thanks a lot for keeping us updated and sharing your initial experience on the forum. I must say you're an extremely confident person that you're in your full confident state of mind and remember posting things on the forum I just wish that I'll also have these kinds of bags of confidence in my self on my day of Judgement at the UKBA.

I would like to wish you v v v Good luck for your ILR.

Please kindly keep us posted with your rest of the experience in details.

Hi legalalien, thats very kind endevour of yours that u keep the forum updated even at the PEO,really appreciate that.


Very good luck

Thanks.

Any time naeed, the experience of those before me helped me prepare well for my application. So happy to keep this community going.
My application was successful.... i don't want to high jack this thread so I have posted it separately here http://www.immigrationboards.com/viewtopic.php?t=101886

I wanted to Share my ILR and FLR (M) success at PEO Croydon yesterday on 8th May 2012.........

These emails received from Ann above were completely wrong - you can apply within 28 days before the five years period. you should have valid visa for 4 years + 11 months + 2 days to apply for ILR...

Congrats guessmewhoswho

Please advise what documents did you submitt for FLR (M) for your wife, did she have the BRP before ?

guessmewhoswho wrote:I wanted to Share my ILR and FLR (M) success at PEO Croydon yesterday on 8th May 2012.........

These emails received from Ann above were completely wrong - you can apply within 28 days before the five years period. you should have valid visa for 4 years + 11 months + 2 days to apply for ILR...

congratulations !!!!

congrats guesswhoswho on ur ILR

what was ur token number as i was there too on 8 may.

Thank you