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ILR eligibility
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khurramalvi
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Joined: 26 Jan 2011
Posts: 66
PostPosted: Mon Apr 30, 2012 2:00 pm    Post subject: ILR eligibility Reply with quote
Hi,

I would like to take advice on eligibility for ILR. My visa (Tier1 General) was granted on 16-Oct-2008 and I first entered in UK on 3-Dec-2008. I am eligibilite for ILR as per rule mentioned below.

I applied for extension and successfully got extended visa till 20-Nov-2013.

Quote:
Under current directions you must apply for extension before your current leave expires. The only exception to this, as per UKBA guidance, is if you delayed your entry in UK by (at most) 3 months from date of issue of entry clearance and fall short of completing the residential qualifying period due to delayed entry in the UK. In such case one may apply for settlement before the current leave expires.


I got married and my wife got same visa validation i.e. 20-Nov-2013. She first entered in UK on 3-Mar-2012.

Q. My wife is eligible for ILR at the same time?
Q. Can my wife cover the 3 months period by continuously staying in UK?

Please advice. Many thanks
Khurram

Last edited by khurramalvi on Mon Apr 30, 2012 2:15 pm; edited 1 time in total
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Lucapooka
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Joined: 14 Aug 2011
Posts: 6587
Location: Brasil
PostPosted: Mon Apr 30, 2012 2:14 pm    Post subject: Reply with quote
Absolutely no mention of your immigration status (the type of leave). Without this, it's not possible to give you the correct information.
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khurramalvi
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Joined: 26 Jan 2011
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PostPosted: Mon Apr 30, 2012 2:15 pm    Post subject: Reply with quote
Sorry I haven't mentioned visa status initially. I got Tier1 General.
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Lucapooka
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PostPosted: Mon Apr 30, 2012 2:22 pm    Post subject: Reply with quote
For your wife to be eligible to apply for ILR with you, she needs to have been married for two years and resident in the UK for two years (as mutually inclusive events). If she arrived only in March this year then she has some time to wait. After you are granted ILR she must apply for leave to remain using form FLR(M). Then, later, she may apply for ILR just before the second anniversary of her arrrival in the UK.

Last edited by Lucapooka on Mon Apr 30, 2012 2:31 pm; edited 1 time in total
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khurramalvi
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Joined: 26 Jan 2011
Posts: 66
PostPosted: Mon Apr 30, 2012 2:24 pm    Post subject: Reply with quote
Hi Lucapooka,

Thanks. Does she have to give English language test?

Best Regards
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Lucapooka
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PostPosted: Mon Apr 30, 2012 2:32 pm    Post subject: Reply with quote
Yes, for both the initial application and then the subsequent settlement application.
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khurramalvi
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PostPosted: Mon Apr 30, 2012 2:33 pm    Post subject: Reply with quote
Thanks very much.
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guessmewhoswho
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Joined: 25 Apr 2012
Posts: 25
PostPosted: Tue May 01, 2012 10:38 am    Post subject: Reply with quote
Hi khurramalvi,

Can you please confirm the visa dates on your passport? Tier1 general first and then extension.....Did you go in-person or send in post? If same day, which date did you go?
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khurramalvi
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Joined: 26 Jan 2011
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PostPosted: Tue May 01, 2012 10:46 am    Post subject: Reply with quote
Tier1 General visa first granted on 16-Oct-2008 and I first entered in UK on 3-Dec-2008. I applied for extension by post on 15-Oct-2011 and got extended visa till 20-Nov-2013.
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guessmewhoswho
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Joined: 25 Apr 2012
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PostPosted: Fri May 04, 2012 3:25 pm    Post subject: Reply with quote
Why would they give you visa until 20 NOV 2013....not from 16 OCT 2010 till 16oct 2013?
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khurramalvi
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Joined: 26 Jan 2011
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PostPosted: Sat Jul 21, 2012 11:49 am    Post subject: Reply with quote
The date change based on when extension is granted. It doesn't have any affect when initial visa was granted.
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khurramalvi
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Joined: 26 Jan 2011
Posts: 66
PostPosted: Sat Jul 21, 2012 11:53 am    Post subject: Reply with quote
Hi senior members, based on my situation what is the earliest date I can apply for ILR.

I am on T1 General, below is my visa history:

Visa granted: 16-Oct-2008
Entered first in UK: 3-Dec-2008
Extension granted: 23-Nov-2012
Visa expiry: 23-Nov-2013

Please advice, many thanks.
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uksettlement
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PostPosted: Sat Jul 21, 2012 9:29 pm    Post subject: Reply with quote
18th or 19th Sept 2013
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khurramalvi
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Joined: 26 Jan 2011
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PostPosted: Sun Jul 22, 2012 5:29 pm    Post subject: Reply with quote
How did you calculate the date? Please can you advice.
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khurramalvi
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PostPosted: Mon Jul 23, 2012 9:17 am    Post subject: Reply with quote
Any advice from senior member is appreciated.
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tier1Reading
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Joined: 14 Jun 2012
Posts: 150
PostPosted: Mon Jul 23, 2012 9:41 am    Post subject: Reply with quote
28 days before 5th anniversary of your first entry clearance.

http://www.timeanddate.com/date/dateadded.html?m1=10&d1=16&y1=2008&type=sub&ay=&am=&ad=28&aw=
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khurramalvi
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Joined: 26 Jan 2011
Posts: 66
PostPosted: Mon Jul 23, 2012 9:52 am    Post subject: Reply with quote
tier1Reading wrote:
28 days before 5th anniversary of your first entry clearance.

http://www.timeanddate.com/date/dateadded.html?m1=10&d1=16&y1=2008&type=sub&ay=&am=&ad=28&aw=


Based on history below, when will be my 5th anniversary? 16-Oct-2013 or 3-Dec-2013?

T1 General visa history:

Visa granted: 16-Oct-2008
Entered first in UK: 3-Dec-2008
Extension granted: 23-Nov-2012
Visa expiry: 23-Nov-2013

Many thanks
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tier1Reading
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PostPosted: Mon Jul 23, 2012 9:54 am    Post subject: Reply with quote
khurramalvi wrote:

Based on history below, when will be my 5th anniversary? 16-Oct-2013 or 3-Dec-2013?

T1 General visa history:

Visa granted: 16-Oct-2008
Entered first in UK: 3-Dec-2008
Extension granted: 23-Nov-2012
Visa expiry: 23-Nov-2013

Many thanks


16-Oct-2008
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khurramalvi
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Joined: 26 Jan 2011
Posts: 66
PostPosted: Mon Jul 23, 2012 9:56 am    Post subject: Reply with quote
tier1Reading wrote:
khurramalvi wrote:

Based on history below, when will be my 5th anniversary? 16-Oct-2013 or 3-Dec-2013?

T1 General visa history:

Visa granted: 16-Oct-2008
Entered first in UK: 3-Dec-2008
Extension granted: 23-Nov-2012
Visa expiry: 23-Nov-2013

Many thanks


16-Oct-2008


I entered first in UK: 3-Dec-2008, does 3 month delay rule will cover that period?
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tier1Reading
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Joined: 14 Jun 2012
Posts: 150
PostPosted: Mon Jul 23, 2012 10:20 am    Post subject: Reply with quote
Yes.
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