Immigrationboards.com

Hey Adi,

ILR Question

My visa validity starts on 10 September 2007
My passport stamped (when arrived) 21 September 2007
I have made an appointment on the 20th of August 2012

Is this OK? Some in the forum say you can take the visa validity date even if you are not in the country for that period? (because if not 28 days from 21st September is 26th August)

If so how do I answer the below question?

6.1 When did you (the main applicant) first enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based?




Thanks,

A date no earlier than 28 days prior to Sept 21 would be any time on or after Aug 24. You seem to be applying too soon.

Read Q3, Q4, Q5 under the following sticky to understand the criteria yourself first. http://www.immigrationboards.com/viewtopic.php?t=79378

You have not provided sufficient information to give a conclusive answer. I.e. you have not mentioned what immigration category you are applying under or what your current leave to remain expiry date is.

The answer to 6.1 will always be the same, i.e. the date you entered the UK on which this ILR application is based. Would this be 21 September 2007 ?

[quote="Lucapooka"]A date no earlier than 28 days prior to Sept 21 would be any time on or after Aug 24. You seem to be applying too soon.[/quote]

Thanks for the prompt response guys, A bit more detail

I am applying for SET (O) , I am on a Tier 1 visa which expires in November. I have been in the UK since 2003 when I was a student

I spoke to a friend who applied through a lawyer and he said that he applied 28 days before the visa date and not the arrival date. He said the Lawyer said it was fine as long as the gap is less than 3 months. He applied and he was successful (same background/ work place as me etc)

Arj12345 wrote:I spoke to a friend who applied through a lawyer and he said that he applied 28 days before the visa date and not the arrival date. He said the Lawyer said it was fine as long as the gap is less than 3 months. He applied and he was successful (same background/ work place as me etc)

Yet more information is required from you. This is only possible if your current leave does not extend to Sept 21 and was granted for five years in the same category.

Assuming you meet all other requirements (including 90/180 etc, 'based in UK', etc):

1. First, what category are you applying under?

2. What is the qualifying period for that category (4/5/10 usually)?

3. What other prior categories have you included to make up your qualifying period?

4. Of those prior categories (included in 3. above), what was the earliest 'entry date' in case of out of country EC or 'leave extension grant date' in case of in-country switch?

5. From that date (answer to 4. above) onwards, you should meet either 4/5/10 years to qualify to apply.

6. You should have a valid leave at the time of application.

7. However, you can apply within the last 28 days of the valid leave to reach the 4/5/10 year qualifying period.

8. You can book a PEO appoint from 6 weeks before your planned PEO date.

Note I have not considered the '3 month' grace period for qualifying situations.

I hope this helps.

Arj12345 wrote:I am applying for SET (O) , I am on a Tier 1 visa which expires in November. I have been in the UK since 2003 when I was a student

I spoke to a friend who applied through a lawyer and he said that he applied 28 days before the visa date and not the arrival date. He said the Lawyer said it was fine as long as the gap is less than 3 months. He applied and he was successful (same background/ work place as me etc)

As has already been indicated, certain concessions are available but only given under specific circumstances. As none of us know the specifics about your friends immigration status or application (even though you indicate he has the same background as you) it would be best for you state the specifics applicable to you here. I.e.

a) The date you switched to Tier 1 in-country (as you have mentioned you were in the UK as a Student before that). Note that this will be the valid from date on your Tier 1 visa vignette: xx/xx/xxxx?
b) If you did not switch immigration categories in-country then the date your Tier 1 EC was granted: xx/xx/xxxx?
c) If you applied for EC from your home country, the date you entered the UK on your Tier 1 visa: xx/xx/xxxx?
d) The date your current leave to remain expires: xx/xx/xxxx?

Answer b) & c) only if you applied for EC from your home country. I.e. did not switch immigration categories in-country.

I got my workpermit on 10/09/07

Entered the country 21/09/07 (but I had only left the country 1 month before where I was resident in the UK for 4 years)

I switched to Tier 1 on 29/10/09 while in the country

To be honest I think its also on the discretion of the Officer. As my friend has almost the same dates. Plus he had to extend his Tier 1 only 4 months before applying for the ILR so he had validity for another few years and had no compelling case to apply early.

Arj12345 wrote:I got my workpermit on 10/09/07

Entered the country 21/09/07 (but I had only left the country 1 month before where I was resident in the UK for 4 years)

I switched to Tier 1 on 29/10/09 while in the country

To be honest I think its also on the discretion of the Officer. As my friend has almost the same dates. Plus he had to extend his Tier 1 only 4 months before applying for the ILR so he had validity for another few years and had no compelling case to apply early.

You have now provided yet more new information that was not in the original post. I.e. that you were on a work permit after being a student & before switching to Tier 1. It would have been easier to have all the information at once.

What this means now is that the date you switched to Tier 1 is not what will be used to determine the earliest date you can apply, it's the date of your Work Permit EC or the date you entered the UK on that Work Permit. Note FYI, your residence in the UK as a Student will not count towards your 5 year residency required to apply for ILR as a economic migrant.

Based on what I can gather from your post you can apply for ILR 28 days before the 5th anniversary from 21/09/07.

OR

If your current leave to remain expires before you meet the residency requirement then you can apply 28days before the 5th anniversary from your Work Permit EC valid from date. (Note: This is a concession that was introduced earlier this year and is detailed under Q5 in this sticky: http://www.immigrationboards.com/viewtopic.php?t=79378)

so does it mean, 3 month rule from EC can only be used if you no longer have valid visa to complete 5 yrs , other wise it should be used with date of arrival not EC

The three month concession is with exclusive regard to a period of leave that was granted for (and/or extended to complete) exactly five years, in the same category, and where the applicant can't complete the five years residence that are required for ILR because of a delay in their entry to the UK (and for no other reason such as early extension where previous unexpired leave was not added into the second grant). The period of delay is capped at 3 months. Anyone who can complete five years because they have sufficient time remaining in their current leave is required to do just that.

