ILR(LR) Short of (7+28) Days

[Leo.Leo]

Hello Every One,
Got a Question Regarding ILR(LR) and would appreciate your Advice and suggestions.
I am completing My 10 Years in couple of Months.I am aware of the fact that we can only apply 28 days before the qualifying period which was no issue for me as I Had a Valid tier-4 Leave which was completing my 10 years Qualifying Period But recently My college has been revoked and i have received the 60 days curtailment letter from HO and because of that i am short of 35 days of 10 years period. Even if i exclude 28 days period still its 7 days short. I have consulted Few solicitors if i can apply for ILR rather than going for Tier-4 application again But every one is suggesting your ILR application will become invalid as you are applying before the qualifying period and you will break your long residence. so its better to apply for Tier-4 again and apply for ILR when you complete your qualifying period.
At the moment am facing some financial difficulties as i just studied 3 months at my previous college and paid them the whole year fee and cant afford to pay again in 2 months time so applying for ILR will save me from a lot of hassle and financial burden. Just wanted to know Will there be any discretion from Case worker if i apply for ILR straightaway as my college has been revoked and i had the valid visa which was covering my qualifying period and the gap is only 7 days?
Does applying early for ILR will make my application invalid?
Please advice!
Thanks

[Tier 4]

Hello Every One,
Got a Question Regarding ILR(LR) and would appreciate your Advice and suggestions.
I am completing My 10 Years in couple of Months.I am aware of the fact that we can only apply 28 days before the qualifying period which was no issue for me as I Had a Valid tier-4 Leave which was completing my 10 years Qualifying Period But recently My college has been revoked and i have received the 60 days curtailment letter from HO and because of that i am short of 35 days of 10 years period. Even if i exclude 28 days period still its 7 days short. I have consulted Few solicitors if i can apply for ILR rather than going for Tier-4 application again But every one is suggesting your ILR application will become invalid as you are applying before the qualifying period and you will break your long residence. so its better to apply for Tier-4 again and apply for ILR when you complete your qualifying period.
At the moment am facing some financial difficulties as i just studied 3 months at my previous college and paid them the whole year fee and cant afford to pay again in 2 months time so applying for ILR will save me from a lot of hassle and financial burden. Just wanted to know Will there be any discretion from Case worker if i apply for ILR straightaway as my college has been revoked and i had the valid visa which was covering my qualifying period and the gap is only 7 days?
Does applying early for ILR will make my application invalid?
Please advice!
Thanks

No it will not make your application invalid at all. I was 39 days short of making 10 years but I applied for ILR and yesterday I received it successfully.

Follow my previous posts for details

[Leo.Leo]

Thanks Tier 4 & Congrats.
But am just very confuse at the moment because am getting mixed responses from different people.Am sure you have gone through the same situation when some are telling you to apply while some are suggesting that don't take risk and go for extension.
On top guidance also mentions that we should not apply prior to 28 days period or it will be refused.

[Obie]

Yes that is the guidance.

You can apply under another visa category like private and family life, and then vary to ILR. That might save s bit of cash.

[Zee ali]

Yes that is the guidance.

You can apply under another visa category like private and family life, and then vary to ILR. That might save s bit of cash.

Even though if they refuse u (u apply 7 days early). U will get appeal right and than u can add additional ground in your appeal .

But u have three options know.

1.As Tier 4 said his example is in front of u apply now and pray that they give u ILR and i think they will give as When caseworker consider your application (it will take 3 months at least). u already completed 10 years.

2. As Obie said apply flr fp application (Article 8 ) than vary it after 7 days to set LR.

3.Apply ILR now if they refuse u u go to appeal and add additional ground.

Dont go for tier 4 extension. Waste of time and money.

[Leo.Leo]

Thanks Obie,Thanks Zee.
But Have you ever heard of someone refused/invalid application on the basis of applying early for ILR prior to 28 days period? I have searched the forum and have seen few successful applicants for Early application (Like Tier-4) but not a single case where some one is refused on the basis that they applied early for their ILR. so as per my understanding i think its safe as long as i complete the qualifying period on the day case worker decides the application which zee mentioned would take at least 3 months.

[Leo.Leo]

And one more point i want to clarify is when does my 10 years time starts? is it when my visa was stamped or when i entered the country. I entered the UK after 3 weeks of my visa was granted. At the moment am counting my time from date of entry and not the visa start date. Please suggest.
Thanks

[vinny]

See also Can I apply for ILR?

[Leo.Leo]

Thanks Vinny.
I Think in my case its date of entry because i enter the country on student visa so 90 days concession does not apply in my case.
The more i search on the forum about early application the more i am willing to apply for ILR straightway rather than going for an extension because it will save a lot of time and money.

[Tier 4]

I have searched the forum and have seen few successful applicants for Early application (Like Tier-4) but not a single case where some one is refused on the basis that they applied early for their ILR. so as per my understanding i think its safe as long as i complete the qualifying period on the day case worker decides the application which zee mentioned would take at least 3 months.

