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SET(LR) 10 year PEO - technical question when to apply

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nafe12
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Posts: 156
Joined: Fri Nov 26, 2010 12:46 am

SET(LR) 10 year PEO - technical question when to apply

Post by nafe12 » Tue Apr 14, 2015 11:49 pm

The app says:
Please do not apply more than 28 days before completing the qualifying period.
1. Does this also apply to PEO applications, i.e. you can apply before the 10 years is up?

2. If so, what happens where, for example,you've been out of the country 175 days in the year leading up to the app. This means you have '5' days of absences remaining before you break continuous residence.
If you apply at a PEO, say, 20 days before completing the 10 year qualifying period - would you still be accepted? Or would you be rejected, given that 5 days of absences you have left means it was still possible for you to have broken continuous residence, by applying 20 days in advance.

In other words, should you not apply in advance of the qualifying period for more days than you have absences remaining?

nafe12
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Posts: 156
Joined: Fri Nov 26, 2010 12:46 am

Re: SET(LR) 10 year PEO - technical question when to apply

Post by nafe12 » Thu Apr 16, 2015 1:39 pm

Even if nobody knows for certain, any guesses?

cs95tdg
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Location: London

Re: SET(LR) 10 year PEO - technical question when to apply

Post by cs95tdg » Thu Apr 16, 2015 2:01 pm

1) I've not read the latest guidance for long residence ILR applications, however if they have stated that you may apply upto 28 days prior to your ILR residential qualifying period of 10 years, then this would apply to both postal and PEO applications. I.e. Consistent with 5/3 year residential qualifying period ILR applications.
2) If I've understood what you're asking then No, the period of up to 28 days mentioned above will not be considered an absence during your residential period. It's just a provision given to applicants by the HO to apply slightly early, to enable everyone to make an in-time ILR application before their current LTR expires. You should ignore this when calculating your absences.

nafe12
Member
Posts: 156
Joined: Fri Nov 26, 2010 12:46 am

Re: SET(LR) 10 year PEO - technical question when to apply

Post by nafe12 » Sat Apr 18, 2015 9:27 pm

cs95tdg wrote: 2) If I've understood what you're asking then No, the period of up to 28 days mentioned above will not be considered an absence during your residential period.
Great answer - well articulated.

Yes, my question was whether the 28 days could be considered as days of 'potential absence'

Many thanks.

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