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Date of Application of ILR

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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zimba
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Re: Date of Application of ILR

Post by zimba » Mon Jul 02, 2018 4:24 pm

The page on premium booking says:
You are not making an application. This online service is only for booking your premium appointment.
You have not made an application until you have completed a paper form and attended your appointment at a premium service centre.
So you cannot apply online and go to a PSC. You need to fill the form and take it with you to the PSC which means your application date will be the date of your appointment.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ckkk123
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Re: Date of Application of ILR

Post by ckkk123 » Mon Jul 02, 2018 6:08 pm

Zimba wrote:
Mon Jul 02, 2018 4:24 pm
The page on premium booking says:
You are not making an application. This online service is only for booking your premium appointment.
You have not made an application until you have completed a paper form and attended your appointment at a premium service centre.
So you cannot apply online and go to a PSC. You need to fill the form and take it with you to the PSC which means your application date will be the date of your appointment.
Thank you Zimba.
https://visas-immigration.service.gov.uk/product/set-o
Above link is the new ilr online application system i mentioned. This system allows me to fill in and submit an online application form and also book an PCS appointment to submit all docs at least 45 days later. In this case, i am not sure which date should follow the 28 day rule. Do you know about this?

Thank you
K

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marcnath
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Re: Date of Application of ILR

Post by marcnath » Mon Jul 02, 2018 6:18 pm

ckkk123 wrote:
Mon Jul 02, 2018 6:08 pm
Zimba wrote:
Mon Jul 02, 2018 4:24 pm
The page on premium booking says:
You are not making an application. This online service is only for booking your premium appointment.
You have not made an application until you have completed a paper form and attended your appointment at a premium service centre.
So you cannot apply online and go to a PSC. You need to fill the form and take it with you to the PSC which means your application date will be the date of your appointment.
Thank you Zimba.
https://visas-immigration.service.gov.uk/product/set-o
Above link is the new ilr online application system i mentioned. This system allows me to fill in and submit an online application form and also book an PCS appointment to submit all docs at least 45 days later. In this case, i am not sure which date should follow the 28 day rule. Do you know about this?

Thank you
K
It would still be the PSC appointment date. You can fill in the form online 45 days before the appointment date, which should be within 28 days of your eligibility.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

ntt05r
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Re: Date of Application of ILR

Post by ntt05r » Mon Jul 02, 2018 10:16 pm

Just a thought... if the PSC availibility is very limited, can we not make the appointment booking first (so that we get the date we know for sure will qualify) then submit the online application?

Or it has to be online application submitted first then book the appointment?

bluebird12
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Re: Date of Application of ILR

Post by bluebird12 » Tue Jul 03, 2018 12:54 am

First online application have to be submitted after paying fee and last steps are to book PSC appointment or send by post...

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CR001
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Re: Date of Application of ILR

Post by CR001 » Tue Jul 03, 2018 6:30 am

ntt05r wrote:
Mon Jul 02, 2018 10:16 pm
Just a thought... if the PSC availibility is very limited, can we not make the appointment booking first (so that we get the date we know for sure will qualify) then submit the online application?

Or it has to be online application submitted first then book the appointment?
You can book a premium appointment only in its own without filling and submitting the ILR form. You will just not be able to the online ILR form and will have to use the paper one.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

ckkk123
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Re: Date of Application of ILR

Post by ckkk123 » Tue Jul 03, 2018 7:30 am

marcnath wrote:
Mon Jul 02, 2018 6:18 pm
ckkk123 wrote:
Mon Jul 02, 2018 6:08 pm
Zimba wrote:
Mon Jul 02, 2018 4:24 pm
The page on premium booking says:
You are not making an application. This online service is only for booking your premium appointment.
You have not made an application until you have completed a paper form and attended your appointment at a premium service centre.
So you cannot apply online and go to a PSC. You need to fill the form and take it with you to the PSC which means your application date will be the date of your appointment.
Thank you Zimba.
https://visas-immigration.service.gov.uk/product/set-o
Above link is the new ilr online application system i mentioned. This system allows me to fill in and submit an online application form and also book an PCS appointment to submit all docs at least 45 days later. In this case, i am not sure which date should follow the 28 day rule. Do you know about this?

