Page 9 of Indefinite leave to remain: calculating continuous period in UK, Version 17.0.michali wrote: ↑Thu Jan 03, 2019 10:28 pmDo you have a link for that please? I don't understand. Are you saying that applications for SET(M) cannot be submitted 28 days before the 5 year anniversary to qualify?bibi2 wrote: ↑Thu Jan 03, 2019 8:08 pmoldmankensey wrote: ↑Thu Jan 03, 2019 6:13 pmwow again, something happened today
Online submission: 12/11/18
Wife eligible to apply from 28/11/18 (5 yrs from entry to UK minus 28 days)
Premium appointment: Mark Lane, London 30/11/18
Email confirming ILR granted: 01/01/19
I think the logjam might finally be clearing, I was one of the November ones, we might get few more now that the neverending holiday season is over.
hang in there everyone
Unlike the SET (LR) applications that caseworkers can grant ILR if they consider the applicatiin 28 days before qualifying date, SET (M) Guidance only allows caseworkers to add 28 days to the date of submission, and not the date of decision (read the 3 situations in the Guidance).
They had held the apication until the actual qualifying date.
'Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application'
As you can see, caseworkers cannot add 28 to the date of decision. So they either ignore this and grant ILR, or keep the application for further 28 days and then grant ILR.
I don't want to defend HO staff but some have submitted too early could be rejected but caseworker are doing them a favoud (very rare case).
The case is totally different for SET LR. The Guidance for these applications refers to 28 days from the date of decision (which is obviously after biometric enrolment).
I submitted an application for a client in early December but later realised the risk of refusal and loss of £3000 so I have postpond his appointment to mid-Jan.