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Continue working whilst waiting for ILR decision

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Indefinite leave to remain family route

Post by gentle_man317 » Sun Sep 15, 2024 9:54 pm

Form SET(M) says:
You must apply before the end of your authorised stay in the UK, but not more than 28 days before completing that period. If you apply earlier than that, your application may be refused.
Clarification:
zimba wrote:
Tue Sep 10, 2024 4:17 pm
These paragraphs are being incorrectly interpreted by applicants all the time as they do not know the context at all. The earliest date of ILR eligibility is within 28 days of completing your 60 months in the UK. That is when you can be granted ILR. Note that the visa expiry is irrelevant.

In the past, applicants could apply for a same-day decision (in the old UKVI premium visa centres), so the date of application and the date of the decision were effectively the same. In those circumstances, if such a person applied earlier than the date above, they would not be eligible for ILR on that date, hence their application could be refused. So if you are not eligible on the date of the ILR decision, then this could be problematic.

This is no longer an issue as you are required to apply online now and your application is NOT decided until after your biometrics is enrolled. So the date of application and the date of the decision are no longer on the same day. Given that your lawful residence is calculated on the date of ILR decision, the date of application is no longer that critical anymore and most applicants could continue to accumulate lawful residence until the day UKVI is about to make a decision on their ILR. The date of the ILR decision is therefore the most important date and this date almost always will be AFTER the date of application and the biometrics.

With the above in mind, the note that reminds you that you could be refused if you apply early is not that alarming.

You can learn more here: Applicants can benefit from the date of the ILR decision
Zimba,I hope u r very well and thanks for your help to the forum members.

I need ur advice as i'm confusing about when I can apply for ILR as my second spouse visa extention will end at 10 Nov 2025(5 years route).I tried to understand some subjects in the forum but I couldn't.Thanks in advance.

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Re: Indefinite leave to remain

Post by zimba » Sun Sep 15, 2024 9:57 pm

You need to have your own post for your own queries. I separated your query into its own post, with added context.

So what is specifically confusing to you regarding my explanation above ??
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: Indefinite leave to remain

Post by gentle_man317 » Sun Sep 15, 2024 10:53 pm

zimba wrote:
Sun Sep 15, 2024 9:57 pm
You need to have your own post for your own queries. I separated your query into its own post, with added context.

So what is specifically confusing to you regarding my explanation above ??
Thanks zimba.I confused about 28 days BEFORE OR WITHIN what exactly,.my first arrival to uk was on 12 March 2021 and applied for extention and got it and will expire on 10 Nov 2025.So what is the time i can apply for ILR?

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Re: Indefinite leave to remain family route

Post by zimba » Mon Sep 16, 2024 2:27 am

The earliest date of ILR eligibility is (12 March 2021 + 5 years - 28 days). That is the earliest date on which you can be granted ILR. You may apply on or before that as advised above.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: Indefinite leave to remain family route

Post by gentle_man317 » Tue Sep 17, 2024 1:21 am

zimba wrote:
Mon Sep 16, 2024 2:27 am
The earliest date of ILR eligibility is (12 March 2021 + 5 years - 28 days). That is the earliest date on which you can be granted ILR. You may apply on or before that as advised above.
Many thanks zimba for your answer.So 12 March +5years=12 March 2026 -28 days=12 Feb 2026.Is this correct? and my resident permit will expire on 10 Nov 2025 so i have to apply before my permit will expire?

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Re: Indefinite leave to remain family route

Post by zimba » Tue Sep 17, 2024 1:30 am

Yes
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Re: Indefinite leave to remain family route

Post by gentle_man317 » Tue Sep 17, 2024 1:46 am

zimba wrote:
Tue Sep 17, 2024 1:30 am
Yes
Huge thanks zimba.

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Old Life in the uk test pass certificate

Post by gentle_man317 » Sun Jul 20, 2025 12:21 am

Hello guys,

I've enquiry regarding my Life in the Uk test pass certificate which I've passed in 2011 when I came to the UK as a visitor.But I came to the UK again with Spouse visa and need to apply for settlement late in this year 2025.Can I use this certificate to apply for ILR or I must get a new one?

Many Thanks,

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Re: Old Life in the uk test pass certificate

Post by zimba » Sun Jul 20, 2025 12:37 am

That test has no expiry date
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Re: Old Life in the uk test pass certificate

Post by gentle_man317 » Sun Jul 20, 2025 12:44 am

Thanks zimba for your prompt response.So I dont have to take it again even if I was on a Visitor vosa in 2011?

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Re: Old Life in the uk test pass certificate

Post by gentle_man317 » Sun Jul 20, 2025 12:50 am

Below is from tge gov website:


when you do not need to take the test
You do not need to take the test if you:

are under 18
are 65 or over
have passed it before - for example, if you’re applying to become a citizen and already passed it as part of your settlement application
have a long-term physical or mental condition - you must provide either an exemption form or a letter from a doctor confirming your physical or mental condition

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Re: Old Life in the uk test pass certificate

Post by zimba » Sun Jul 20, 2025 1:31 am

gentle_man317 wrote:
Sun Jul 20, 2025 12:44 am
Thanks zimba for your prompt response.So I dont have to take it again even if I was on a Visitor vosa in 2011?
Correct
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Re: Old Life in the uk test pass certificate

Post by gentle_man317 » Sun Jul 20, 2025 1:46 am

Many thanks Zimba.
Another question as my current visa expiry date is 10 Nov 25 and I will be eligible for ILR from 12 March 2026.So I've to apply for ILR before 10 Nov and I will get temporary permission to stay not ILR and I've to pay for IHS for the given permission.When you advice to apply to only pay for less than 6 months IHS not pay for full year is it on September or October?Sorry about that zimba

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Re: Old Life in the uk test pass certificate

Post by zimba » Sun Jul 20, 2025 2:11 am

What temporary permission ?
You can only extend your current visa, which is granted with a fixed length as per the rules
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Re: Old Life in the uk test pass certificate

Post by gentle_man317 » Sun Jul 20, 2025 2:28 am

I already filled the online ILR application without submitting and I got a message at the top of application that I may get a temporary permission to stay in the UK as I didn't finish the 5 years and I may pay for IHS for this permission.

