Urgent Help Required-ILR when delay in travel for 3 mon 1 da

You are just over the 3-month entry concession, if applicable (update Q4).

Option 1. You may apply by registered post for an extension shortly before leave expires. It's possible to vary (not withdraw) this application to ILR when you are eligible, if it's still undecided.

Applications wrote:A person who varies their application does not have to pay an additional fee unless the new ground they want to be considered under has a higher fee than their original application. In this case, they must pay the difference between the original fee and the new higher fee.

This means a valid variation will look like a new application. You must check CID to see if an earlier application exists. This will tell you whether the specified form is a variation of an existing application.

Option 2. You may apply by registered post for an ILR shortly before leave expires. If you are eligible on the date of the decision, then you should be ok.

vinny wrote:You are just over the 3-month entry concession.

Option 1. You may apply by registered post for an extension shortly before leave expires. It's possible to vary (not withdraw) this application to ILR when you are eligible, if it's still undecided.

Applications wrote:A person who varies their application does not have to pay an additional fee unless the new ground they want to be considered under has a higher fee than their original application. In this case, they must pay the difference between the original fee and the new higher fee.

Option 2. You may apply by registered post for an ILR shortly before leave expires. If you are eligible on the date of the decision, then you should be ok.

Thanks vinny for the brief reply.


Against Option 2, I have supplementary questions

a. On the decision date do I qualify before 28 days of 5 year completions or I have to have complete 5 years for qualification

b. In the worst case scenario like if the date of decision is before my eligibility then application will be refused, in that case is the HO will give me chance to submit another (FLR or IRL) application depending the time of refusal.

c. What are the acceptable tactics to buy time e.g payment by cheque, missing biometric appointment etc.

Do click on given links above for more details.

a. Technically, you will qualify when you successfully complete your qualifying period. However, the UKBA states that you may send your (valid) application for ILR no sooner than 28 days prior to the completion of your qualifying period.

b. I don't know.

c. Missing the biometrics appointment may make the application invalid.

This is exactly, what I have told you. Stay calm and everything will be sorted. Just pray they don't change the process/rules at the very last minute.

vinny wrote:You are just over the 3-month entry concession.

Option 1. You may apply by registered post for an extension shortly before leave expires. It's possible to vary (not withdraw) this application to ILR when you are eligible, if it's still undecided.

Applications wrote:A person who varies their application does not have to pay an additional fee unless the new ground they want to be considered under has a higher fee than their original application. In this case, they must pay the difference between the original fee and the new higher fee.

Option 2. You may apply by registered post for an ILR shortly before leave expires. If you are eligible on the date of the decision, then you should be ok.

zahid.ali.anwar wrote:This is exactly, what I have told you. Stay calm and everything will be sorted. Just pray they don't change the process/rules at the very last minute.

vinny wrote:You are just over the 3-month entry concession.

Option 1. You may apply by registered post for an extension shortly before leave expires. It's possible to vary (not withdraw) this application to ILR when you are eligible, if it's still undecided.

Applications wrote:A person who varies their application does not have to pay an additional fee unless the new ground they want to be considered under has a higher fee than their original application. In this case, they must pay the difference between the original fee and the new higher fee.

Option 2. You may apply by registered post for an ILR shortly before leave expires. If you are eligible on the date of the decision, then you should be ok.

Thank you zahid bahi,

I believed what you said

go2khurram wrote:thanks cs95tdg

Hi go2khurram, what did you do? Did you go for PEO? Can you please share it on the forum as I have kind of similar issue.

mjunaid106 wrote:

go2khurram wrote:thanks cs95tdg

Hi go2khurram, what did you do? Did you go for PEO? Can you please share it on the forum as I have kind of similar issue.

haven't applied so far ... will apply on first week of April.... I will keep update you guys and will share my experience once process has been started.... I haven't decide so far that how and in which category i will apply ... will discuss in details first with one of my friend (sr. member of this forum) and then start the process.. Thanks

go2khurram wrote:
haven't applied so far ...