Come on guy's, this is not difficult to understand and lots of people (not in this thread, but certainly in others) are confusing the issue with guesses and hearsay!

Lucapooka wrote:The three month concession is with exclusive regard to a period of leave that was granted for (and/or extended to complete) exactly five years, in the same category, and where the applicant can't complete the five years residence that are required for ILR because of a delay in their entry to the UK (and for no other reason such as early extension where previous unexpired leave was not added into the second grant). The period of delay is capped at 3 months. Anyone who can complete five years because they have sufficient time remaining in their current leave is required to do just that.

Come on guy's, this is not difficult to understand and lots of people (not in this thread, but certainly in others) are confusing the issue with guesses and hearsay!

so if u have visa remaining than the EC cant be used rather entry date to uk is used?

Correct

http://www.immigrationboards.com/viewtopic.php?t=110870

how abt this 1 thn

How about what? Do you have a question? I'm not going to read an entire thread to try and fathom what you can't be bothered to ask.

http://www.immigrationboards.com/viewtopic.php?t=110695

Can you check this link and see what Arj12345 has said

His is referring to completely different scenario to the matter I am discussing. Everyone applying for settlement is permitted to submit their application 28 days before the end of the qualifying residence period.

Lucapooka wrote:The three month concession is with exclusive regard to a period of leave that was granted for (and/or extended to complete) exactly five years, in the same category, and where the applicant can't complete the five years residence that are required for ILR because of a delay in their entry to the UK (and for no other reason such as early extension where previous unexpired leave was not added into the second grant). The period of delay is capped at 3 months. Anyone who can complete five years because they have sufficient time remaining in their current leave is required to do just that.

Come on guy's, this is not difficult to understand and lots of people (not in this thread, but certainly in others) are confusing the issue with guesses and hearsay!

Lucapooka,

There appear to be two scenarios where forum members are repeatedly asking questions & getting two different responses based on other forum user experiences and what the modernised CW guidance states:

In both cases the applicant has first entered the UK within 3 months of EC.

Scenario 1) An applicant has sufficient leave to remain to cover the 5 year residence required for ILR, both from the "EC date" and the "first date of entry" into the UK (This may be because they extended their leave several times, or switched immigration categories while in the UK which may have resulted in them being granted more than 5 years of "leave to remain").

Scenario 2) An applicant has sufficient leave to remain to cover the 5 year residence required for ILR, but only from the "EC date" (Because they were granted exactly 5 years of leave).

Now this is what the modernised CW guidance states:

Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but due to delayed travel will not have spent five years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years, provided this period was not longer than three months.

Based on my interpretation of the above statement, what I understand is that in scenario 1) above the applicant can apply for ILR upto 28 days before their "first date of entry" into the UK. And in scenario 2) above the applicant can apply upto 28 days before their "EC date".

But contrary to this there are certain forum members who state that in scenario 1) above they have successfully applied for ILR upto 28 days before their "EC date". These members state that CW's have mentioned that they are not worried about whether you apply for ILR 28 days before "EC" or "first date of entry", so long as you have sufficient leave to remain to cover the 5 years.

This is where a lot of confusion has arisen. From your response I gather that you and I have read and interpreted the guidance in the same way. My take is that it will be upto individuals to decide what they would like to do for themselves. The response they get will continue to vary as it is clear that there are two distinct ones that continue to be given on this forum.

thanks
now that makes sense and its clearly explained

cs95tdg wrote:
There appear to be two scenarios where forum members are repeatedly asking questions & getting two different responses based on other forum user experiences and what the modernised CW guidance states:

Great post cs95tdg.
CW guidance clearly states that you can only apply if you don't have sufficient leave to count from the first entry date.
However there are a lot of forum members who stated that CW don't care if you have or have not sufficient leave and everyone can benefit from this rule.

What I am interested in (and I am sure other members too) is if there any examples where an application was rejected by the CW because an applicant had enough leave and therefore should have applied from the date of entry, not EC. Do you or Lucapooka know any such examples? The amount of posts you both have suggests that you are regulars to this forum.

Many thanks.

I contacted a really good solicitor ( heard of them to be top most in the Uk)
she sent me this link

http://www.entryclearanceservices.co.uk ... ugust-2012

saraq wrote:I contacted a really good solicitor ( heard of them to be top most in the Uk)
she sent me this link

http://www.entryclearanceservices.co.uk ... ugust-2012

Here it clearly says:

Q1 – When does my indefinite leave to remain (ILR / settlement) qualifying period start?

If you switch into a qualifying category within the UK, the qualifying period starts on the day your leave was extended. If you obtained entry clearance abroad, the qualifying period start on the day you entered the UK or the day you were granted your visa providing you entered the UK within 3 months of your visa being endorsed in your passport.

That's not an official source of information. It's sketchy and lacks detail. The person who penned this information on the website of that company has completely overlooked the very necessary requirement, as defined in the guidance, for the grant of leave to have been for (or to complete) a finite period of five years which can't be completed due to late entry. Those whose leave has been granted cumulatively in excess of five years (made by additional extensions) can't use their EC issue date (but they can apply 28 days earlier). Nor does it say that the leave has to be in the same category. It's completely unreliable.