Urgent Help Required-ILR when delay in travel for 3 mon 1 da

Tier 4 wrote:

go2khurram wrote:Hi All,

I would like to thank all of the senior members especially cs95tdg, wpilr_nov12, zahid.ali.anwar and vinny for their support and help. With the help of you I got courage to do this bold step and finally successful. For those who follow this thread and in similar kind of situation , below are my time lines


Application Type: Set(0) Main Applicant + 4 Dependent
(HSMP -2 Years + Tier 1 - 3 Years)

EC Stamp Date: 11th April 2008
UK Entry Date: 12th July 2008
Gap Between Entry Visa Stamp and Entry: 92 days
Tier 1 Visa Expiry Date: 11 April 2013


Application Sent: 4th April 2013 ( More than 3 month before eligibility)
Payment Method: Cheque
Payment Date: 12th April 2013
Ack Letter Dated: 9th April 2013
Ackt Letter Received: 15th April 2013
*Ack Letter said App received for Set(M) while I applied for Set(O)
Biometrics Letter Dated: 24th April 2013
Biometrics Letter Received : 26th April 2013
Biometrics Done : 13th May 2013

Then Looooooooooooooooooooooooooooong wait

Write to MP to expedite application: 18 Oct 2013
Homeoffice receive MP letter : 5th Nov 2013
Application Decision Date : 7th Nov 2013
Documents, Passport and BRP Received: 11 Nov 2013


Any questions ... please let me know as I have no plan to leave this forum

Thanks ,

KK

Thats really great, well done, I am so happy for you.

I am hoping to apply ILR as well on the basis on long residence. I have same situation:

Visa issued: 23rd September 2004
Came: 03rd October 2004
Last visa valid: 23rd August 2014

41 days short from date of entry
31 days short date of entry clearance

41 – 28 = 13
31 – 28 = 3

According to UKBA your 10-year qualifying period starts from either:
• The date when you arrived in the UK with a visa; or
• The date you were given permission to stay in the UK

I was thinking to apply some so-called extension then vary it but due to some successful cases like yours I might take a chance and apply ILR with hope to qualify at the date of decision.

I have one question for you; did you mention this shortfall of days in your covering letter or you just kept it quiet?

Thanks mate,

Regarding your question, yes i explicitly mentioned about the shortfall but also mentioned about the communication I had with the UKBA and attach the email conversation i had with them to support it.

Thanks again and good luck for your application.

Hi All,
I have been following this post (and similar others) for a while now but its the first time posting:
I am in a similar situation (probably worst) as I entered UK after about 118 days of my EC.

Category: Tier-1 General.
Date of EC: 31st January 2009
Entry in UK: 30th May 2009 (Late by 118 days)
First Extension: 9th Feb-2012 till 9th Feb-2014 (gained about 9 days).

Now my current leave to remain expires on teh 9th of Feb-2014, whereas I wont be eligible for the ILR till the 2nd May (28 days before 30th of May-2014).

The idea I got for the forums in that I have two options:

1/ Apply for Tier-1 extension and if letssay it is still not decided by the 2nd May, I can request to 'Vary' teh application.

2/ Apply for ILR by post with the hope that they would process the application late and by that time i would be eligible for ILR.

With Option-1, I can see that the processing time for Tier-1 extension is very quick and some of the recent application have been processed within 4-6 weeks. So I dont believe I will get a chance to vary my application.

With Option-2, the processing time is quicker these days but still about 3 months. so there is still a risk that tehy would process my application before I am eligibel for ILR.

Need some advise here as what to do.. I have my Tier-1 Extension forms ready with all the docs but havenot sent them yet.. Confused basically.. as its about £4K for me and my two dependants..

Also need some advise in case I go for Option-2 and then it gets refused. what options would I have then?

Thanks a lot..

I have been in this situation for a very long time and I can understand your point of view. As you can see in my post that i had applied almost 98 days before my eligibility and finally succeeded. You have a similar situation but no one here will recommend you that which path you follow. Every option have its pros and cons so you have to workout by yourself.

