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ILR eligibility

Posted: Mon Apr 30, 2012 3:00 pm
by khurramalvi
Hi,

I would like to take advice on eligibility for ILR. My visa (Tier1 General) was granted on 16-Oct-2008 and I first entered in UK on 3-Dec-2008. I am eligibilite for ILR as per rule mentioned below.

I applied for extension and successfully got extended visa till 20-Nov-2013.
Under current directions you must apply for extension before your current leave expires. The only exception to this, as per UKBA guidance, is if you delayed your entry in UK by (at most) 3 months from date of issue of entry clearance and fall short of completing the residential qualifying period due to delayed entry in the UK. In such case one may apply for settlement before the current leave expires.
I got married and my wife got same visa validation i.e. 20-Nov-2013. She first entered in UK on 3-Mar-2012.

Q. My wife is eligible for ILR at the same time?
Q. Can my wife cover the 3 months period by continuously staying in UK?

Please advice. Many thanks
Khurram

Posted: Mon Apr 30, 2012 3:14 pm
by Lucapooka
Absolutely no mention of your immigration status (the type of leave). Without this, it's not possible to give you the correct information.

Posted: Mon Apr 30, 2012 3:15 pm
by khurramalvi
Sorry I haven't mentioned visa status initially. I got Tier1 General.

Posted: Mon Apr 30, 2012 3:22 pm
by Lucapooka
For your wife to be eligible to apply for ILR with you, she needs to have been married for two years and resident in the UK for two years (as mutually inclusive events). If she arrived only in March this year then she has some time to wait. After you are granted ILR she must apply for leave to remain using form FLR(M). Then, later, she may apply for ILR just before the second anniversary of her arrrival in the UK.

Posted: Mon Apr 30, 2012 3:24 pm
by khurramalvi
Hi Lucapooka,

Thanks. Does she have to give English language test?

Best Regards

Posted: Mon Apr 30, 2012 3:32 pm
by Lucapooka
Yes, for both the initial application and then the subsequent settlement application.

Posted: Mon Apr 30, 2012 3:33 pm
by khurramalvi
Thanks very much.

Posted: Tue May 01, 2012 11:38 am
by guessmewhoswho
Hi khurramalvi,

Can you please confirm the visa dates on your passport? Tier1 general first and then extension.....Did you go in-person or send in post? If same day, which date did you go?

Posted: Tue May 01, 2012 11:46 am
by khurramalvi
Tier1 General visa first granted on 16-Oct-2008 and I first entered in UK on 3-Dec-2008. I applied for extension by post on 15-Oct-2011 and got extended visa till 20-Nov-2013.

Posted: Fri May 04, 2012 4:25 pm
by guessmewhoswho
Why would they give you visa until 20 NOV 2013....not from 16 OCT 2010 till 16oct 2013?

Posted: Sat Jul 21, 2012 12:49 pm
by khurramalvi
The date change based on when extension is granted. It doesn't have any affect when initial visa was granted.

Posted: Sat Jul 21, 2012 12:53 pm
by khurramalvi
Hi senior members, based on my situation what is the earliest date I can apply for ILR.

I am on T1 General, below is my visa history:

Visa granted: 16-Oct-2008
Entered first in UK: 3-Dec-2008
Extension granted: 23-Nov-2012
Visa expiry: 23-Nov-2013

Please advice, many thanks.

Posted: Sat Jul 21, 2012 10:29 pm
by uksettlement
18th or 19th Sept 2013

Posted: Sun Jul 22, 2012 6:29 pm
by khurramalvi
How did you calculate the date? Please can you advice.

Posted: Mon Jul 23, 2012 10:17 am
by khurramalvi
Any advice from senior member is appreciated.

Posted: Mon Jul 23, 2012 10:41 am
by tier1Reading
28 days before 5th anniversary of your first entry clearance.

http://www.timeanddate.com/date/dateadd ... &ad=28&aw=

Posted: Mon Jul 23, 2012 10:52 am
by khurramalvi
tier1Reading wrote:28 days before 5th anniversary of your first entry clearance.

http://www.timeanddate.com/date/dateadd ... &ad=28&aw=
Based on history below, when will be my 5th anniversary? 16-Oct-2013 or 3-Dec-2013?

