Page 1 of 1
PEO appointment - 29 days before 5 yrs period advice plz
Posted: Fri Aug 03, 2012 7:35 pm
by Sal2007
Hi Everyone,
A brief history of my leave to remain as below;
WP issued on 14/09/2007
Tier 1 PBS issued on 19/08/2009
Tier 1 PBS expires on 19/08/2012
Based on my visa history my qualifying period would be 14 Sep. 2012.
I tried to get an appointment for 17th Aug 2012 (exact 28 days before qualifying period) at any PEO, unfortunately I could get any. However I manged to get appointment on 16th Aug. 2012 (Solihull) that is 29days before my qualifying period.
I reckon PEO caseworker will ask me to send application by post if I go on 16th Aug. 2012.
Please share your experience if any exceptional experience happened.
I want to travel abroad in coming September.
Your suggestions/advice are most well come.
Regards,
Posted: Fri Aug 03, 2012 7:51 pm
by wpilr_nov12
Did you get an entry clearance from your home country after WP or was that an in country switch? When was the EC or new leave granted? If EC, when did you enter?
Posted: Fri Aug 03, 2012 7:56 pm
by Sal2007
Before WP I was on student visa. I switched to WP in UK.
New leave was granted on 14 Sep. 2009.(Tier 1 PBS for three years)
Posted: Fri Aug 03, 2012 8:27 pm
by wpilr_nov12
If your WP was issued on 14 sept 07, when did you get a new leave as WP holder?
Re: PEO appointment - 29 days before 5 yrs period advice plz
Posted: Fri Aug 03, 2012 9:57 pm
by cs95tdg
Sal2007 wrote:Hi Everyone,
A brief history of my leave to remain as below;
WP issued on 14/09/2007
Tier 1 PBS issued on 19/08/2009
Tier 1 PBS expires on 19/08/2012
Based on my visa history my qualifying period would be 14 Sep. 2012.
I tried to get an appointment for 17th Aug 2012 (exact 28 days before qualifying period) at any PEO, unfortunately I could get any. However I manged to get appointment on 16th Aug. 2012 (Solihull) that is 29days before my qualifying period.
I reckon PEO caseworker will ask me to send application by post if I go on 16th Aug. 2012.
Please share your experience if any exceptional experience happened.
I want to travel abroad in coming September.
Your suggestions/advice are most well come.
Regards,
While the number of days you short fall by is different, the case posted under following topic is similar to yours. Please take a read through. I have given an explanation of why it is necessary to have sufficient leave to remain to cover the 5 year residency period when applying for ILR and that this is seperate from the fact that the UKBA allow you to apply 28 days before your current leave to remain expiry date.
http://www.immigrationboards.com/viewtopic.php?t=109873
Without going into much detail, from what you have stated, I'd say you have a short fall in your leave to remain to satisfy the required 5 years. Therefore you will have to either apply for ILR by post close towards your visa expiry date OR apply for an extension of "leave to remain" to cover the gap before you apply for ILR.
Posted: Fri Aug 03, 2012 10:50 pm
by Sal2007
Even I am short of 25 days to reach to 5th anniversary but still I can apply for ILR. My employer has confirmed from UKBA few months ago.
I rang UKBA to get PEO appointment. They told me that the earliest date I can get an appointment is 17th August.(I told them my whole visa history, they calculated dates etc and let me know.)
My problem is appointment with PEO. I could not get any slot on 17th August but I managed to reserve a slot on 16th which is 29 days before my 5th anniversary.
The difference of 1 day strucks down my PEO appointment.
Posted: Sat Aug 04, 2012 12:12 pm
by cs95tdg
Sal2007 wrote:Even I am short of 25 days to reach to 5th anniversary but still I can apply for ILR. My employer has confirmed from UKBA few months ago.
I rang UKBA to get PEO appointment. They told me that the earliest date I can get an appointment is 17th August.(I told them my whole visa history, they calculated dates etc and let me know.)
The advice you appear to have got over the UKBA phoneline, does not fall in-line with the Immigration rule (245CD) guidelines that are published on the website (unless there have been some very recent changes in the rules which I'm unaware of). It is strange that you say they took all your immigration history details before giving you that information. The point I don't agree with is that they say you will qualify for ILR without meeting the 5 year residency requirement (& not the point that you are allowed to apply 28 days before current leave to remain expires - which is valid). However I do know that the UKBA telephone helpline staff are known for giving misleading and incorrect information at times. I personally always go by what the immigration rules state.
I will now leave this topic for others to comment.
Posted: Sat Aug 04, 2012 2:44 pm
by Sal2007
cs95tdg wrote:Sal2007 wrote:Even I am short of 25 days to reach to 5th anniversary but still I can apply for ILR. My employer has confirmed from UKBA few months ago.
I rang UKBA to get PEO appointment. They told me that the earliest date I can get an appointment is 17th August.(I told them my whole visa history, they calculated dates etc and let me know.)
The advice you appear to have got over the UKBA phoneline, does not fall in-line with the Immigration rule (245CD) guidelines that are published on the website (unless there have been some very recent changes in the rules which I'm unaware of). It is strange that you say they took all your immigration history details before giving you that information. The point I don't agree with is that they say you will qualify for ILR without meeting the 5 year residency requirement (& not the point that you are allowed to apply 28 days before current leave to remain expires - which is valid). However I do know that the UKBA telephone helpline staff are known for giving misleading and incorrect information at times. I personally always go by what the immigration rules state.
I will now leave this topic for others to comment.
Thanks for your help.
Posted: Sun Aug 05, 2012 12:13 pm
by wenner
Sal2007
Are you still planning on applying using premium service for ILR?.If so, please share your experience.I am 18 days short.I came to a conclusion yesterday that I need to apply either by post or extend my tier 2 leave to remain.I decided to extend my leave to remain under tier 2, just to cover 18 days, then I'll be able to use premium service without being worried sick on the day of appointment.But now that I have read your posts, I am just wondering what you are going to do now?
please share you personal experience.all the best!
Posted: Sun Aug 05, 2012 4:13 pm
by Sal2007
wenner wrote:Sal2007
Are you still planning on applying using premium service for ILR?.If so, please share your experience.I am 18 days short.I came to a conclusion yesterday that I need to apply either by post or extend my tier 2 leave to remain.I decided to extend my leave to remain under tier 2, just to cover 18 days, then I'll be able to use premium service without being worried sick on the day of appointment.But now that I have read your posts, I am just wondering what you are going to do now?
please share you personal experience.all the best!
Definitely I will try my best to get a slot on 17th Aug, otherwise will apply by post. I will keep update regarding progress of my application.
Posted: Sun Aug 05, 2012 4:35 pm
by wenner
please do and all the best!!!
Posted: Sun Aug 05, 2012 5:38 pm
by Sal2007
wenner wrote:please do and all the best!!!
Thanks
Posted: Fri Sep 20, 2013 10:44 pm
by Amber
Sal2007 wrote:Hi,
A query regarding the earliest date for my wife's ILR.
Dependent visa issued/stamped = 22/02/12
enter into to UK = 06/05/12
visa extension within UK (FLR) as a dependent = 15/08/12
FLR expires = 06/05/2014
She can apply 28 days before which date???
22/02/12 the date visa was issued or 06/05/12 the date she entered into UK.
My apologize if I raised the same question that has already been discussed in any thread before.
Thanks for your help.
Regards,
Posted: Fri Sep 20, 2013 10:56 pm
by Amber
If her current leave is FLR(M) then from 28 days before 06/05/14, if her leave is a pbs dep then from 06/05/14.