ILR application submission 28 day early rule

tiger21 · Post by **tiger21** » Tue Jul 20, 2021 6:25 pm

Hi

Is there any financial requirement for ILR on basis of 5 year parent route? Some one told me its 18600 as incase of spouse visa. Is it correct?

Thanks in advance

tiger21 · Post by **tiger21** » Wed Jul 21, 2021 8:37 am

Please any one? I am submitting application in a couple of days. I will be grateful for your help.

zimba · Post by **zimba** » Wed Jul 21, 2021 12:50 pm

tiger21 wrote: ↑
Tue Jul 20, 2021 6:25 pm
Hi

Is there any financial requirement for ILR on basis of 5 year parent route? Some one told me its 18600 as incase of spouse visa. Is it correct?

Thanks in advance

This is an entire guide covering different categories and sources of income when applying under family route

https://assets.publishing.service.gov.u ... .0-ext.pdf

manci · Post by **manci** » Wed Jul 21, 2021 12:59 pm

tiger21 wrote: ↑
Tue Jul 20, 2021 6:25 pm
Is there any financial requirement for ILR on basis of 5 year parent route?

No, there are no financial requirements for settlement on the 5 year parent route.

The eligibility requirements for indefinite leave to remain as a parent are in Section E-ILRPT of the immigration rules:
https://www.gov.uk/guidance/immigration ... ly-members

(look under "family life as a parent of a child in the UK")

zimba · Post by **zimba** » Wed Jul 21, 2021 1:06 pm

Those making an application as the child of a person with entry clearance or limited
leave to remain as a parent who is not themselves subject to the financial
requirement in the parent route are also not required to meet the financial
requirement but, like their parent, a requirement for ‘adequate’ maintenance

manci · Post by **manci** » Wed Jul 21, 2021 3:11 pm

Yes, adequate maintenance and accommodation have to be shown. Both depend on personal circumstances, as per the guidance:

https://assets.publishing.service.gov.u ... .0-ext.pdf

tiger21 · Post by **tiger21** » Wed Jul 21, 2021 6:20 pm

Thank you for your response. I appreciate.

I was sure there is only adequate maintenance requirement until some one mixed it with partner route making me confused.

Thank you all!

tiger21 · Post by **tiger21** » Mon May 23, 2022 6:15 pm

Hi All

I applied for ILR under 5 year route last year with super priority service which resulted in a confusing decesion.

Home office asked me to submit FLR application and withdraw the current one or a decesion will be made under ILR application which will reult in refusal of ILR. My 7nderstanding is that if application is refused, it will result in 2.5 year extention of patent route. So we asked home office to consider the current application for FLR instead of making a fresh application. Case worker said she will forward the application to relevant department.

Today again i received the same email which I receied 9 months ago that my current application is highly unlikely to be successful and they have asked to submit a fresh application and get refund for this current ILR application within 14 days.

My question is if I do not submit the fresh application and ask homeoffice to consider this application for FLR, will I get refused or get 2.5 year grant?

Thanks.

CR001 · Post by **CR001** » Tue May 24, 2022 7:56 am

Can you type the exact wording of the emails so we can understand why they say you do not qualify for ILR.

Are you sure you were on the 5 year parent route and not the 10 year parent route?

zimba · Post by **zimba** » Tue May 24, 2022 10:23 am

Only in some cases the rules allow them to offer you a visa grant, otherwise, you will be asked to apply for a new application and vary the previous one. The question is why do they think you do not qualify under the parent route ?

tiger21 · Post by **tiger21** » Tue May 24, 2022 11:07 am

Hi Thank yoi for the answer.

Email said I was granted 10 year parent route and then 5 year and then 10 years again. in 2020 i appliedd for my partners visa which was granted as DLR. Now on email it says after being granted 10 year route i applied for DLR a month after which resulted in me getting a DLR which is not true as ot was my partners visa. Then it mentions that i applied ILR for access of child last year and it is highly unlikely that I will get ILR with my current application which was already mentioned 9 months ago and we still wanted to proceed with currwnt application as FLR.

Previously other case worker who was dealing with my application asked us what we want to do with application and we said we want decision on the same application and consider it for FLR. The case worker said they have passed the case to relevant department.

Now after 9 months i got the same email back with same wording as previous. I applied on setm form on the basis of previous 5 year route which according to my understanding the next extension was also under 5 year route.

Now should I ask the new case worker to consider it as FLR or lodge new application?

Also decesion letter mentions that if I do not respond within 14 days, application will be decided under appendix FM of partner route, which I never applied for. I apploed under parent route.

Thanks you for your help.

