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ILR Continoues Period Calculation

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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anumkh
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Joined: Wed Apr 22, 2015 3:20 pm

ILR Continoues Period Calculation

Post by anumkh » Wed Apr 22, 2015 3:40 pm

Dear Members,

My name is Anum and I have a question. Kindly help me out.

I have applied Tier General visa application on 04th April 2010 and application was refused. went for appeal and my appeal was successful. I got my 1st Tie 1 (G) visa on 22nd Oct 2010. I went for extension and applied within 28 days time. I got my extension on 8th October 2013. Now I have to apply ILR. My Questions are:

1) can I still apply under the rules placed before 6th April 2010? If yes than I have to claim 75 points ?

2) I would like to apply my ILR application in person. Shall I apply within 28 days , if yes from which date I have to calculate my 28 days? from 22/10/2010 or 08/10/2013?

3) because I don't have a U.K degree so on the time of 1st application I have passed a C1 level English exams and that was on the approved home office list. at the time of extension that body was not in the list but have claimed 10 points for English on the basis of previous application and got it. Now my question is in the new SET (O) application form there is no option to claim points for English on the basis of previous applications. Do I have to pass an other exam if yes than what level B1 or C1?

Kindly reply .

Anum Khawaja

anumkh
Newbie
Posts: 36
Joined: Wed Apr 22, 2015 3:20 pm

Re: ILR Continoues Period Calculation

Post by anumkh » Thu Apr 23, 2015 6:34 am

Morning All please answer my queries if possible .

haiksuresh
Member of Standing
Posts: 448
Joined: Mon May 12, 2008 6:11 pm

Re: ILR Continoues Period Calculation

Post by haiksuresh » Thu Apr 23, 2015 8:26 am

Is your application was in country ? If yes what is ur status when your applying tier 1 ?

Regards,
Suresh

anumkh
Newbie
Posts: 36
Joined: Wed Apr 22, 2015 3:20 pm

Re: ILR Continoues Period Calculation

Post by anumkh » Thu Apr 23, 2015 8:55 am

Hi suresh yes it was in country application and I was on PSW visa on that time. But my PSW was expire during the process of appeal.

abhisheks9
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Posts: 266
Joined: Fri May 11, 2012 9:16 am
Location: Aberdeen
India

Re: ILR Continoues Period Calculation

Post by abhisheks9 » Thu Apr 23, 2015 9:41 am

Anum
04apr10 should be visa start date not 22oct10
In entry clearance visa there is visa valid from date, can you check and tell what's that in your passport?
Disclaimer: This post does not contain legal advice

anumkh
Newbie
Posts: 36
Joined: Wed Apr 22, 2015 3:20 pm

Re: ILR Continoues Period Calculation

Post by anumkh » Thu Apr 23, 2015 9:46 am

abhisheks9 wrote:Anum
04apr10 should be visa start date not 22oct10
In entry clearance visa there is visa valid from date, can you check and tell what's that in your passport?
Hi abhishek9 , I have applied on 4th April 2010 but as I mentioned application was refused and I went for appeal and my appeal allowed in Oct 2010 and I got my its leave to remain on 22-10-2010.

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 5:55 pm
Location: London

Re: ILR Continoues Period Calculation

Post by cs95tdg » Thu Apr 23, 2015 7:03 pm

anumkh wrote:Dear Members,

My name is Anum and I have a question. Kindly help me out.

I have applied Tier General visa application on 04th April 2010 and application was refused. went for appeal and my appeal was successful. I got my 1st Tie 1 (G) visa on 22nd Oct 2010. I went for extension and applied within 28 days time. I got my extension on 8th October 2013. Now I have to apply ILR. My Questions are:

1) can I still apply under the rules placed before 6th April 2010? If yes than I have to claim 75 points ? If your appeal and subsequent extension application were made in-time & successful, yes to your first question. Check the guidance on the number of points you need to score based on this.

2) I would like to apply my ILR application in person. Shall I apply within 28 days , if yes from which date I have to calculate my 28 days? from 22/10/2010 or 08/10/2013? Yes you can, from 04/04/2015, as your appeal was successful.

3) because I don't have a U.K degree so on the time of 1st application I have passed a C1 level English exams and that was on the approved home office list. at the time of extension that body was not in the list but have claimed 10 points for English on the basis of previous application and got it. Now my question is in the new SET (O) application form there is no option to claim points for English on the basis of previous applications. Do I have to pass an other exam if yes than what level B1 or C1? If you don't score 10 points on the PBS calculator or are not able to get a NARIC English language assessment for the degree now, then you'll need to take a acceptable English language test. This requirement needs to be met irrespective of the fact that you met the English language requirement as part of previous immigration applications.

