Applying for ILR using premium service one month in advance

Hi all.

I came to the UK on the 14th of October 2010 with a Tier 2 (general) visa which I was issued only five days before coming to the UK. I'm planing to apply for the ILR using the premium service when I complete the five years of residence in October this year. However, a recent employment offer means that it would be best if I could get it sooner.

My question is, if I use the premium service, can I still apply one month before the completion of the 5 year period or does this rule only apply to postal applications?

Also, on a separate note, what is people's experience on the time it takes to receive the new BRP after the premium application appointment?

Thanks!

Yes, You can apply for Premium service 28 days before completion of 5 year period.
You will get the decision on the same day and BRP will be delivered in 3-5 days.

Thanks for the quick reply!

chssvl wrote:Hi all.

I came to the UK on the 14th of October 2010 with a Tier 2 (general) visa which I was issued only five days before coming to the UK. I'm planing to apply for the ILR using the premium service when I complete the five years of residence in October this year. However, a recent employment offer means that it would be best if I could get it sooner.

My question is, if I use the premium service, can I still apply one month before the completion of the 5 year period or does this rule only apply to postal applications?

Also, on a separate note, what is people's experience on the time it takes to receive the new BRP after the premium application appointment?

Thanks!

You can apply on or after 16th September 2015

chssvl wrote:Hi all.

I came to the UK on the 14th of October 2010 with a Tier 2 (general) visa which I was issued only five days before coming to the UK. I'm planing to apply for the ILR using the premium service when I complete the five years of residence in October this year.
Thanks!

Hey you know what, I am so surprised with this fact that I came to UK 52days later after my visa was granted(1st Sep 2010). So I came in the UK on the 23rd October. Which is 9 day later to yours. And because my Visa expires on the 1st Sep 2015 I can apply ILR from 5th Aug 2015.

In short you came to UK before me and I can apply ILR almost like a month before yours. Because late commers have this benefit of initial 90days. Hmm is that something you find interesting?

Cheers,
tot

I think even OP can apply upto 28 days prior to visa start date rather than entry date but you are right, 90 day rule works in advantage of late comers who used most of available 90 days. Interestingly, there used to be an option to request for visa start date to be deferred by up to 90 days from date of first application. I used that clause and asked for visa start date much later. In hindsight, I was better off asking for an immediate start date and could have applied for ILR months before even with same entry date.

Thanks for the replies. Couldn't reply sooner as for some reason I can't access the website from the office.

If I understand correctly, this 90 days rule means that you have 90 days to enter the UK after the visa is issued. Does that mean that the stay is counted from the time that the visa is issued? My visa was actually issued on 06/10/10. Does that mean that the 28 days should be counted before then (i.e. 8th September?)

Thanks again

When was your visa valid from, that is start date of your first grant?

nks wrote:I think even OP can apply upto 28 days prior to visa start date rather than entry date but you are right, 90 day rule works in advantage of late comers who used most of available 90 days. Interestingly, there used to be an option to request for visa start date to be deferred by up to 90 days from date of first application. I used that clause and asked for visa start date much later. In hindsight, I was better off asking for an immediate start date and could have applied for ILR months before even with same entry date.

Having said that, I again looked into calculating continuous period guidelines, which says:

"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, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. "

What is the definition of "entry clearance being issued"? Is this date when application was decided rather than start date on visa?

Hmmm. Well, I don't know when the decision on the entry clearance was made. All I know is that, when I received it, it said that it was valid from 06/10/2010.

Actually, the timings were a bit unclear because at the time I applied I was living in the Netherlands, which didn't have visa processing facilities. This meant that I had to go to the consulate in Amsterdam where they collected everything and then they forwarded everything to the UK Consulate in Düsseldorf in Germany and it was there that it got processed. Then I got everything in the mail with the visa that said valid from 06/10/2010

nks wrote:What is the definition of "entry clearance being issued"? Is this date when application was decided rather than start date on visa?

Its the start date on the visa.

Hmmm. I'm a bit confused now. So does that mean that I can apply 28 days before the anniversary of entry (14 Oct) or the anniversary of issuance of the visa (6 oct)?

Thanks!

As you are applying on the basis of a PBS visa, it is 28 days before date of issue, so 28 days before 6th October 2015.

If you had applied on the basis of 10 years long residence, it would have been 28 days from the date of entry. (This point is intended for future reference).

Thanks! So I guess that would mean that I could apply on the 8th of Sept then. Do you know if there is any reference material (guidelines, laws, etc.) where I can find that detail?

Thanks again

Ah, actually found it! https://www.gov.uk/government/uploads/s ... .0_EXT.pdf Pages 19 and 20 to be precise.

I do have a question though. Are there any issues with the fact that I only started working (i.e. my contract only started) on 18/10/2010?

In the time between the 06/10/2010 (when the visa was issued) and 14/10/2010 I had a valid visa but I wasn't employed. In other words, my absence between the moment the visa was issued and when I started working wasn't part of any holiday entitlement because I wasn't yet employed. Therefore, would this "absence" still be acceptable?

(Not sure if I'm complicating things a bit too much)

Thanks

Hi all.

I'll be applying for ILR in Sept/Oct of this year. In July 2013 I had to renew my Tier 2 visa which meant that I had to take the Pearson English test. This test was then used for the successful application to extend my visa.

Reading the guidance it says that I should be able to use a test older than 2 years old so long as 1. It was used in a previous visa application (OK there) and 2. I can provide a certificate or the results can be checked online (as per https://www.gov.uk/english-language/app ... ifications ). Here's where I'm not sure.

For the Pearson test I never got an "official" certificate. Just a PDF that I could download and the results were sent directly to the UKBA as part of the application. I still have it and can print it out, but not sure if it would be considered as "official". As for checking online, I've checked my Pearson account and there is the register of me taking the test but the results do not seem to be accessible any more, at least not to me. I do know however that there is a separate access for academic institutions and/or the UKBA to check but no idea whether it's still there.

Question is, will a printout of this PDF and reference to the previous application suffice or will I need to take and English test again?

Thanks again

Hi all.

Quick question. A collegue at the office and I are applying around the same time for ILR. Our situation is slightly different but we both have a question about question 6.1 in the set (O) form, i.e.:

"6.1 When did you (the main applicant) first enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based."

This may be a stupid question but is "entry" actual "entry" or the date when the relevant entry clearance was originally issued?

In his case it's a bit murky because he was living in the UK as a student when he got his Tier 2 visa so he never actually entered the contry "at the beginning of the period of stay on which this application is based."

Thanks in advance

For someone who switched, the date should be the effective date of leave granted at the beginning of the qualifying residential period.
For someone who applied for entry clearance, it is the date of entry in to the UK in a visa category that started your qualifying residential period clock for ILR.

Thanks!