Ticktack · Post by **Ticktack** » Tue May 24, 2022 11:42 am

tiger21 wrote: ↑
Tue May 24, 2022 11:07 am
Hi Thank yoi for the answer.

Email said I was granted 10 year parent route and then 5 year and then 10 years again. in 2020 i appliedd for my partners visa which was granted as DLR. Now on email it says after being granted 10 year route i applied for DLR a month after which resulted in me getting a DLR which is not true as ot was my partners visa. Then it mentions that i applied ILR for access of child last year and it is highly unlikely that I will get ILR with my current application which was already mentioned 9 months ago and we still wanted to proceed with currwnt application as FLR.

Previously other case worker who was dealing with my application asked us what we want to do with application and we said we want decision on the same application and consider it for FLR. The case worker said they have passed the case to relevant department.

Now after 9 months i got the same email back with same wording as previous. I applied on setm form on the basis of previous 5 year route which according to my understanding the next extension was also under 5 year route.

Now should I ask the new case worker to consider it as FLR or lodge new application?

Also decesion letter mentions that if I do not respond within 14 days, application will be decided under appendix FM of partner route, which I never applied for. I apploed under parent route.

Thanks you for your help.

If you want a proper dissection of query, as CR001 has already stated. type your refusal letter word for word and remove personal identifiers (name, DOB, passport #, reference #). It's much better that way than you trying to summarise what you think that they have said.
Sometimes you need fresh eyes to spot the nitty gritty of the message.

tiger21 · Post by **tiger21** » Wed May 25, 2022 1:49 am

Hi
Sorry for the delayed response. The email from home office is below omitting personal data.

Thank you for your recent application to settle in the UK as the Parent of a person settled in the United Kingdom. Your application has been made for indefinite leave to remain under the parent route of Appendix FM within the Immigration rules.
In order to qualify for indefinite leave to remain under Appendix FM you are required to complete either at least 60 months or 120 months of leave under this route, as stated in section E-ILRPT.1.3 of Appendix FM below:
E-ILRPT.1.3. (1) The applicant must, at the date of application, have completed a continuous period of either:
1. (a) at least 60 months in the UK with: (i) leave to enter granted on the basis of entry clearance as a parent granted under paragraph D-ECPT.1.1.; or
(ii) limited leave to remain as a parent granted under paragraph D-LTRPT.1.1.; or
(iii) a combination of (i) and (ii);
2. or
3. (b) at least 120 months in the UK with: (i) leave to enter granted on the basis of entry clearance as a parent granted under paragraph D-ECPT.1.1. or D-ECPT.1.2.;
or
(ii) limited leave to remain as a parent granted under paragraph D-LTRPT.1.1. or D-LTRPT.1.2.; or
(iii) a combination of (i) and (ii).
However, we note from your immigration history that you have not completed enough time under the parent route of Appendix FM.
Immigration History:
2012 you applied for Human Rights – Article 8 and were granted 30 months on Family and Private life 10-year route
In 2016, you applied for Family and Private life under the 10-year route. This was subsequently granted 30 months Leave to Remain under the 5-year (parent) route
In 2019, you applied for Family and Private life under the 10-year route. This was subsequently granted 30 months Leave to Remain under the 10-year (parent) route

On 2020, you applied for Spouse of a Settled/Refugee/HP Person And were granted Discretionary Leave (This application was for my partner)
On 2021, you applied for Access right to a child Indefinite Leave to Remain.
Therefore, you have not completed 60 months or 120 months under the parent route or 72 months under discretionary leave Appendix FM.

As such, were your application to proceed for indefinite leave to remain as a partner it is highly unlikely that the application for settlement would succeed and result in a grant of indefinite leave to remain (ILR).
Accordingly, we would like to give you the opportunity to review your application.
If after you have reviewed the application you would like to withdraw your application for ILR, please advise us of the decision within 14 days of the date of this email. We will hold the application submitted on 28 July 2021 until a new application has been submitted before processing a refund of the application fee, minus the £25.00 administration fee. This is because your last leave has expired 2022.
You have the option to consult a registered immigration adviser to discuss your best option.
If you choose to continue with this application or you do not reply within 14 days of the date of this email, your application will then be considered using the criteria laid down in the partner route of Appendix FM.
Please email your decision to the below email address.
We look forward to hearing from you.

The above email mentions Partner route in decision making. Is it a standard email or home office is dealing with it incorrectly?

Also if I ask home office to proceed for FLR under same application would it result in grant of 2.5 years or stand for refusal?