Kindly reply .

Anum Khawaja

anumkh
Newbie
Posts: 36
Joined: Wed Apr 22, 2015 3:20 pm

Re: ILR Continoues Period Calculation

Post by anumkh » Thu Apr 23, 2015 9:34 pm

Cs95tdg Thank you for your kind response. To regards with English test I have a question. On the time of ILR I have to pass B1 level or C1 level ?

anumkh
Newbie
Posts: 36
Joined: Wed Apr 22, 2015 3:20 pm

Re: ILR Continoues Period Calculation

Post by anumkh » Fri Apr 24, 2015 9:41 am

Hi all Thanks for your support. Please answer my query regarding English Language Level as Points Base Calculator is not available for Tier 1 (G).

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 5:55 pm
Location: London

Re: ILR Continoues Period Calculation

Post by cs95tdg » Fri Apr 24, 2015 3:05 pm


anumkh
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Posts: 36
Joined: Wed Apr 22, 2015 3:20 pm

Re: ILR Continoues Period Calculation

Post by anumkh » Fri Apr 24, 2015 6:03 pm

Dear ' cs95tdg' Thank You very much for your kind response. This link is really helpful.

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 5:55 pm
Location: London

Re: ILR Continoues Period Calculation

Post by cs95tdg » Fri Apr 24, 2015 6:14 pm

You're welcome & good luck with your application.

Even
Newly Registered
Posts: 9
Joined: Tue Apr 28, 2015 7:29 am

Re: ILR Continoues Period Calculation

Post by Even » Tue Apr 28, 2015 3:27 pm

I applied for, and was granted, a Tier 1 outside of the UK Sep 2010

I travelled periodically to the UK but did not actually fully move to the UK until May 2011 (my Visa has a stamp with that date)

My visa was subsequently renewed and will now expire in Nov 2015


So,I have the 5 years if the start date is Sep 2010, but not if it is May 2011

Can I claim the 5 years and go for the ILR??

Thanks very much in advance

cs95tdg
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Posts: 3152
Joined: Sun Apr 22, 2012 5:55 pm
Location: London

Re: ILR Continoues Period Calculation

Post by cs95tdg » Thu Apr 30, 2015 8:18 pm

Even wrote:I applied for, and was granted, a Tier 1 outside of the UK Sep 2010

I travelled periodically to the UK but did not actually fully move to the UK until May 2011 (my Visa has a stamp with that date)
Its not clear what you refer to as periodic travel, actually amounts to. I.e. in terms of length of stay, what you did during that time, number of visits over that 8 month period? Did you then enter the UK as a tier 1 migrant each time? The two related aspects to be aware of are the number of absences allowed and also the fact that you would need to show that you were economically active over the 5 year residence period in the UK.

The only concession I'm aware of is if the length of time between EC and date of first entry, is less than 90 days, then the time between EC and Date of first entry is not considered an absence.

Even
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Joined: Tue Apr 28, 2015 7:29 am

Re: ILR Continoues Period Calculation

Post by Even » Sat May 02, 2015 9:35 am

Thank you.

I was not very active in the UK for the time from the visa's issuance in Sept 2010 to May 2011. I would come for 2-3 day business trips very 2 or 3 months.

cs95tdg
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Posts: 3152
Joined: Sun Apr 22, 2012 5:55 pm
Location: London

Re: ILR Continoues Period Calculation

Post by cs95tdg » Sat May 02, 2015 9:51 am

Even wrote:Thank you.

I was not very active in the UK for the time from the visa's issuance in Sept 2010 to May 2011. I would come for 2-3 day business trips very 2 or 3 months.
I'd suggest you read the set(o) and guidance to see if you meet the criteria set there.
1) Look at the absence criteria to see if you meet that - No more than 180 days in each consecutive year over your 5 year residential period. If you do meet that then look at point 2) below.
2) Economic activity - As you say you came for business, were you a tax payer in the UK then? If you weren't do you have a clear explanation for the delay in coming to the UK on a more permanent basis - see the topic below and the advice given there to see if any of the advice given there would apply to you as well. http://www.immigrationboards.com/indefi ... 85528.html

With the limited information posted its not possible to comment further.

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