How did it go ? Did you apply????

Tier 4 wrote:

go2khurram wrote:
haven't applied so far ...

How did it go ? Did you apply????

Hi,

Yes. I made PEO attempt at Solihull, but they did not accept my application and suggest either I take extension or make postal application. So I choose the 2nd option and now praying that my application come in front of CW after 3 months.

Why they didn't accept your application? Purely because of the absences?

go2khurram wrote:

Tier 4 wrote:

go2khurram wrote:
haven't applied so far ...

How did it go ? Did you apply????

Hi,

Yes. I made PEO attempt at Solihull, but they did not accept my application and suggest either I take extension or make postal application. So I choose the 2nd option and now praying that my application come in front of CW after 3 months.

ldbright wrote:Why they didn't accept your application? Purely because of the absences?

go2khurram wrote:

Tier 4 wrote:

go2khurram wrote:
haven't applied so far ...

How did it go ? Did you apply????

Hi,

Yes. I made PEO attempt at Solihull, but they did not accept my application and suggest either I take extension or make postal application. So I choose the 2nd option and now praying that my application come in front of CW after 3 months.

Because of entry after 90 days....See the start of this discussion for understanding..Thanks

Well, I am almost on same boat, short of 40 days to make my 10 years long residence. Even if I subtract 28 days out of 40 still 12 days short.

Think I got two options;
Either to apply some so-called extension like FLR (O) and vary grounds while on 3C leave
Or
Apply by post with this hope they will not decide it within 40 days (which of course highly unlikely)

Guys,

Thanks for all your input. I am on the same situation. I entered UK after 3 month + 10 days after i got EC.

By seeing your comment, i decided to go for second extension just few days before my first extension expires, so that by that time they take my application, i am sure i will complete 5 years.

I will send request to UKBA 28 days before i complete 5 years to vary my application for ILR, since my extension isn't any more valid or not needed.

Again all the folks. Please update whoever experienced in this situation. it is usfeul for a person like me who is spending 4K to get visa for family of three to just cover 10 days visa. I found this link after six month almost.

sbaliahamed wrote:Guys,

Thanks for all your input. I am on the same situation. I entered UK after 3 month + 10 days after i got EC.

By seeing your comment, i decided to go for second extension just few days before my first extension expires, so that by that time they take my application, i am sure i will complete 5 years.

I will send request to UKBA 28 days before i complete 5 years to vary my application for ILR, since my extension isn't any more valid or not needed.

Again all the folks. Please update whoever experienced in this situation. it is usfeul for a person like me who is spending 4K to get visa for family of three to just cover 10 days visa. I found this link after six month almost.

hi sbaliahamed,

If you are planning to apply for a extension and looking forward to vary your application, you have to closely monitor how much time HO taking to decide the Tier 1 application these days.
I have a friend who applied for Tier 1 extension by post in 1st week of April and got the approval in 3 weeks (13 working days) time.
Since you are late 3 months and 10 days ( say 100 days) and if you apply even last day of your current visa expiry you can only ask to vary your application after 72 days ( 10 weeks) of your Tier 1 application if this has not been decided. Here I am assuming that total length of your previous and current visa is exactly 5 years.
I will recommend to keep on eye on this

Hi go2khurram

Yes i totally i agree with you. But i thought now a days it take more than three months.

How do i check how many days they are taking now to decide about the extension.

sbaliahamed wrote:Hi go2khurram

Yes i totally i agree with you. But i thought now a days it take more than three months.

How do i check how many days they are taking now to decide about the extension.

I recommend you to keep on eye this

Hi go2khurram,

I am convinced you can me right solution. Here is my case

I got my EC on 01/10/2008
Entered UK 10/01/2009(Delayed 3 month 9 days)
First entension expire 10/10/2013(gained 10 days while extending)

Shall i stick with orgional plan to apply extension on 09/10/2013 and wait for my luck on processing time.