That is exactly my point, my example is in front of you and for that I just didn't made up my mind out of the blue, I made lots of searches and kept an eye on similar cases. And you know the funny thing all the so-called lawyer were told me to go for extension or you application will be invalid, which is not true. There are other reasons which make application invalid but certainly not this one.

Therefore to be honest with you don't have to go through FLR etc, because the time CW will come to that point to make decision you will cross this gap anyways, as the date of decision is important and till this date you will be covered by 3C leave.

I give you another example when I applied PSW visa back in 2012 it took 4.5 months to decide and my visa started after 4.5 months, therefore date of decision is the date when any leave validate / authorised and before that your covered by 3C leave.

There are few examples when other people successfully submitted early applications

Query - 24 days shorter for 10 years Long Residency – ILR

Urgent Help Required-ILR when delay in travel for 3 mon 1 da

Shortfall of 28 days before ILR Application

ILR ELIGIBILITY - Email from UKBA

Short of 40 days for Long Residence 10 years

Nevertheless I would not give this suggestion to someone who might be short of 3 / 4 months but as you short just 35 days making an early application is feasible.

However Its your call, good luck

[Leo.Leo]

Thanks Tier-4.
Your are absolutely right not a single solicitor has suggested that, But My point is why should i spend a lot of money just to cover up these 7 days , it does not make sense at all. Thanks a lot for your guidance & support i still have time so will make up my mind.
One of my close mate has also applied 2 months earlier so will wait for his decision, if hopefully he gets a positive response i will definitely go for the same and will apply straight away.
Thanks again for your advice, appreciate that!

[Obie]

I am of the view that a private life application , subsequently varied to Set (LR) is the best options.

Going for an appeal could be lengthy, so it is sensible to vary , when your qualifying period has been attained.

[Leo.Leo]

Thanks Obie.
I Will consider this option as well as i don't have to pay much apart from application fee and then can vary the application to SET(LR). But Does FLR(FP) comes under immigration rules or is it discretionary Leave? I remember once i asked a solicitor about FLR(FP) but he said its outside immigration rules and will break the continuous residence. so was he wrong about that?

[Obie]

He does not know what he is talking about , as is the case with some of these solicitors or so called solicitors.

It falls within the rules.

You will pay the same fee as you would have paid for ILR along and the application will be made at the correct time.

[Leo.Leo]

Thanks Obie for putting the facts right. Cheers

[Leo.Leo]

I Have Emailed HO Regarding My Query and they confirmed that "The qualifying period is calculated by case worker from date of entry to date of decision. Also if the application is made before the expiry of current leave it will be covered by 3C leave till the date of decision which will also be counted towards the Long residence qualifying period by the case worker.
Regarding invalidity of Early application they confirmed that making an early application does not make it invalid. Application will become invalid if there is issue with the application fee,Application form not filled properly, required documents are not enclosed or failure to enroll bio metrics within specified time scale.

[alxale]

Hi LeoLeo, may I know which email did you use to contact HO ? I need to check something with them as well regarding the qualifying period. THanks

[Leo.Leo]

Hi LeoLeo, may I know which email did you use to contact HO ? I need to check something with them as well regarding the qualifying period. THanks

Settlementopspolicy@homeoffice.gsi.gov.uk

[Leo.Leo]

Hello Everyone,Am filling the form so Need Help in few sections of the SET(LR) Form. Would Appreciate your responses.

Page-14 Question D13. Please state the ties you have with the country where you were born,whose nationality you have, or where you lived for more than five years. You should tell us about any family,friends or other connections with that country? So do i need to mention the names of all the family members and friends in my home country or just simply write family Ties with my country name?

Page-23 If the account with the bank or utility company is in the joint names of the applicant and other people, each of those others should sign the following declaration. At the bottom of the page they are asking about name of the applicant and address,signature and date. Do i need to fill anything here as i do not have any joint account and making payment by postal order. just wanted to know shall i leave the whole page blank?

Section-G Page 25,26 ( Representative’s Details and Declaration ) i do not have any representative so shall i leave both pages completely blank?

I Know they are silly questions but just wanted to make sure and double check before i send the application. Thanks

[Leo.Leo]

For the Benefit of other Members just wanted to update that by the grace of GOD i have been granted ILR. I made my application 35 days prior to 10 years. I Also Mentioned in the covering letter about my early application to the caseworker and stated that i will be cover under 3c leave rule. The whole application process took around 7 weeks which is pretty quick so be very careful if you are making an early application that the gap is not too long.
In the end Thanks to Admin and other member (Specially Tier-4) for the support and guidance throughout the application process.

[kiranmann85]

Hi Leo Leo,

I'm quite unsure and stuck at exactly the same three questions on the SET LR Form (question about country you were born in etc and your ties with that country, Joint account declaration) that you posted earlier this year.

What did you fill in, in the end?

Thanks in advance.

Regards,
Kiran