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A Very Silly question; what is the Date of Decision?

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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

a85
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I have been advised by an immigration solicitor different from what I have read in this forum!

Post by a85 » Thu Aug 27, 2020 11:39 am

Hi,

Sorry I have faced a confusing situation and I do not know what to do.

I entered UK, on the first day of the entry clearance, which was29/11/2015, so I was planning to apply 28 days earlier (01/11/2020) for ILR as I have read this a lot on this forum.

However, I discussed this with an immigration solicitor and she said 28 days early application only applies to the candidates who their visa is about to expire. And as my visa expires Next year (14/09/2021), I am not eligible for that and I must apply any date after on or after 30/11/2020.!

Does this true? But I have not seen this anywhere including in this forums!

I would appreciate if someone can advise me as I need to apply for ILR as soon as possible.

a85
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Declaring Police arrest (no charge) in ILR application

Post by a85 » Thu Aug 27, 2020 11:45 am

Hi,

I am on Tier 2 visa, and I am going to apply for ILR soon based on 5 continuous years living in UK .

I have not been in any court, but once I have been arrested by UK Police for domestic violence. I was in custody for 24hr where all my information including finger print and DNA was recorded.Then they put me on pre-charge bail for two week, and after two weeks I returned to the police station, and they gave me No Further Action letter (NFA). Therefore, no charge, no trial and no conviction.

Do I need to declare this in my ILR application form? If so, in which part?

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Re: I have been advised by an immigration solicitor different from what I have read in this forum!

Post by seagul » Thu Aug 27, 2020 2:03 pm

a85 wrote:
Thu Aug 27, 2020 11:39 am
Hi,

Sorry I have faced a confusing situation and I do not know what to do.

I entered UK, on the first day of the entry clearance, which was29/11/2015, so I was planning to apply 28 days earlier (01/11/2020) for ILR as I have read this a lot on this forum.

However, I discussed this with an immigration solicitor and she said 28 days early application only applies to the candidates who their visa is about to expire. And as my visa expires Next year (14/09/2021), I am not eligible for that and I must apply any date after on or after 30/11/2020.!

Does this true? But I have not seen this anywhere including in this forums!

I would appreciate if someone can advise me as I need to apply for ILR as soon as possible.
Solicitor is wrong as usual who probably making your case to appear more complicated. Several hands on experiences can be found here and shown to her/him.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

a85
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Re: I have been advised by an immigration solicitor different from what I have read in this forum!

Post by a85 » Thu Aug 27, 2020 2:10 pm

seagul wrote:
Thu Aug 27, 2020 2:03 pm
a85 wrote:
Thu Aug 27, 2020 11:39 am
Hi,

Sorry I have faced a confusing situation and I do not know what to do.

I entered UK, on the first day of the entry clearance, which was29/11/2015, so I was planning to apply 28 days earlier (01/11/2020) for ILR as I have read this a lot on this forum.

However, I discussed this with an immigration solicitor and she said 28 days early application only applies to the candidates who their visa is about to expire. And as my visa expires Next year (14/09/2021), I am not eligible for that and I must apply any date after on or after 30/11/2020.!

Does this true? But I have not seen this anywhere including in this forums!

I would appreciate if someone can advise me as I need to apply for ILR as soon as possible.
Solicitor is wrong as usual who probably making your case to appear more complicated. Several hands on experiences can be found here and shown to her/him.
Thanks for the reply. So what would be the earliest day I can apply?

teddybear79
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Re: I have been advised by an immigration solicitor different from what I have read in this forum!

Post by teddybear79 » Thu Aug 27, 2020 2:11 pm

I applied on 5 years - 28 days last year on t1 ent . approved without any issues ;-)

a85
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Re: I have been advised by an immigration solicitor different from what I have read in this forum!

Post by a85 » Thu Aug 27, 2020 2:14 pm

teddybear79 wrote:
Thu Aug 27, 2020 2:11 pm
I applied on 5 years - 28 days last year on t1 ent . approved without any issues ;-)
So, would you please share with me your dates as an example?

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Re: Declaring Police arrest (no charge) in ILR application

Post by Zimba » Thu Aug 27, 2020 4:02 pm

a85 wrote:
Thu Aug 27, 2020 11:45 am
Hi,

I am on Tier 2 visa, and I am going to apply for ILR soon based on 5 continuous years living in UK .

I have not been in any court, but once I have been arrested by UK Police for domestic violence. I was in custody for 24hr where all my information including finger print and DNA was recorded.Then they put me on pre-charge bail for two week, and after two weeks I returned to the police station, and they gave me No Further Action letter (NFA). Therefore, no charge, no trial and no conviction.

Do I need to declare this in my ILR application form? If so, in which part?
NO. You need to understand what affects ILR : https://www.immigrationboards.com/indef ... l#p1927980
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

a85
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Very Weird Situation regarding English Life Skills B1.

Post by a85 » Fri Aug 28, 2020 9:33 am

I faced a weird situation regarding my English certificate.

I just passed IELTS Life Skills B1 Exam at Cardiff Test centre Taken on Aug 22nd booked via IELTS.ORG. I received the certificate and it has the UKVI number in it and it seems legitimate and perfect.

