ILR Eligibility (Tier 1 General Dependent route )

Hi All,
I need your valuable opinions on my query.

I got British passport via Tier 1 general – ILR Route and now time for wife ILR Application but I have query regarding her eligibility.

• We got married in 2014 and my wife got Tier 1 General dependent Visa from 16/04/2014 to 09/03/2016
Note: the reason for end date 09/03/2016 is, my tier 1 general visa was valid till that date only
• She was Entered UK on 09/05/2014 (Within 28 days)
• I got Tier 1 General Extension on 05/03/2016 then applied extension for my wife (via post) she got approval from 24/03/2016 to 24/03/2019
Note: I got 3years extension therefore she also got visa till 24/03/2016

Query: When I count the total days for ILR ( from the day she got visa which is from 16/04/2014 to 24/03/2019), getting 4y - 11 months- 9 days including the end date
As per the rule I can apply for ILR 28 days before which means after 4y -11 months – 3 days ? So can I apply her ILR from 19/03/2019 to 22/03/2019 ?
But my worry part is if applicant get visa for minimum 5 years then only he/she is eligible to apply before 28 days but my case is different she got total visa period is less than 5 years.
Is she still eligible for ILR or not ?

Thanks
Prab

Counted from date of initial visa grant. So she can apply no sooner than within 28 days before 16th April

Thanks for the response.
I knew She can apply within 28 days before 16th April 19 which is from 20th March 19
but she got visa till 24th March 19 not till 16th April 19.
Can she still apply visa between 20th March 19 to 22nd March 19 ? (23rd and 24th are weekends)
only 3 days

There is no requirement that she must have a visa valid till the date of 5 years. It must be valid at the time she applies.

Which means she is eligible to apply ILR with in those 3 days only (20/03/19 to 22/03/19) ?

Please can any one help me on my query ? I have only one week left to decide.

thanks in advance

prabhu3535 wrote: ↑

Sun Mar 17, 2019 3:00 pm

Please can any one help me on my query ? I have only one week left to decide.

thanks in advance

Yes she can apply on/after 20th March 2019 & before her expiry of visa that is 24th March 2019. You must apply on/before expiry date and not before 28 days concession period. You have to apply between that short 5 days period.

One post of yours says expiry is 22nd and the other 24th. So apply on/before expiry date.

Thanks for the clarification tier11417 .
I have booked appointment on 21st March and I hope will get positive result.

prabhu3535 wrote: ↑

Sun Mar 17, 2019 9:46 pm

Thanks for the clarification tier11417 .
I have booked appointment on 21st March and I hope will get positive result.

Booked appointment?? So you have already applied, submitted and paid for it?? In that case you have made an early application as the date of online application submission is the date of application NOT the biometrics appointment date. You should have applied/submitted on/after 20th March.

sorry didnt understand the logic ....

After your confirmation, I submitted application in online (Set O) and paid fast track (£3018) and appointment fee in Crydon for 21st March.

I considered that if she cross 4 y 11 months then should be fine. because she dont have 5 full years visa. therefore 28 days before case didn't work ?

She got Tier 1 general approval on 16/04/2014 and today is 17/03/2019 so the total days are
4 y 11 months 1 day ( if i exclude the end date which is 17/03/19)
4 y 11 months 2 days (if i include the end date which is 17/03/19)

If still it is a mistake then how to resolve ? I didnt upload any documents, so can i wait till 20th and upload ? if i dont upload any documents how case worker start my case ?

thanks in advance

prabhu3535 wrote: ↑

Sun Mar 17, 2019 11:08 pm

sorry didnt understand the logic ....

After your confirmation, I submitted application in online (Set O) and paid fast track (£3018) and appointment fee in Crydon for 21st March.

I considered that if she cross 4 y 11 months then should be fine. because she dont have 5 full years visa. therefore 28 days before case didn't work ?

She got Tier 1 general approval on 16/04/2014 and today is 17/03/2019 so the total days are
4 y 11 months 1 day ( if i exclude the end date which is 17/03/19)
4 y 11 months 2 days (if i include the end date which is 17/03/19)

If still it is a mistake then how to resolve ? I didnt upload any documents, so can i wait till 20th and upload ? if i dont upload any documents how case worker start my case ?

thanks in advance

You were advised by CR001 and myself both to apply NOT before than 28 days concession period i.e. 28 days before 16/04/19. Where did I tell you to apply today? I said apply on/after 20th March? Today is 17th March. You probably have taken the biometrics appointment date as the application date.
The date of application is the date of online submission. Uploading docs date is irrelevant.

You should have paid and submitted your application between 20th - 24th March and then booked an appointment later on.

Wait for further advice from CR001.

Apologies Tier 1147 ... I didn't mean you asked me to apply today.
Actually I was not aware of new role which you mentioned ... I was worried about eligibility and we have only 3 days (20, 21, 22) to book an appointment. After receiving your confirmation, I thought of booking appointment is better. I Never new that I booked Bio metric appointment.

Can we cancel the application by calling UK Visas and Immigration contact centre (Telephone: 0300 123 2241 )
please advise

You get 45 working days to book an appointment with UKVCAS for biometrics and verification of documents. The appointment date is irrelevant. The date you paid and submitted your application that is today 17th March will be considered your application date. You are only eligible after 19th March 2019 (if my calculation is correct of 16/4/19 minus 28 days). That is why I advised you to apply on/after 20th March 2019 and on/before 24th March 2019 (that is the expiry) for an intime application.

Is the expiry 24th or 22nd?

If the expiry is 22nd, you should have hit the submit button on either 20, 21 or 22.

Biometric appointment date is irrelevant. You could have booked that later on. You get 45 working days for that.

There are many others on the forum who did the same mistake of applying early. Please search the forum you will receive answers or wait for CR001 or senior moderators to advise further.

Expiry date is 24th
booked biometric on 21st morning
so looks like my 3k amount is gone .. I will check other posts also
May have to apply again after 20th ? I will wait for CR001 Reply as well

prabhu3535 wrote: ↑

Sun Mar 17, 2019 11:40 pm

Expiry date is 24th
booked biometric on 21st morning
so looks like my 3k amount is gone .. I will check other posts also
May have to apply again after 20th ? I will wait for CR001 Reply as well

If expiry is 24th, you should have submitted between 20th - 24th as I previously said. Dont worry, hopefully something will work out. I have seen some cases that were still accepted after the mistake.

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