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Continue working whilst waiting for ILR decision

Post by gentle_man317 » Sun Jul 20, 2025 2:50 am

Hello guys and Thanks for your Awsome support for all.

I've a question regarding continue working whilst waiting for HO ILR decision.What proof should I give to my employer if my visa expired whilst waiting for the decision.

Many thanks.

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Re: Old Life in the uk test pass certificate

Post by zimba » Sun Jul 20, 2025 3:23 pm

gentle_man317 wrote:
Sun Jul 20, 2025 2:28 am
I already filled the online ILR application without submitting and I got a message at the top of application that I may get a temporary permission to stay in the UK as I didn't finish the 5 years and I may pay for IHS for this permission.
I do not know how you got that message but there is no temporary permission offered at all :!:
If you do not have enough time for your ILR, you need to extend your current visa
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Re: Continue working whilst waiting for ILR decision

Post by zimba » Sun Jul 20, 2025 3:24 pm

gentle_man317 wrote:
Sun Jul 20, 2025 2:50 am
Hello guys and Thanks for your Awsome support for all.

I've a question regarding continue working whilst waiting for HO ILR decision.What proof should I give to my employer if my visa expired whilst waiting for the decision.

Many thanks.
Your employer will use the employer checking service: https://www.gov.uk/employee-immigration ... ent-status
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: Continue working whilst waiting for ILR decision

Post by gentle_man317 » Sun Jul 20, 2025 9:27 pm

Many thanks Zimba.This also If I'm self employed for more than a company I work for right?

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Re: Continue working whilst waiting for ILR decision

Post by gentle_man317 » Sun Jul 20, 2025 9:55 pm

Please have a look zimba.This is what written on my application page before submitting:

If you do not qualify for settlement

If you do not meet the requirements for settlement, but appear to meet the requirements to be granted further temporary permission to stay, your settlement application will not be decided. Instead the Home Office will vary your application for settlement so that it becomes an application for temporary permission to stay. You will not be charged an application fee for the application for permission to stay.

You will be contacted and told if this variation process applies to you. Before your application for temporary permission to stay is decided, you must, if requested, pay the immigration health charge for that application, or obtain a fee waiver for the immigration health charge where a fee waiver is available. You will be told how to do this when the Home Office contacts you about the variation.

If you do not pay any required immigration health charge, the application for permission to stay will be rejected as invalid. If that application is rejected as invalid the fee you paid for your settlement application will not be refunded.

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Re: Continue working whilst waiting for ILR decision

Post by zimba » Mon Jul 21, 2025 1:32 am

You have misunderstood that text completely. Temporary here refers to what is known as the 'limited leave to remain' (i.e. a visa extension) that is NOT indefinite (i.e. ILR or indefinite leave to remain). All this says that if you do not qualify for ILR, they will offer you a suitable visa extension. Under the family route, most of the time UKVI can offer a 2.5 year family visa extension under the 10-year route instead, as per the rules. You either extend your visa yourself or they could offer it, if you do not qualify during your ILR application.

Please understand that the length and type of visa that can be offered are based on the immigration rules. No magical short term temporary visa is offered under the rules.
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Re: Continue working whilst waiting for ILR decision

Post by gentle_man317 » Mon Jul 21, 2025 2:10 am

Thanks forthis clear clarification Zimba.So thiatis a general infomation on the application page.I want to tell you that all my requirments for ILR are met except i wiil be in UK 4 years and 6 months as my visa expire on 10 Nov 2025 and I finish the 5 years on march 2026.below more details:
March 2021 first came to uk and tge visa expire on Nov2023
apply for extention very early on march 2023 due to travel abroad
got the extension until 10 Nov 2025.I must send my application before this date.
on /after middle of march 2026 I'm eligible for ILR.

so what do u think the length of the permission to stay the HO will give me I thought it will be 6 months limited leave to finish the 5 years and I've to pay IHS for this 6 months period

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Re: Continue working whilst waiting for ILR decision

Post by zimba » Mon Jul 21, 2025 2:12 am

I already explained in detail what will happen. The length of any extension offer will be fixed, as per the rules under Appendix FM. You cannot request to get a shorter visa. It is not a matter of opinion. You chose to apply early for an extension and effectively prevented yourself from having enough time to apply for ILR. I am afraid, any cost associated with poor planning or mistakes are unavoidable now.
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Re: Continue working whilst waiting for ILR decision

Post by gentle_man317 » Mon Jul 21, 2025 2:41 am

You right zimba about my early application but it was urgent for medical reason.So they will give me extra 2.5 year :roll: and I've to pay for IHS for this period.

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Re: Continue working whilst waiting for ILR decision

Post by gentle_man317 » Mon Jul 21, 2025 6:59 am

Zimba thank you for you suitable and great advices for lot of people I saw in this forum.
And sorry about lot of questions.

I need your consultation about my ILR as I've done that early application for extension which may led me to unpredictable cost problem.
As I will be eligible for ILR after(12 Mar 2021+5 years -28 days)which is 12 Feb 2026
Can I submit my ILR application on 8 or 9 Nov 2025 before my visa expiry on 10 Nov 2025 and then book biometric on 23 Dec 2025 and wait for the decision which hopefully will be after my ILR eligibilty on 12 Feb 26?Is this possible to avoid double costs?

Thanks in advance Zimba.

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