However, today I checked the approved test centre in the UK issued this month, and the IELTS Selt Consortium at Cardiff Test Centre (GBS08) is not in the list any more

https://www.gov.uk/government/publicati ... uage-tests

Can I still use it for ILR Application? If not, so why the IELTS organisation take the exam while its only purpose is UKVI!

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Re: Very Weird Situation regarding English Life Skills B1.

Post by AmazonianX » Fri Aug 28, 2020 11:15 am

a85 wrote:
Fri Aug 28, 2020 9:33 am
I faced a weird situation regarding my English certificate.

I just passed IELTS Life Skills B1 Exam at Cardiff Test centre Taken on Aug 22nd booked via IELTS.ORG. I received the certificate and it has the UKVI number in it and it seems legitimate and perfect.

However, today I checked the approved test centre in the UK issued this month, and the IELTS Selt Consortium at Cardiff Test Centre (GBS08) is not in the list any more

https://www.gov.uk/government/publicati ... uage-tests

Can I still use it for ILR Application? If no more on the list as of date when cert is issued, will think not use. If not, so why the IELTS organisation take the exam while its only purpose is UKVI! Was it still on list when you booked? you may want to ask the exam provider as answer may not be possible on here.

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seagul
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Re: Very Weird Situation regarding English Life Skills B1.

Post by seagul » Fri Aug 28, 2020 2:09 pm

a85 wrote:
Fri Aug 28, 2020 9:33 am
I faced a weird situation regarding my English certificate.

I just passed IELTS Life Skills B1 Exam at Cardiff Test centre Taken on Aug 22nd booked via IELTS.ORG. I received the certificate and it has the UKVI number in it and it seems legitimate and perfect.

However, today I checked the approved test centre in the UK issued this month, and the IELTS Selt Consortium at Cardiff Test Centre (GBS08) is not in the list any more

https://www.gov.uk/government/publicati ... uage-tests

Can I still use it for ILR Application? If not, so why the IELTS organisation take the exam while its only purpose is UKVI!
It may reappear again as the list is very frequently changing/amending.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

a85
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The easiest guide regarding the date of ILR application

Post by a85 » Sun Aug 30, 2020 8:40 pm

When it comes to the date of ILR application, it seems many have confusions. So, I decided to post this easy and handy guide. I am sure it would avoid many unnecessary posts in this forum.
Based on your route, simply meet ALL the following 3 criteria:

1. You must apply before the expiry date of your current BRP.

2. You can apply as soon as 28 days before your ILR eligibility date (in most cases, If you came from abroad; it’s the day you entered the UK, and If you were in the UK, it is the issue date of your first BRP which you are trying to apply based on that route)

3. If you applied before your eligibility date, which could not be more than 28 days in advance as mentioned above, MAKE SURE you attend the Biometrics Appointment and/or send the documents after the eligibility date. (Because, at the time of decision you HAVE TO BE eligible.)

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seagul
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Re: The easiest guide regarding the date of ILR application

Post by seagul » Sun Aug 30, 2020 8:51 pm

a85 wrote:
Sun Aug 30, 2020 8:40 pm


2. You can apply as soon as 28 days before your ILR eligibility date (in most cases, If you came from abroad; it’s the day you entered the UK, and If you were in the UK, it is the issue date of your first BRP which you are trying to apply based on that route)

Above widely applies to entry clearance under family route only in comparison to entry clearance issued under PBS such as tier 2 which counts the time towards ILR from the date of issuance even from abroad.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

vinny
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Re: The easiest guide regarding the date of ILR application

Post by vinny » Mon Aug 31, 2020 3:05 am

Indefinite leave to remain: calculating continuous period in UK


....

Categories covered by this guidance
This section tells you which categories of leave are covered by this guidance. The following categories are covered by this guidance:
• representative of an overseas business (paragraph 150 of the Immigration Rules)
UK ancestry (paragraph 192)
• retired person of independent means (paragraph 269)
• domestic workers in private households (paragraph 159G)
• the following sub-categories of the points-based system:
o Tier 2 (General) (paragraph 245HF)
o Tier 2 (Sportsperson) (paragraph 245HF)
o Tier 2 (Minister of religion) (paragraph 245HG)
o Tier 5 (International agreement) – private servants in diplomatic households granted entry under rules in place before 6 April 2012 only (paragraph 245ZS)
• PBS dependent partners (paragraph 319E) and PBS dependent children (paragraph 319J)
• Appendix W partners (paragraph 319E) and Appendix W children (paragraph 319J)

It covers the following routes which allow accelerated settlement:
• Innovator (Appendix W)
• Global Talent (Appendix W)
• Tier 1 (Entrepreneur) (paragraph 245DF)
• Tier 1 (Investor) (paragraph 245EF)
• Tier 1 (Exceptional talent) (paragraph 245BF)
....

Period between the issue of entry clearance and entering the UK
The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the continuous 12-month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry.

If the delay is more than 180 days, you can only include time after the applicant entered the UK in the continuous period calculation.
....

