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ILR Questions

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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xyz111
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ILR Questions

Post by xyz111 » Sun Jan 20, 2013 12:18 pm

Hi,

I would like to find out a couple of things, would appreciate if Gurus could help:

- I enetered on workpermit in the UK (issued outside UK), there was a delay of 2 months. Then I switched to Tier 1 (G) in-country. When I go for ILR can I count that 2 months period to prove continuous residency?

- I should have enough earnings to score points without showing 1 year earnings. But in the last 12 months I have been unemployed for 1 month, is that gonna affect in anyways?!

- I would like to apply in person. Do I still have to fill out SET O form?!

Thanks.

uksettlement
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Post by uksettlement » Sun Jan 20, 2013 3:27 pm

yes use for Set (O)

Yes a late entry of upto 90 days is permitted so you can count those two months towards your stay in the UK when applying for ILR.

requirements around previous earning is to score required points in 12 continuous months of the previous 15. You can use any number of months. For eg..if you salary of 6 months gets you the total points then you dont need to show the remaining pay slips!

Hope it makes sense?
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

Lucapooka
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Location: Brasil

Post by Lucapooka » Sun Jan 20, 2013 3:30 pm

Has the policy changed of late? I've seen citations of refusals from applicants that incorporated the 3 month late entry concession, because their leave was not deemed to be continuous, in the same circumstances as the OP who switched from WP to Tier 1. That's because the whole five years were not in the same immigration category.

xyz111
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Post by xyz111 » Sun Jan 20, 2013 9:37 pm

Lucapooka wrote:Has the policy changed of late? I've seen citations of refusals from applicants that incorporated the 3 month late entry concession, because their leave was not deemed to be continuous, in the same circumstances as the OP who switched from WP to Tier 1. That's because the whole five years were not in the same immigration category.
Please could you fellows advise! there seems to be ambiguity!!!

Thanks.

cs95tdg
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Post by cs95tdg » Sun Jan 20, 2013 10:11 pm

Lucapooka wrote:Has the policy changed of late? I've seen citations of refusals from applicants that incorporated the 3 month late entry concession, because their leave was not deemed to be continuous, in the same circumstances as the OP who switched from WP to Tier 1. That's because the whole five years were not in the same immigration category.
The wording in the latest guidance is on page 12 (http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary). It does not explicitly state that the concession only applies to those applying under a single economic migrant category, therefore I sent a enquiry to the UKBA Settlement Policy Ops team to get confirmation for my circumstances which included LTR in both WP & T1G categories, to which they responded that the concession would apply to me.

http://www.immigrationboards.com/viewto ... ht=#767657

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