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Three month early long residence application

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rommy
Junior Member
Posts: 71
Joined: Sat Dec 11, 2010 3:59 pm

Three month early long residence application

Post by rommy » Mon May 27, 2013 3:35 pm

Is it possible to make an application for long residence 3 months earlier (2 months if you take 28 days concession in consideration) and get a positive result? I am sure I have seen on forums people making early application and getting positive results as long they made a solid argument with application.

Also I am not clear by going though guidance that a case worker is going to take date of post for 10 year calculation or the day when the caseworker actually works on the application?

Thanks for your help guys.

sheraz7
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Location: UK

Post by sheraz7 » Mon May 27, 2013 4:03 pm

The earliest an applicant can apply is 28 days before.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

rommy
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Posts: 71
Joined: Sat Dec 11, 2010 3:59 pm

Post by rommy » Thu May 30, 2013 8:36 pm

sheraz7 wrote:The earliest an applicant can apply is 28 days before.
I have been told by my solicitor that we can make an application more than 28 days earlier and he can get it approved. My gap is almost 90 days.

Also can someone confirm how they do calculate 10 year of residence . from the date the application or when the case work consider the case?

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Fri May 31, 2013 12:11 am

Your solicitor may be correct (option 2), contrary to current instructions.
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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Tier 4
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Post by Tier 4 » Fri May 31, 2013 2:40 pm

rommy wrote:
sheraz7 wrote:The earliest an applicant can apply is 28 days before.
I have been told by my solicitor that we can make an application more than 28 days earlier and he can get it approved. My gap is almost 90 days.

Also can someone confirm how they do calculate 10 year of residence . from the date the application or when the case work consider the case?
I would say its a big chance, why won't you pick a safe side and apply extension then vary its grounds to ILR while on 3C leave?
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rommy
Junior Member
Posts: 71
Joined: Sat Dec 11, 2010 3:59 pm

Post by rommy » Sat Jun 01, 2013 12:33 am

Tier 4 wrote:
rommy wrote:
sheraz7 wrote:The earliest an applicant can apply is 28 days before.
I have been told by my solicitor that we can make an application more than 28 days earlier and he can get it approved. My gap is almost 90 days.

Also can someone confirm how they do calculate 10 year of residence . from the date the application or when the case work consider the case?
I would say its a big chance, why won't you pick a safe side and apply extension then vary its grounds to ILR while on 3C leave?
The reason for that is that ukba is going through Tier 1 application really fast and people are getting decisions in 30 to 40 days.

Can anyone please help me to right direction with regards to below link:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

At end of page 40 it says see related link: Early ILR applications. But I cannot seem to find information related to this?

Sep08T1Applicant
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Post by Sep08T1Applicant » Sat Jun 01, 2013 12:29 pm

rommy wrote:
Tier 4 wrote:
rommy wrote:
sheraz7 wrote:The earliest an applicant can apply is 28 days before.
I have been told by my solicitor that we can make an application more than 28 days earlier and he can get it approved. My gap is almost 90 days.

Also can someone confirm how they do calculate 10 year of residence . from the date the application or when the case work consider the case?
I would say its a big chance, why won't you pick a safe side and apply extension then vary its grounds to ILR while on 3C leave?
The reason for that is that ukba is going through Tier 1 application really fast and people are getting decisions in 30 to 40 days.

Can anyone please help me to right direction with regards to below link:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

At end of page 40 it says see related link: Early ILR applications. But I cannot seem to find information related to this?
Yes you are right and I couldn't find it either, the statement written on Page 40 last para:

"This is not a mandatory requirement of paragraph 34 of the Immigration Rules and you must not reject an application as invalid if the applicant submits it more than 28 days before they have completed the relevant qualifying period. For more information on applications for indefinite leave that have been submitted early, see related link: Early ILR applications."

Tier 4
- thin ice -
Posts: 927
Joined: Sat Jan 16, 2010 1:22 pm
Location: N/A
Contact:

Post by Tier 4 » Sun Jun 02, 2013 6:22 pm

Sep08T1Applicant wrote:
rommy wrote:
Tier 4 wrote:
rommy wrote:
I have been told by my solicitor that we can make an application more than 28 days earlier and he can get it approved. My gap is almost 90 days.

Also can someone confirm how they do calculate 10 year of residence . from the date the application or when the case work consider the case?
I would say its a big chance, why won't you pick a safe side and apply extension then vary its grounds to ILR while on 3C leave?
The reason for that is that ukba is going through Tier 1 application really fast and people are getting decisions in 30 to 40 days.

Can anyone please help me to right direction with regards to below link:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

At end of page 40 it says see related link: Early ILR applications. But I cannot seem to find information related to this?
Yes you are right and I couldn't find it either, the statement written on Page 40 last para:

"This is not a mandatory requirement of paragraph 34 of the Immigration Rules and you must not reject an application as invalid if the applicant submits it more than 28 days before they have completed the relevant qualifying period. For more information on applications for indefinite leave that have been submitted early, see related link: Early ILR applications."
I think the guidance on page 2 pretty much says whatever you looking for:

If you entered the UK with a visa several weeks or
more after the date from which it was valid for use, you
may need to apply for an extension of stay to complete
the relevant qualifying period.
Please do not apply more than 28 days before completing
the qualifying period. If you apply earlier than
that, your application may be refused. If that happens,
we will not refund the fee and you will have to pay
again when reapplying.
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