ILR Processing: A CaseWorker's Guide/Manual

netacct · Post by **netacct** » Sat Dec 22, 2007 2:45 pm

Hi All,

There was a link on the HomeOffice website which contained details of how a caseworker process the ILR application, gap, what is considered a gap and not, annual leave etc etc etc.

Does anyone know the link please?

Thanks in advance.

Post by **vinny** » Sat Dec 22, 2007 10:56 pm

It depends on the category under which you are applying.

netacct · Post by **netacct** » Sun Dec 23, 2007 12:42 pm

Hi Vinny,

I will be applying under HSMP category after completing 5 years.
Which chapter contains the required information.

Thanks in advance

Post by **vinny** » Sun Dec 23, 2007 1:17 pm

I believe that the relevant guidelines are given in Chapter 5 - Employment > Annex F - Settlement guidance general. Although this had been previously challenged (at the time when the requirement was 4 years), it is apparently still applicable.

See also Indefinite leave to remain in closed categories and Chapter 6A - Settlement.

Partner of a British citizen or other person present and settled in the UK.

Chapter 18 - Long residence.

See also BD (work permit - continous period) Nigeria [2010] UKUT 418 (IAC) (21 October 2010)

UK Border Agency publishes revised guidance on ILR
ILR success - initial gap in EC grant date

intgral · Post by **intgral** » Mon Sep 01, 2008 11:52 am

This would need a serious update as the nationals of BG and RO are not included in the guidelines. For them, it is a combination of EEA and non-EEA rules that needs to be followed very closely.

If you have any updates, it would be appreciated.

Thank you.

intgral · Post by **intgral** » Tue Sep 02, 2008 6:19 pm

For BG/RO this is updated in the specific section.
Thank you.

usemobile · Post by **usemobile** » Thu Sep 04, 2008 12:16 am

Just quick question regarding

Date for submitting ILR

ILR guildlines states that we can apply ILR

5years : 28 days before grant to entry

But ILR application SET(o) needs

6.1 : date you entered ?

On wht basis it work

Please let me know

Post by **vinny** » Thu Sep 04, 2008 4:47 am

The date on which you first entered on your HSMP is the start of your qualifying period. When applying for settlement:

You must not send us your application more than 28 days before the end of your qualifying period. If you do, we may refuse your application with no refund of the fee. However, you must make your application before your current permission to stay in the United Kingdom expires.

bsbs · Post by **bsbs** » Thu Sep 04, 2008 5:00 pm

Hi,
I know tht you need to paas "Life in the UK test" before applying for ILR. Can someone tell me something about the test please?

1. Is it just a set of multiple choice question?
2. Do they check spoken english?
3. If somone understands but can't speak well will there be any problem.

Please answer me.

Thanks
in advance

Post by **vinny** » Thu Sep 04, 2008 11:12 pm

See also KOL and Life in the UK Test.

lukt · Post by **lukt** » Fri Sep 12, 2008 6:23 pm

1.Is it just a set of multiple choice question?
Yes !, 24 questions, out of which you need to answer 18 correct to score 75%
2.Do they check spoken english?
No
3.If somone understands but can't speak well will there be any problem.
No
if English is an issue, one can alway follow ESOL and citizenship classes. This would exempt the requirement for Life in the UK test.

bsbs wrote:Hi,
I know tht you need to paas "Life in the UK test" before applying for ILR. Can someone tell me something about the test please?

1. Is it just a set of multiple choice question?
2. Do they check spoken english?
3. If somone understands but can't speak well will there be any problem.

Please answer me.

Thanks
in advance

bsbs · Post by **bsbs** » Mon Sep 15, 2008 2:30 pm

lukt wrote:1.Is it just a set of multiple choice question?
Yes !, 24 questions, out of which you need to answer 18 correct to score 75%
2.Do they check spoken english?
No
3.If somone understands but can't speak well will there be any problem.
No
if English is an issue, one can alway follow ESOL and citizenship classes. This would exempt the requirement for Life in the UK test.

bsbs wrote:Hi,
I know tht you need to paas "Life in the UK test" before applying for ILR. Can someone tell me something about the test please?

1. Is it just a set of multiple choice question?
2. Do they check spoken english?
3. If somone understands but can't speak well will there be any problem.

Please answer me.

Thanks
in advance

Thank you very much

lukt · Post by **lukt** » Tue Sep 16, 2008 2:31 am

You are very welcome, let us know if you need any help

Shan12 · Post by **Shan12** » Tue Sep 16, 2008 10:39 am

Hi,

I did the life in the UK test a few weeks ago. Basically, if your english is not very good but you can memorise parrot fashion and you have some understanding of english, you could probably pass.

It would probably however, beneficial to go on and ESOL course instead of trying the above. Good luck with whatever you choose.

I think there is a sticky link at the top of the board that talks about the life in the uk test and there are some links to test sites. I found these very useful.

Kind regards,

Shan

bsbs · Post by **bsbs** » Thu Sep 18, 2008 2:28 pm

Shan12 wrote:Hi,

I did the life in the UK test a few weeks ago. Basically, if your english is not very good but you can memorise parrot fashion and you have some understanding of english, you could probably pass.

It would probably however, beneficial to go on and ESOL course instead of trying the above. Good luck with whatever you choose.

I think there is a sticky link at the top of the board that talks about the life in the uk test and there are some links to test sites. I found these very useful.

