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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.

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Natdali1311
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Ilr qualifying period

Post by Natdali1311 » Sun Sep 16, 2018 12:42 am

Hi
I will be applying for ILR soon im just confused from when to count the 5 years period.is it from when i got my first visa 26.09.13 or when i entered the uk 06.11.13 or go by the date in my biometric residency which is 26.12.18.
Thank you so much for your help and time.

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CR001
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Re: Ilr qualifying period

Post by CR001 » Sun Sep 16, 2018 10:23 am

It would be useful to state what visa category you hold as different visas have different rules on when the 5 years start :idea: :idea:
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Natdali1311
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Re: Ilr qualifying period

Post by Natdali1311 » Sun Sep 16, 2018 4:02 pm

Thank u so much for your reply, its a spouse visa.
Thank you

Natdali1311
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Re: Ilr qualifying period

Post by Natdali1311 » Sun Sep 16, 2018 4:03 pm

The 5 years route

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Re: Ilr qualifying period

Post by CR001 » Sun Sep 16, 2018 5:05 pm

Is it spouse of British citizen visa or a PBS route (t ier 1 or Tier 2) spouse visa?? They have different requirements on when residency starts and are all 5 year route visas.
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Natdali1311
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Re: Ilr qualifying period

Post by Natdali1311 » Sun Sep 16, 2018 5:34 pm

Thank you so much for your time and help CR001.its a visa of British citizen spouse.
I got my first visa on the issue date 26.09.13 and expiry date 26.06.16 I entered the uk on the 06.11.2013 and then i did the extension and I have my biometric residency card and it say issue date 26.06.16 and expiry date 26.12.18 I hope that will help.
Thank u so much for your time and help

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Re: Ilr qualifying period

Post by CR001 » Sun Sep 16, 2018 5:38 pm

Your residence period starts from the date you ENTERED the UK (06/11/2013) and you can apply no sooner than within 28 days before the 5th anniversary of that date.
Char (CR001 not Casa)
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Natdali1311
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Re: Ilr qualifying period

Post by Natdali1311 » Sun Sep 16, 2018 6:01 pm

Thank you so much CR001 so I can apply anytime after for example the 9 of October 2018.
My first visa say VISA SPOUSE/CP - cp/spouse of XYZ ,so that's a visa spouse of British citizen is that right?
I spoked to an immigration lawyer and he said to me apply 28 days before the expiry date in ur biometric residency card which is 26.12.18 ,he said to apply 28 days before that date but was not convinced with what he said.

Natdali1311
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Re: Ilr qualifying period

Post by Natdali1311 » Sun Sep 16, 2018 6:08 pm

I'm really sorry for asking u so many questions I have been trying to book an appointment at the premium service but for some reason its showing no availability in all Centers all over the UK for the next 45 working days,they can't be that busy .do u know anything about it please

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Re: Ilr qualifying period

Post by CR001 » Sun Sep 16, 2018 6:58 pm

My advice about when you can apply i.e. 28 days before your 5th anniversary of entering the UK still stands.

You just have to keep trying to find an appointment. There are difficulties being experienced at the moment.
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Natdali1311
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Re: Ilr qualifying period

Post by Natdali1311 » Sun Sep 16, 2018 7:08 pm

Thank you so much for your time and help

Natdali1311
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Which category please

Post by Natdali1311 » Tue Sep 18, 2018 2:47 pm

Hi
Can someone please help me answering few questions please.

I will be applying for ILR in November,I have been working with the same employer for nearly 2 years now, since I started working i have been in partime job and my annual wage was 12217 this is including my 17.5% shift allowance which I do get all the time.
Last August I have been offered a full time contract and my wage changed to 21000 a year this is including my 17.5% shift allowance, as I said I will be applying in November and I know i have to provide the last 6 months Payslips, so May june and July Payslip will show my old wage which is 1070 pound a month before tax and then August,September and October Payslips will show my new wage which is about 1751 pound per month befor tax. I am confused under which category i need to apply ? Is it category A or Category B ? If anyone can help me.
I know i need to prove that I have been making equal or above the financial requirements for the past 6 month prior to the application, that's why i have been doing a lot of overtime and my wage been over 1900 pound after tax every month except for the month of May where I only got payed 1070 pound as I didn't do any overtime due to family emergency and had to travel.
I know the case worker will take the lowest figure in the last 6 months which will be the 1070 pound and will calculate 1070×6=6420÷6=1070 x12= 12840 and he will say that I'm short by 5760,but if i add to it my overtime pay which is 8790 pound ( you may ask me how did I get this figure,which is what i got payed overtime every month,I did the total of it and I divied it by 6 and multiple it by 12) that's how I got that 8790 figure.
So if i add my salary over the last 6 months which is 6420 pound based on the lowest months pay which is 1070 in May and I add to it my overtime for the past 6 month which is 8790 the total will show 21630 so I meet the financial requirements.

Please can you tell me is category A is the right category i should apply under?
Is my calculations for my wage and overtime is right please.

Please if someone can help me understand.

Thank you so much for your time and help

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Re: Which category please

Post by CR001 » Tue Sep 18, 2018 2:55 pm

Char (CR001 not Casa)
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Re: Which category please

Post by CR001 » Tue Sep 18, 2018 2:57 pm

Does your spouse work??
Char (CR001 not Casa)
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Natdali1311
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Re: Which category please

Post by Natdali1311 » Tue Sep 18, 2018 3:04 pm

It's a bit complicated thats why i just want to put my self ,because my wife for the past 3 years been student nurse and in the same time she is been working in a zero hours contract making between 500 and 800 pound a month and she just qualified now and she start her nursing job on the 15 of October.
Thank you so much CR001

Natdali1311
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Re: Which category please

Post by Natdali1311 » Tue Sep 18, 2018 3:15 pm

If u can please help me answer these questions,honestly been to diffrent imagration lawyer and I got 3 diffrent answers and that made me confused

Natdali1311
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Re: Which category please

Post by Natdali1311 » Tue Sep 18, 2018 7:21 pm

Can someone help me please

Natdali1311
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Re: Which category please

Post by Natdali1311 » Tue Sep 18, 2018 7:21 pm

CR001 wrote:
Tue Sep 18, 2018 2:57 pm
Does your spouse work??
Can you help me please

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Re: Which category please

Post by bluebird12 » Tue Sep 18, 2018 11:31 pm

If you add your wife monthly income in your monthly income and it must be £1550 or above every month then it should be fine

Natdali1311
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Re: Which category please

Post by Natdali1311 » Wed Sep 19, 2018 3:19 pm

bluebird12 wrote:
Tue Sep 18, 2018 11:31 pm
If you add your wife monthly income in your monthly income and it must be £1550 or above every month then it should be fine
Thank you so much but my wife will start her new job on the 15 of October, and like that she will fall under category B not with the same employer for 6 month and I thought category A and B can not be combined

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