Thank you
K
It would still be the PSC appointment date. You can fill in the form online 45 days before the appointment date, which should be within 28 days of your eligibility.
Thank you dear moderator for the reply! This is such a huge relief to me, I was worried sick about this date confusion.

harps9191
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Re: Date of Application of ILR

Post by harps9191 » Tue Jul 03, 2018 9:41 am

ckkk123 wrote:
Tue Jul 03, 2018 7:30 am
marcnath wrote:
Mon Jul 02, 2018 6:18 pm
ckkk123 wrote:
Mon Jul 02, 2018 6:08 pm
Zimba wrote:
Mon Jul 02, 2018 4:24 pm
The page on premium booking says:



So you cannot apply online and go to a PSC. You need to fill the form and take it with you to the PSC which means your application date will be the date of your appointment.
Thank you Zimba.
https://visas-immigration.service.gov.uk/product/set-o
Above link is the new ilr online application system i mentioned. This system allows me to fill in and submit an online application form and also book an PCS appointment to submit all docs at least 45 days later. In this case, i am not sure which date should follow the 28 day rule. Do you know about this?

Thank you
K
It would still be the PSC appointment date. You can fill in the form online 45 days before the appointment date, which should be within 28 days of your eligibility.
Thank you dear moderator for the reply! This is such a huge relief to me, I was worried sick about this date confusion.
Hi,

Where does it say the 45 days bit? i am in a similar situation to you. thanks

ckkk123
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Re: Date of Application of ILR

Post by ckkk123 » Tue Jul 03, 2018 3:50 pm

harps9191 wrote:
Tue Jul 03, 2018 9:41 am
ckkk123 wrote:
Tue Jul 03, 2018 7:30 am
marcnath wrote:
Mon Jul 02, 2018 6:18 pm
ckkk123 wrote:
Mon Jul 02, 2018 6:08 pm


Thank you Zimba.
https://visas-immigration.service.gov.uk/product/set-o
Above link is the new ilr online application system i mentioned. This system allows me to fill in and submit an online application form and also book an PCS appointment to submit all docs at least 45 days later. In this case, i am not sure which date should follow the 28 day rule. Do you know about this?

Thank you
K
It would still be the PSC appointment date. You can fill in the form online 45 days before the appointment date, which should be within 28 days of your eligibility.
Thank you dear moderator for the reply! This is such a huge relief to me, I was worried sick about this date confusion.
Hi,

Where does it say the 45 days bit? i am in a similar situation to you. thanks
The earliest available PSC appointment slot you can book after submitting the online application form is 45 days from now.

bluebird12
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Re: Date of Application of ILR

Post by bluebird12 » Tue Jul 03, 2018 8:33 pm

It says book PSC appointment within 45 business days after online application submition but sometimes people cancel appointments and if you are lucky you could get appointment next day after submitting your online application...

Ukguy18
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Re: Date of Application of ILR

Post by Ukguy18 » Wed Jul 04, 2018 7:12 am

farismoh2005 wrote:
Fri Jun 22, 2018 7:21 pm
bluebird12 wrote:
Sun Jun 10, 2018 3:09 pm
If you fill paper application form and take to your PSC appointment, then PSC appointment date is the date of application.

If you fill the Full application form online( not only book PSC appointment online ) and submit online application and go for PSC appointment then Online application submitted date is the date of application which must be within 28 days of completing 5 years residency on Spouse LTR.
Hi, I have submitted the online application and booked my premium appointment, I released the application date written on the form is the date I have submitted the online form, however this before the 28 days qualifing period, but my Premium appointment is after, What should I do.

My appointment on 3 August
Application date on the online form 21/06
28 days qualifying period start on 2 August

Please help
Hi farismoh2005

I am also in similar situation. So what have you decided to do with ur application? Are u cancelling 3 aug appointment and apply again with paper application on new appointment date or leave it as it is?

Thanks

ckkk123
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Re: Date of Application of ILR

Post by ckkk123 » Wed Jul 04, 2018 8:30 am

Ukguy18 wrote:
Wed Jul 04, 2018 7:12 am
farismoh2005 wrote:
Fri Jun 22, 2018 7:21 pm
bluebird12 wrote:
Sun Jun 10, 2018 3:09 pm
If you fill paper application form and take to your PSC appointment, then PSC appointment date is the date of application.

If you fill the Full application form online( not only book PSC appointment online ) and submit online application and go for PSC appointment then Online application submitted date is the date of application which must be within 28 days of completing 5 years residency on Spouse LTR.
Hi, I have submitted the online application and booked my premium appointment, I released the application date written on the form is the date I have submitted the online form, however this before the 28 days qualifing period, but my Premium appointment is after, What should I do.

My appointment on 3 August
Application date on the online form 21/06
28 days qualifying period start on 2 August

Please help
Hi farismoh2005

I am also in similar situation. So what have you decided to do with ur application? Are u cancelling 3 aug appointment and apply again with paper application on new appointment date or leave it as it is?