T1 General visa history:

Visa granted: 16-Oct-2008
Entered first in UK: 3-Dec-2008
Extension granted: 23-Nov-2012
Visa expiry: 23-Nov-2013

Many thanks

Posted: Mon Jul 23, 2012 10:54 am
by tier1Reading
khurramalvi wrote: Based on history below, when will be my 5th anniversary? 16-Oct-2013 or 3-Dec-2013?

T1 General visa history:

Visa granted: 16-Oct-2008
Entered first in UK: 3-Dec-2008
Extension granted: 23-Nov-2012
Visa expiry: 23-Nov-2013

Many thanks
16-Oct-2008

Posted: Mon Jul 23, 2012 10:56 am
by khurramalvi
tier1Reading wrote:
khurramalvi wrote: Based on history below, when will be my 5th anniversary? 16-Oct-2013 or 3-Dec-2013?

T1 General visa history:

Visa granted: 16-Oct-2008
Entered first in UK: 3-Dec-2008
Extension granted: 23-Nov-2012
Visa expiry: 23-Nov-2013

Many thanks
16-Oct-2008
I entered first in UK: 3-Dec-2008, does 3 month delay rule will cover that period?

Posted: Mon Jul 23, 2012 11:20 am
by tier1Reading
Yes.

Posted: Mon Jul 23, 2012 11:29 am
by khurramalvi
Great, thanks very much.

Posted: Sun Oct 07, 2012 1:09 pm
by khurramalvi
Slightly confusion on my wife visa issue date.

She got visa on 4-Jan-2012 and arrived on 3-Mar-2012.

As per UKBA:
If you delayed your entry to the UK

If you were given a visa in this category but you then delayed your travel to the UK by up to 3 months, you can apply for settlement using application form SET(M) shortly before your visa expires. Provided you meet all the other requirements, we will put your application on hold until you have completed your 2-year qualifying period in the UK.
Can we both apply for ILR at the same time?

Posted: Mon Oct 08, 2012 8:47 am
by khurramalvi
Senior members please advice.

Posted: Thu Nov 01, 2012 2:13 pm
by khurramalvi
Main Applicant - Tier 1 (General) History:

Visa granted: 16-Oct-2008
Entered first in UK: 3-Dec-2008
Extension granted: 23-Nov-2012
Visa expiry: 23-Nov-2013

Dependant –Visa history:

Got married: 12-Sep-2011
Visa granted: 4-Jan-2012
Entered first in UK: 3-Mar-2012
Visa expiry: 23-Nov-2013

My wife is planning to go on holidays for 2 months next year and I am planning to apply for ILR on 4-Nov-2013 at PEO.

She meet 2 years marriage requirement and there is a 3 months grace period as per UKBA website.
http://www.ukba.homeoffice.gov.uk/visas ... ettlement/
If you delayed your entry to the UK
If you were given a visa in this category but you then delayed your travel to the UK by up to 3 months, you can apply for settlement using application form SET(M) shortly before your visa expires. Provided you meet all the other requirements, we will put your application on hold until you have completed your 5 year qualifying period in the UK.
Q. Can my wife apply for ILR at the same time?
Q. Does 2 months period has any significant affect on the ILR application?

Thank you.

Posted: Thu Nov 01, 2012 2:20 pm
by geriatrix
khurramalvi wrote:Slightly confusion on my wife visa issue date.

She got visa on 4-Jan-2012 and arrived on 3-Mar-2012.

As per UKBA:
If you delayed your entry to the UK

If you were given a visa in this category but you then delayed your travel to the UK by up to 3 months, you can apply for settlement using application form SET(M) shortly before your visa expires. Provided you meet all the other requirements, we will put your application on hold until you have completed your 2-year qualifying period in the UK.
Can we both apply for ILR at the same time?
Not applicable to those not applying for settlement using SET(M).

FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting