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Indefinite Leave to Remain Application

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

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Chikki
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Joined: Thu Feb 20, 2020 3:47 pm
India

Indefinite Leave to Remain Application

Post by Chikki » Thu Feb 20, 2020 3:54 pm

Hello Everyone,

I have been granted ICT Established Staff visa on 23rd July'2010 and I have entered UK on 31st July 2010 and I have been working in the country since then. Since ILR route for ICT holders closed in Apr'2010, I qualify for ILR now on a 10 year route since my first entry clearance was as Established staff. I don't have any breaks in between and since 9 and half years i'm on multiple extensions within the country...

Now my question is when is the latest that I qualify for ILR on 10 year route? if I take 28 days rule do I qualify to apply ILR on 3rd July 2020 or since I came to UK within a week after my initial visa was granted can I apply on 25th June 2020?

Appreciate if someone can clarify the above?
thanks

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CR001
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Re: Indefinite Leave to Remain Application

Post by CR001 » Thu Feb 20, 2020 3:56 pm

You can apply no sooner than within 28 days before the 10th anniversary of the date you ENTERED the UK.

Your initial visa issue date is irrelevant.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Chikki
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Joined: Thu Feb 20, 2020 3:47 pm
India

Re: Indefinite Leave to Remain Application

Post by Chikki » Thu Feb 20, 2020 4:06 pm

CR001 wrote:
Thu Feb 20, 2020 3:56 pm
You can apply no sooner than within 28 days before the 10th anniversary of the date you ENTERED the UK.

Your initial visa issue date is irrelevant.
thank you however I read on the HO guidance that any entry before 3 months from the initial grant will be considered as an allowable absence and I can apply ILR from the date the initial visa was granted.

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CR001
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Posts: 86826
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: Indefinite Leave to Remain Application

Post by CR001 » Thu Feb 20, 2020 4:19 pm

Chikki wrote:
Thu Feb 20, 2020 4:06 pm
CR001 wrote:
Thu Feb 20, 2020 3:56 pm
You can apply no sooner than within 28 days before the 10th anniversary of the date you ENTERED the UK.

Your initial visa issue date is irrelevant.
thank you however I read on the HO guidance that any entry before 3 months from the initial grant will be considered as an allowable absence and I can apply ILR from the date the initial visa was granted.
You are reading the wrong guidance. The Calculating Continuous Residence guidance, which is presumably the one you are reading, is for ILR based on 5 years residence for certain visa categories only.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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