Calculating the specified continuous period
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

UK Ancestry applicants have different requirements covering application dates, see: UK Ancestry.
....
Categories not covered should use the Initial date of entry under the relevant category as the start date of the qualifying period.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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srivastavasumit
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Re: The easiest guide regarding the date of ILR application

Post by srivastavasumit » Wed Sep 02, 2020 4:12 pm

a85 wrote:
Sun Aug 30, 2020 8:40 pm
When it comes to the date of ILR application, it seems many have confusions. So, I decided to post this easy and handy guide. I am sure it would avoid many unnecessary posts in this forum.
Based on your route, simply meet ALL the following 3 criteria:

1. You must apply before the expiry date of your current BRP.

2. You can apply as soon as 28 days before your ILR eligibility date (in most cases, If you came from abroad; it’s the day you entered the UK, and If you were in the UK, it is the issue date of your first BRP which you are trying to apply based on that route)

3. If you applied before your eligibility date, which could not be more than 28 days in advance as mentioned above, MAKE SURE you attend the Biometrics Appointment and/or send the documents after the eligibility date. (Because, at the time of decision you HAVE TO BE eligible.)
Hi Point number 3 is very interesting, has anyone in the forum done this ? Application submission 28 days before 5th anniversary and followed by bio-metric within the last 28 days ?

This will help me plan. Thanks in advance.

SSX

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CR001
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Re: The easiest guide regarding the date of ILR application

Post by CR001 » Wed Sep 02, 2020 4:36 pm

srivastavasumit wrote:
Wed Sep 02, 2020 4:12 pm
a85 wrote:
Sun Aug 30, 2020 8:40 pm
When it comes to the date of ILR application, it seems many have confusions. So, I decided to post this easy and handy guide. I am sure it would avoid many unnecessary posts in this forum.
Based on your route, simply meet ALL the following 3 criteria:

1. You must apply before the expiry date of your current BRP.

2. You can apply as soon as 28 days before your ILR eligibility date (in most cases, If you came from abroad; it’s the day you entered the UK, and If you were in the UK, it is the issue date of your first BRP which you are trying to apply based on that route)

3. If you applied before your eligibility date, which could not be more than 28 days in advance as mentioned above, MAKE SURE you attend the Biometrics Appointment and/or send the documents after the eligibility date. (Because, at the time of decision you HAVE TO BE eligible.)
Hi Point number 3 is very interesting, has anyone in the forum done this ? Application submission 28 days before 5th anniversary and followed by bio-metric within the last 28 days ?

This will help me plan. Thanks in advance.

SSX
Please start your own topic or post in n one you already have instead of tagging onto other users threads.
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Re: The easiest guide regarding the date of ILR application

Post by sa4646 » Mon Sep 07, 2020 9:27 pm

I think anyone who is not a British citizen should be very careful about getting arrested or being suspected of a crime. There are currently harsh rules (Google Nexus Foreign National Offenders) for deporting foreign nationals who get arrested or suspected of some crimes. This means if someone falsely alleges that a foreign national has committed a crime, that might be enough to get them arrested and maybe even deported.

a85
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A Very Silly question; what is the Date of Decision?

Post by a85 » Sat Nov 07, 2020 11:37 am

Sorry people, if this question sounds so silly for you as I could not find it on any page. (so it means it has been obvious to all others)

I am Tier 2 and I have made my application within 28 days of my qualifying period and I have made the biometrics appointment after my qualifying period to make sure at the time of decision I am qualified.
Looking at the UKVCAS, I am able to send my uploaded documents, before the biometrics appointments. Does this cause the date of decision before my biometrics date i. e. my qualifying period?

Should I submit my documents now or not?

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Re: A Very Silly question; what is the Date of Decision?

Post by CULLINAN » Sat Nov 07, 2020 11:57 am

I am Tier 2 and I have made my application within 28 days of my qualifying period
I am assuming you made an application in time when you are eligible i.e. 5 years minus 28 days from the first visa issue date?
As long you made an application when you are eligible, biometrics date/documents upload date/self-submission date is irrelevant.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None. 🇵🇰 🇬🇧

a85
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Re: A Very Silly question; what is the Date of Decision?

Post by a85 » Sat Nov 07, 2020 12:15 pm

CULLINAN wrote:
Sat Nov 07, 2020 11:57 am
I am Tier 2 and I have made my application within 28 days of my qualifying period
I am assuming you made an application in time when you are eligible i.e. 5 years minus 28 days from the first visa issue date?
As long you made an application when you are eligible, biometrics date/documents upload date/self-submission date is irrelevant.


Yes. I did my application within 28 days perior physically entered uk 5 years ago, and I my UKVAS appointment is after the date I entered UK.

So, can I proceed to submitt my documents?


So you mean to be elegible for ILR, I need

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Re: A Very Silly question; what is the Date of Decision?

Post by CULLINAN » Sat Nov 07, 2020 12:30 pm

There is no requirement to book biometrics after the concession period ends. As long you are eligible and applied within the concession period, you can book biometrics anytime after submission of application. Also, documents self-submission date is irrelevant.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None. 🇵🇰 🇬🇧

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