Kind regards,

Shan

Thanks buddy

80sPop · Post by **80sPop** » Fri Sep 19, 2008 7:22 am

Hi,

This is what I am trying to understand:
For ILR the one of the requirements is that one has to be in UK for the past 5 years from the date of the application. My visa starts from 1st Dec 2008 and valid for 3 years till 1st Dec 2011. After the 3 year period I would apply for another 2 years extension which would be valid till 1st Dec 2013. If I land in UK on 10th Jan 2009 then would I fulfill the 5 years ILR requirement when I apply for ILR say at the end of my 5 years on 25th Nov. 2013.
Here is the example:

Visa validity (3 yrs + 2 yrs extension) from : 1st Dec 2008 - 1st Dec 2013
Initial landing in UK: 10th Jan 2009
Apply for ILR on: 25th Nov. 2013

Now according to the ILR requirement I have to be in UK since 25th Nov. 2008 (5 yrs back from 25th Nov. 2013) which practically is not possible as my visa starts from 1st Dec 2008. Does this mean I need to apply for ILR on the last day of my visa expiration (1st Dec 2013) and thus have to land in UK on my visa start date which is 1st Dec 2008? OR does a person gets some buffer period to apply for ILR after the visa expiration.
OR would this gap (of 40 days) be counted towards my absences.

Though I know its too early to ask all this with the rules being changed overnight but still would like to understand this and at least be sure right now as to what I am doing.

Please clear this doubt.

Thanks
Rishi

Post by **vinny** » Sat Sep 20, 2008 2:08 am

See also here. You should really plan to initially enter within 28 days (4 weeks) from your visa's effective date.

80sPop · Post by **80sPop** » Sat Sep 20, 2008 7:02 am

Thanks vinny for the reply.

I saw the post mentioning one should send the app for ILR at the most 28 days from visa expiration.
Please check the 2nd post here:
http://www.immigrationboards.com/viewto ... a0126f7d6d

Does this mean that those who do not land within 28 days can apply for a second extension to make up the 5 yr continous period. How would the ILR be affected by not landing within 28 days? Even if we land within 28 days we would not make up 5 continous yrs.Is it that too those who land within 28 days do not need the 2nd extension. I am under the impression that everyone needs a 2nd extension to make up 5 yrs.

Please elaborate.

Thanks

Post by **vinny** » Sat Sep 20, 2008 10:08 am

See also 1.3 - Validity of entry clearance and leave to enter.

80sPop · Post by **80sPop** » Sat Sep 20, 2008 12:51 pm

Vinny,

The url you are pointing does help but still it does not answer my question. Either I am not able to read between the lines. Would be helpful if could explain all that and answer my query.

Thanks

Post by **vinny** » Sat Sep 20, 2008 1:25 pm

You may apply for ILR no sooner than 28 days (4 weeks) prior to the completion of your qualifying period and before your leave to enter/remain expires. Therefore, to prevent an unnecessary application for an extension of stay, you should initially enter the UK no later than 28 days (4 weeks) from your visa's effective date.

netacct · Post by **netacct** » Sun Sep 21, 2008 12:09 am

Now according to the ILR requirement I have to be in UK since 25th Nov. 2008 (5 yrs back from 25th Nov. 2013) which practically is not possible as my visa starts from 1st Dec 2008. Does this mean I need to apply for ILR on the last day of my visa expiration (1st Dec 2013) and thus have to land in UK on my visa start date which is 1st Dec 2008? OR does a person gets some buffer period to apply for ILR after the visa expiration.
OR would this gap (of 40 days) be counted towards my absences.

Rishi,

You really don't need to worry about ILR.
You are talking about next 5 years, here the rules are changing every six months or so. It will be gone by that time and they might eve start getting rid of existing ILR holders itself by asking them to take citizenship or leave.
No one knows what the rules will be?

80sPop · Post by **80sPop** » Sun Sep 21, 2008 6:44 am

Thanks vinny for explanation.

And netacct you are very right, I just thought I would at least know what the present rules are but very rightly said, I guess it hardly matters what it is now, 5 yrs is a long time and thus would see whatever the rules are at the that time.

Regards

antouk · Post by **antouk** » Tue Sep 23, 2008 11:51 am

@vinny,
I entered UK 2 months after my hsmp approval. While i apply for ILR, if i comply with 180 days (or 225) rule, then do i have a chance of a successful ILR application, or shud i go for one more extension before ILR?

shockboy2000 · Post by **shockboy2000** » Fri Feb 27, 2009 6:26 pm

vinny wrote:I believe that the relevant guidelines are given in Chapter 5 - Employment > Annex F - Settlement guidance general. Although this had been previously challenged (at the time when the requirement was 4 years), it is apparently still applicable.

are there more chapters (or the whole thing) from the ILR caseworkers manual that can be posted here? this one posted earlier eludes to the 5yr period calculation only. Im interested in the details about being in the uk as a HSMPer. if you have gaps in employment, but still remain in the UK using your own funds only...what rules apply there.

at the moment i am still in work and i havent had any gaps, and ive saved a shedload of $ since ive been in the uk..so financially i have no problems being out of work for sometime if need be...but i would like to know what impact being out of work , yet staying in the uk, has on an ILR application.

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ILR Processing: A CaseWorker's Guide/Manual