Thanks
you can refer to the responses from moderator above. Also, have you tried calling the Home Office hotline to check with advisers?

sparkyram
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Re: Date of Application of ILR

Post by sparkyram » Wed Jul 04, 2018 8:57 am

Guys,

Irrespective of appointment date based on SET O paper form or online SET O form submission date, the below guideline should still save us rite. Date of decision is the date we appear on PSC. in that case we attained our ILR Qualified period based on below guidelines right ? "the date of decision" can also be considered for the ILR qualifying date.

Based on this guideline present in "calculating continuous period" pdf:
--------
"
Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application
"
Even Though the date of the application is the date we submit the online application, the above rule says that the 28 period can be also on the date of decision.

In our case the "date of decision" is the date we appear in person at PSC centre. so logically on that date we would have qualified for our ILR.

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marcnath
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Re: Date of Application of ILR

Post by marcnath » Wed Jul 04, 2018 11:13 am

This seems to be an interesting discussion on a rather irrelevant subject.

I do hope people realise that the dates are the earliest date that you can apply for ILR, not the latest date.

So, if you are worried about the dates, you can start the application process the day you complete 5 years, 6 months later or years later - no one is forcing applicants to apply exactly 28 days before.

Having said that, there are couple of points.

1. The guideline says:
Please do not apply more than 28 days before completing the qualifying period. If you apply earlier than that, your application may be refused.
Clause 34 of the immigration rules DO NOT specify the 28 days. That is only a guideline. Hence the "may". It is not an automatic refusal.
2. 245AAA(d) says:

(d) The continuous period will be considered as ending on whichever of the following dates is most beneficial to the applicant:
(i) the date of application;
(ii) the date of decision; or
(iii) any date up to 28 days after the date of application


So, it is clear that, irrespective of when you apply, if you meet the FULL five year on the date of the decision (PEO appointment) you are ok.

I agree that where the confusion is whether the date you fill in the form online or the date you present yourself for PEO is the date of application.

In my opinion that depends on whether that action of filling the form is a standalone application or only the 1st step of the process for the purpose of booking the appointment. If you can fill in the form online and DO NOT need to book an appointment for the application to be considered, then it would be the date of application.

If you are only filling in the form in order to get to the option of booking the date, then the appointment date is the date of application.

But to be really safe, the best approach would be always book a PEO date after you complete the FULL five years.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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michali
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Re: Date of Application of ILR

Post by michali » Wed Jul 04, 2018 11:56 am

I do not see it as irrelevant if the date of online application is deemed too early by UKVI.

Joe Bloggs will have been in the U.K. for five years on 1st August 2018 and his current visa expires on 15th August. He can apply within 28 days previous to the 1st August, so the earliest he can apply is 4th July 2018. However he filled out the online application form 45 days before his chosen date of 10th July so that he was sure of getting a PSC appointment. So his online application was dated 26th May 2018, which is obviously not within the 28 days allowed by UKVI.

Of course, if UKVI treat the date of the PSC appointment as 10th July, Joe is fine. If however, they use the date of the online application, as stated in previous links provided, then surely Joe could be in trouble?

Ideally Joe should have submitted his online application any time after 4th July but he might have had a difficult time securing a PSC appointment between that date and the expiry of his current visa on 15th August.

If I am totally on the wrong track, please let me know!

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marcnath
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Re: Date of Application of ILR

Post by marcnath » Wed Jul 04, 2018 12:32 pm

michali wrote:
Wed Jul 04, 2018 11:56 am
I do not see it as irrelevant if the date of online application is deemed too early by UKVI.


Joe Bloggs will have been in the U.K. for five years on 1st August 2018 and his current visa expires on 15th August. He can apply within 28 days previous to the 1st August, so the earliest he can apply is 4th July 2018. However he filled out the online application form 45 days before his chosen date of 10th July so that he was sure of getting a PSC appointment. So his online application was dated 26th May 2018, which is obviously not within the 28 days allowed by UKVI.

If he chooses 1st of August or later for his appointment date, then the date of application will not matter. So he can "apply" 45 days before 1st August.
michali wrote:
Wed Jul 04, 2018 11:56 am
Of course, if UKVI treat the date of the PSC appointment as 10th July, Joe is fine. If however, they use the date of the online application, as stated in previous links provided, then surely Joe could be in trouble?

Ideally Joe should have submitted his online application any time after 4th July but he might have had a difficult time securing a PSC appointment between that date and the expiry of his current visa on 15th August. c

If I am totally on the wrong track, please let me know!
As I tried to state above, there are two reasons why you fill in an application form.

1) It is an online application - you fill in the form, attach any information and you don't have to do anything more. HO will start processing, send you biometric letter, etc based on the online application. It is clear that this is then the date of application. Even if you later change it to PEO, HO will consider this as the date of application.

