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ILR Shortfall due to Homeoffice

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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chaitumkr
Junior Member
Posts: 56
Joined: Tue May 13, 2014 8:52 pm

ILR Shortfall due to Homeoffice

Post by chaitumkr » Sun Aug 31, 2014 4:17 pm

Hi Amber/Senior Members,

Could you please help me whether i am eligible for ILR in April 2015 or not. Below is my visa dates

Initial granted visa : May 14th 2010 to May 13 th 2012

first Entry clearance in UK : June 18th 2010

Tier 1 Visa Extension Applied on : May 3rd 2012 within 28days before of my visa expiry date, Got extension valid from May3rd 2012 to May 3rd 2015,So there is short fall of 10 days if i calculate from May 3rd 2015 to May13th 2010 due to Home office.

So can i apply ILR 28 days before from my expiry date i.e on April 7th 2015 or i have to apply Tier1 Extension?

Please help me.

Regards,
mkr

Malik44
Senior Member
Posts: 673
Joined: Fri Jul 13, 2012 1:25 am

Re: ILR Shortfall due to Homeoffice

Post by Malik44 » Sun Aug 31, 2014 6:05 pm

you can apply 28 days before to 14th May 2015
so you will eligible to apply ILR from 17th April to onward
Last edited by Malik44 on Sun Aug 31, 2014 6:38 pm, edited 1 time in total.

chaitumkr
Junior Member
Posts: 56
Joined: Tue May 13, 2014 8:52 pm

Re: ILR Shortfall due to Homeoffice

Post by chaitumkr » Sun Aug 31, 2014 6:14 pm

Thanks Malik , Is it April 17th 2015 ?

Amber/Senior Memebers,

Could you please suggest ,if Malik answer is correct , Is there anyway to check this with UKBA on this .Just worrying me this because there is no chance of applying ILR also ,if UKBA dont agree with this.

Please advise.

Thanks,
Chaitumkr

Malik44
Senior Member
Posts: 673
Joined: Fri Jul 13, 2012 1:25 am

Re: ILR Shortfall due to Homeoffice

Post by Malik44 » Sun Aug 31, 2014 6:36 pm

Yes it is 17th April 2015

Malik44
Senior Member
Posts: 673
Joined: Fri Jul 13, 2012 1:25 am

Re: ILR Shortfall due to Homeoffice

Post by Malik44 » Sun Aug 31, 2014 6:49 pm

* 90 day concession (page22):
https://www.gov.uk/government/uploads/s ... eriods.pdf
The entry clearance stamp date is counted as the date of the start of the 5 year lawful residence not the Entry date in the UK itself, under the condition that the Tier 1 G migrant enter within 90 days of the EC.

28 days - Please do not send us your application more than 28 days before you become eligible to apply. If you do, we may refuse your application with no refund of the application fee (if a fee is charged for your application type). However, you must make your application before your current permission to stay in the UK expires.

So your 1st entry into UK is within 90 days concession time so your continuous period of ILR will began from stamp of your 1st visa date which is 14th May 2010 to 14th May 2015
So when apply 2nd rule which is 28 days before to completing 5 years the dates will be 28 days before to 14th May
which is 17th April

chaitumkr
Junior Member
Posts: 56
Joined: Tue May 13, 2014 8:52 pm

Re: ILR Shortfall due to Homeoffice

Post by chaitumkr » Sun Aug 31, 2014 7:06 pm

Thnaks Malik , I assume the same before seeing below thread . I am exactly similar situation .10days shortfall due to homeoffice speed processing even i applied only before and within 28 days of my visa expiry.

http://www.immigrationboards.com/indefi ... 63075.html

Amber replied below:
Apply by post before leave expires for an extension and vary to SET(O) once eligible.

Regards,
Chaitumkr

chaitumkr
Junior Member
Posts: 56
Joined: Tue May 13, 2014 8:52 pm

Re: ILR Shortfall due to Homeoffice

Post by chaitumkr » Sun Aug 31, 2014 9:03 pm

Hello Amber,Could you please check my question, Thanks in Advance.

Amber
Moderator
Posts: 17445
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
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Re: ILR Shortfall due to Homeoffice

Post by Amber » Mon Sep 01, 2014 6:24 am

You may apply from 28 days before May 14th 2015.
From Thursday, 14 May 2015
Subtracted 28 days

Result: Thursday, 16 April 2015
I misunderstood that previous post and it was corrected by a fellow moderator.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

chaitumkr
Junior Member
Posts: 56
Joined: Tue May 13, 2014 8:52 pm

Re: ILR Shortfall due to Homeoffice

Post by chaitumkr » Mon Sep 01, 2014 9:50 pm

Thanks Amber and everyone.

happy1982
Junior Member
Posts: 81
Joined: Mon Dec 23, 2013 5:21 pm

Re: ILR Shortfall due to Homeoffice

Post by happy1982 » Wed Mar 11, 2015 11:36 am

Hi,
my Tier 1 is expiring on 13th may 2015, we have booked an appointment for 15th april 2015. is it right?

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