As far as option 2 is concern, you have to keep on eye in the current timelines and work out how much average time they are taking, although are few tactics to pro long your application process but only make few days difference.. like send application on last day of your visa expiry, payment through cheque, and get done the bio metrics on very last day etc etc...

just to clear one thing ... if you send the early application your eligibility date will not be 28 days before the entry.. it is actually when you have completed 5 years ... in your case it would be 30th May

... and the thing which appeals me to choose the option 2 was ... I though about the worst case scenario that if my application will refuse because I am not eligible on the date of decision then I will apply for ILR again ( In person if I am within the 28days before period or postal again if I am still not qualified) .. in the worst case i had to pay ILR fee twice which anyways I have to pay if I go for extension.... But by grace of God I manage to save more than £5,000 and got my approval after 7 months... I asked some of the experts and got same opinion that in case of refusal i will get right of appeal so either i can appeal or reapply


Again i would say it is your call, if you can afford and need peaceful sleeps than you can go for Tier1 in the option 2 there is a calculated risk...

"Sometimes the greatest risk is taking no risk a all"

Thanks a lot go2khurram,
I am mustering up courage to take the plunge. Looking into the recent ILR postal appllications, the processing time is relatively short.. (3 -4 months in general).
Have been looking into the worst case scenario of refusal and appeal. I believe in case of refusal, I will once again have 28 days to either appeal and do a new application.. (depending on teh grounds of refusal).
Are you aware of any instances where there wont be any rights of appeal?

Finally a question on the actual Set (O) form: (I believe you might have filled a slightly different form).
Currently in Section D: we have the following question:
D1. Please confirm whether you have spent a continuous period of 5 years lawfully in the United
Kingdom:
Did you answer it as YES when you filled your application as you applied over 3 months before you were completed teh continuous period?

Thanks again..

Also about some of the delay tactics:
Is it worth missing out one of hte documents... (eg. dependant's Life in the uK certificate) and hope that they ask for it?.. I know its another risk to add to an already risky strategy.. ... but I have seen cases where home office have asked for this kind of documents during their processing..

Hello All,

I am in a same situation as I came after 3 months and few days but my passport was given back to me after a month by (British Embassy) from visa stamp date ...during that time I sent them email to chase it ....I also got the copy of wife form and I clearly mentioned in that about a month delay in terms of getting my passport back ...

so in short after getting first extension I am short of 75 days ...

Do you think I should go to PEO? any chances ? I know that other option on this forum that people advised but I do have some travel plan so wont' prefer "Vary" option and too scare to sit and pray

any advise please?

Hi Friends

My case is pretty much same like others friends.

Can someone experienced and senior can help me in this situation.

Visa Stamp Date:- 15-10-2010 India

Entered in U.K. :-19-01-2011 (after 96 Days of getting Visa)

Applied for Extension :-05-10-2012 London

Visa Stamp Date:- 12-12-2012 (Instead of visa starting from 16-10-2012, i got 57 days extra visa.)

Visa Expiry Date :- 12-12-2015

5 Years completion :-19-01-2016 (as more than 90 days difference)

Now my question is, my visa is expiring 39 days before completion of 5 years. If i am not wrong we Can apply 28 before 5 years. So shall i have to go for extension for (39-28=11) or is there any way by which i can apply for ILR directly.

Kindly consider caveat here that:
1) After april 2015 no extensions will happen.
2) Also there is some deadline for ILR also (2017 i think).

My confusion/risk here is: If i dont apply for extension now as my visa is valid until 12-12-2015, and decide to apply for ILR on, say 10-12-2015 considering posting method will take longer time including paying my cheque etc etc.

Seniors, please guide that by following above approach, ain't my 5 years are on the stake if ILR gets refused(early processed) and with no option of extension in dec 2015 and also I am not aware about the probability of whether I may be able to appeal or not.

If there is any way out than it will be really very helpful, fees is really too much (1 + 2 dependents = 5k)

Please guide.