2) You fill in the form for the purposes of booking an appointment (and making it easier for HO to have the form electronically). It ends with an appointment date booking when you have to present yourself with the rest of the documents often including a printed copy of the application made. HO will not do any processing until you present yourself at PEO. This could be subject to interpretation, but I believe that, in this case, the appointment date can be argued to be the application date.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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michali
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Re: Date of Application of ILR

Post by michali » Wed Jul 04, 2018 1:07 pm

Yeah! That does make sense! Though, as you say, 'this could be subject to interpretation''. However, hopefully this will assure some of our posters who have been very concerned about the dates of their applications.

ckkk123
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Re: Date of Application of ILR

Post by ckkk123 » Thu Jul 05, 2018 7:24 am

Thank you all for the discussion and clarification.
Ideally if anyone had successful application experience by using the online form + PCS appointment route (only the appointment date follows the 28 day rule), please share so that we can have a 100% certain conclusion to help the future applicants.
Cheers.

farismoh2005
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Re: Date of Application of ILR

Post by farismoh2005 » Wed Jul 18, 2018 12:55 pm

Ukguy18 wrote:
Wed Jul 04, 2018 7:12 am
farismoh2005 wrote:
Fri Jun 22, 2018 7:21 pm
bluebird12 wrote:
Sun Jun 10, 2018 3:09 pm
If you fill paper application form and take to your PSC appointment, then PSC appointment date is the date of application.

If you fill the Full application form online( not only book PSC appointment online ) and submit online application and go for PSC appointment then Online application submitted date is the date of application which must be within 28 days of completing 5 years residency on Spouse LTR.
Hi, I have submitted the online application and booked my premium appointment, I released the application date written on the form is the date I have submitted the online form, however this before the 28 days qualifing period, but my Premium appointment is after, What should I do.

My appointment on 3 August
Application date on the online form 21/06
28 days qualifying period start on 2 August

Please help
Hi farismoh2005

I am also in similar situation. So what have you decided to do with ur application? Are u cancelling 3 aug appointment and apply again with paper application on new appointment date or leave it as it is?

Thanks
Hi, I am not cancelling 3 Aug, because they will not refund my fees (£2999), instead, I will go to my appointment and see how it will go. Definitely I will update you here.
Thanks

Flexstar
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Re: Date of Application of ILR

Post by Flexstar » Wed Jul 18, 2018 2:50 pm

Hello Everyone,

I too was confused between the premium application date on the online form I made before online payment and the date of my application in person at the premium centre.

I called UKBA call centre to ask for guidance and confirm. The lady said the online form I completed is just a premium appointment application form and not a full application form (in my case SET (LR)). She said the date of your application (where you should consider the 28 days rule) is the date your biometrics are taken (which is when you apply in person).

Just in case anyone needs to know my stats.
Entered UK: 4th of September 2008
Qualifying date : 4th of September 2018
Premium application date (in person, biometrics etc) : 8th of August 2018
Premium appointment booking date (and date on the booking application form) : 27th June 2018

I hope this helps and gives people a peace of mind?

harps9191
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Re: Date of Application of ILR

Post by harps9191 » Thu Jul 26, 2018 9:05 am

Not saying the information you got was wrong but i wouldn't trust the helpline. It is an outsourced company who don't always give the correct information.

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CR001
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Re: Date of Application of ILR

Post by CR001 » Thu Jul 26, 2018 9:12 am

harps9191 wrote:
Thu Jul 26, 2018 9:05 am
Not saying the information you got was wrong but i wouldn't trust the helpline. It is an outsourced company who don't always give the correct information.
If you are referring to user 'flexstar' post, the information the call centre has given is in this case correct. For in person appointments, date of application is the date of your appointment.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

sparkyram
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Re: Date of Application of ILR

Post by sparkyram » Thu Jul 26, 2018 9:16 am

Guys.. One of my friend got ILR using SET O online form. He booked appointment 42 days before and he did't have any issues. The lady who collected the documents striked out the application date which is generated while booking online and written today's date as appointment date. This happened in croydon centre on july 23rd.

farismoh2005
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Re: Date of Application of ILR

Post by farismoh2005 » Thu Jul 26, 2018 11:21 am

sparkyram wrote:
Thu Jul 26, 2018 9:16 am
Guys.. One of my friend got ILR using SET O online form. He booked appointment 42 days before and he did't have any issues. The lady who collected the documents striked out the application date which is generated while booking online and written today's date as appointment date. This happened in croydon centre on july 23rd.
Very happy to hear that. :D :D

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