Or

go for ILR on 9/10/2013, and argue that i stayed in country for 4 year 9 month.

sbaliahamed wrote:Hi go2khurram,

I am convinced you can me right solution. Here is my case

I got my EC on 01/10/2008
Entered UK 10/01/2009(Delayed 3 month 9 days)
First entension expire 10/10/2013(gained 10 days while extending)

Shall i stick with orgional plan to apply extension on 09/10/2013 and wait for my luck on processing time.

Or

go for ILR on 9/10/2013, and argue that i stayed in country for 4 year 9 month.

You have 4/5 months to decide, also things could be change in future so wait and see...In the current circumstances below two solution are available. You have to monitor how much UKBA taking time to decide ILR and FLR application in Sep / Oct and decide based on that.

vinny wrote:You are just over the 3-month entry concession.

Option 1. You may apply by registered post for an extension shortly before leave expires. It's possible to vary (not withdraw) this application to ILR when you are eligible, if it's still undecided.

Applications wrote:A person who varies their application does not have to pay an additional fee unless the new ground they want to be considered under has a higher fee than their original application. In this case, they must pay the difference between the original fee and the new higher fee.

Option 2. You may apply by registered post for an ILR shortly before leave expires. If you are eligible on the date of the decision, then you should be ok.

Hi go2khurram
How did your application process go

sbaliahamed wrote:Hi go2khurram
How did your application process go

My timelines:
Application Type : ILR - Set (O)
Application Sent: 4th April 2013
Payment Method: Cheque
Payment Date: 12th April 2013
Ack Letter Dated: 9th April 2013
Ackt Letter Received: 15th April 2013
Biometrics Letter Dated: 24th April 2013
Biometrics Letter Received : 26th April 2013
Biometrics Done : 13th May 2013

** Now Waiting for the outcome **

go2khurram wrote:I made PEO attempt at Solihull, but they did not accept my application and suggest either I take extension or make postal application. So I choose the 2nd option and now praying that my application come in front of CW after 3 months.

So in other words it does possible to apply by post to cover the shortfall of qualifying period as the CW in Solihull suggested to you. I am wondering does this applies to Set (LR) as well?

go2khurram wrote:
My timelines:
Application Type : ILR - Set (O)
Application Sent: 4th April 2013
Payment Method: Cheque
Payment Date: 12th April 2013
Ack Letter Dated: 9th April 2013
Ackt Letter Received: 15th April 2013
Biometrics Letter Dated: 24th April 2013
Biometrics Letter Received : 26th April 2013
Biometrics Done : 13th May 2013

** Now Waiting for the outcome **

So you send your application almost 3 months and 8 days in advance from your qualifying period and the date you enter UK?

Please do let us know about the outcome as it will be really helpful for others. Thanks

Hi Friends

Can anybody please guide me for my Tier 1 ILR.

Visa Stamp Date:- 17-04-2009 India

Entered in U.K. :-07-08-2009 (after approx 114 Days of getting Visa)

Applied for Extension :-05-04-2012 London

Visa Stamp Date:- 26-06-2012 (Instead of visa starting from 17-04-2012, i got 70 days extra visa.)

Visa Expiry Date :- 26-06-2014

5 Years completion :-07-08-2014

Now my question is, my visa is expiring 40 days before completion of 5 years. If i am not wrong we Can apply 28 before 5 years. So shall i have to go for extension for (40-28=12) or is there any way by which i can apply for ILR directly.

Plz reply.

For those who following this thread and interested in early application

http://www.immigrationboards.com/viewto ... 908#928908

Another successful early application


http://www.immigrationboards.com/viewto ... ht=#926846

Hi GUYS i m in same boat .Entry is more than 3 months later than stamping Visa.
But thanks to UKBA for delay in decision for extending Tier1 Visa.
But still i am falling short of 24 days before 5 years.
Shall I Choose Vinny Option 1 or 2?