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ILR Shortfall and possible way out

Posted: Mon Jun 24, 2013 4:25 pm
by rizwan567
I will be thankful if you can share your views on that:

Situation:
Tier 1 General stamped: 15 Sep 2008
Applicant flew into country: 15 Jan 2009 (Four months after)
Extended until: 15 Sep 2013

Now, my question here is that applicant (with 4 dependents) need to get 2nd extension in order to complete full 5 years within the UK before applying for ILR. And its an extra cost of 6200 pounds in Tier 1 General application fee only!!!!!

I am aware that these days, postal Tier 1 General ILR applications are taking 6+ months to be decided by UK. Now my question here is, If applicant apply for ILR by post on 14 Sep 2013 and say caseworker decides ILR application somewhere in June 2014, will ILR application be successful? Because by that time/by decision day, applicant would have completed 5 years in the UK under section 3C of immigration act.. Will this work?

Others please comment on this. If this works then lots of people are having short fall of 1-3 months, can save lots and lots of money by taking this approach by saving fee and hassle of 2nd extension.

I wait for your replies.

Re: ILR Shortfall and possible way out

Posted: Mon Jun 24, 2013 4:32 pm
by shahid2000
rizwan567 wrote:I will be thankful if you can share your views on that:

Situation:
Tier 1 General stamped: 15 Sep 2008
Applicant flew into country: 15 Jan 2009 (Four months after)
Extended until: 15 Sep 2013

Now, my question here is that applicant (with 4 dependents) need to get 2nd extension in order to complete full 5 years within the UK before applying for ILR. And its an extra cost of 6200 pounds in Tier 1 General application fee only!!!!!

I am aware that these days, postal Tier 1 General ILR applications are taking 6+ months to be decided by UK. Now my question here is, If applicant apply for ILR by post on 14 Sep 2013 and say caseworker decides ILR application somewhere in June 2014, will ILR application be successful? Because by that time/by decision day, applicant would have completed 5 years in the UK under section 3C of immigration act.. Will this work?

Others please comment on this. If this works then lots of people are having short fall of 1-3 months, can save lots and lots of money by taking this approach by saving fee and hassle of 2nd extension.

I wait for your replies.
I think the main problem here will that you have to be eligible to apply for ILR on the day when UKBA "receive" your application. IMHO this will be a straight refusal. You cannot send the application more than 28 days before your fifth anniversary.

Posted: Mon Jun 24, 2013 5:23 pm
by vinny
Suggested options. Option 1 may be safer?

Posted: Mon Jun 24, 2013 8:12 pm
by rizwan567
Vinny - thanks a lot for your answer. I have gone through the links you have provided and got the answer.

Regards

rizwan

Posted: Wed Jun 26, 2013 9:30 am
by go2khurram
I choose the Option2. How you are applying?

Posted: Wed Jun 26, 2013 6:50 pm
by Tier 4
go2khurram wrote:I choose the Option2.
Whats happen with your application did you get your ILR?