Thanks

zimba · Post by **zimba** » Wed May 25, 2022 2:46 pm

You clearly did not qualify for ILR under the 5-year route, I am not sure why you applied for ILR. Did you know you were granted leave under the 10-year route?

tiger21 · Post by **tiger21** » Wed May 25, 2022 4:37 pm

Last time I applied for extension to 5 year route and there was no mention the grant was under 10 year. When I first got the leave, it said grant under 10 uear. 2nd time, it said grant under 5 year. 3rd time it didny say anything. So I was under impression that I have leave under 5 year route. But any way, now the question is that will I get 2.5 year grant since my ILR is refused under the same application? or should I lodge a new application and get a refund.
I dnt want to go through all the hassle again and would like case worker to grant 2.5 year leave with the current ILR application.
What is your opinion on that?

Ticktack · Post by **Ticktack** » Thu May 26, 2022 9:45 am

tiger21 wrote: ↑
Wed May 25, 2022 4:37 pm
Last time I applied for extension to 5 year route and there was no mention the grant was under 10 year. When I first got the leave, it said grant under 10 uear. 2nd time, it said grant under 5 year. 3rd time it didny say anything. So I was under impression that I have leave under 5 year route. But any way, now the question is that will I get 2.5 year grant since my ILR is refused under the same application? or should I lodge a new application and get a refund.
I dnt want to go through all the hassle again and would like case worker to grant 2.5 year leave with the current ILR application.
What is your opinion on that?

Make I new FLR application in whatever category that suits your current situation.
Seems like the last one you made was in 2019 Family and Private life under the 10-year route. Pay the health surcharge. Your new application would immediately supersede the ILR and varied accordingly.
Your ILR refund would be processed as well.
But please, make sure you do that now, as your time has been ticking.

tiger21 · Post by **tiger21** » Thu May 26, 2022 9:55 am

Ticktack wrote: ↑
Thu May 26, 2022 9:45 am

tiger21 wrote: ↑
Wed May 25, 2022 4:37 pm
Last time I applied for extension to 5 year route and there was no mention the grant was under 10 year. When I first got the leave, it said grant under 10 uear. 2nd time, it said grant under 5 year. 3rd time it didny say anything. So I was under impression that I have leave under 5 year route. But any way, now the question is that will I get 2.5 year grant since my ILR is refused under the same application? or should I lodge a new application and get a refund.
I dnt want to go through all the hassle again and would like case worker to grant 2.5 year leave with the current ILR application.
What is your opinion on that?
Make I new FLR application in whatever category that suits your current situation.
Seems like the last one you made was in 2019 Family and Private life under the 10-year route. Pay the health surcharge. Your new application would immediately supersede the ILR and varied accordingly.
Your ILR refund would be processed as well.
But please, make sure you do that now, as your time has been ticking.

If I continue with cirrent ILR application, would it result in 2.5 year grant as well?

Ticktack · Post by **Ticktack** » Thu May 26, 2022 10:09 am

Yes, it will. Regardless of what routes you've jumped to and from, once you've lived here legally for 10 years, you can apply based long residence. ILR(LR).

tiger21 · Post by **tiger21** » Thu May 26, 2022 10:25 am

Ticktack wrote: ↑
Thu May 26, 2022 10:09 am
Yes, it will. Regardless of what routes you've jumped to and from, once you've lived here legally for 10 years, you can apply based long residence. ILR(LR).

Thanks. Yes thats what I will be doing next year once this one is out of the way

coz i dnt have that much money right now to lodge a new application and wait for refund. I would be happy to pay NHS surcharge once I get offered 2.5 years leave and they ask me to pay the IHS fee.

tiger21 · Post by **tiger21** » Thu Oct 06, 2022 2:11 am

Hi.

I will be completing 10 years on 20th august next year on 10 year lawful residence. Can i submit my application 28 days before that date using super priority service? Or 28 day rule only applies for standard applications?

Thanks

contorted_svy · Post by **contorted_svy** » Thu Oct 06, 2022 5:18 am

You should be able to apply 28 days early but you need to be eligible (have completed the qualifying period) by the time the caseworker looks at your application.

AmazonianX · Post by **AmazonianX** » Thu Oct 06, 2022 6:20 am

tiger21 wrote: ↑
Thu Oct 06, 2022 2:11 am
Hi.

I will be completing 10 years on 20th august next year on 10 year lawful residence. Can i submit my application 28 days before that date using super priority service? Or 28 day rule only applies for standard applications?

Thanks

The application will be decided using a date beneficial to you. However if you have waited 10yrs, what's a couple of weeks compared to that?

zimba · Post by **zimba** » Thu Oct 06, 2022 8:18 am

tiger21 wrote: ↑
Thu Oct 06, 2022 2:11 am
Hi.

I will be completing 10 years on 20th august next year on 10 year lawful residence. Can i submit my application 28 days before that date using super priority service? Or 28 day rule only applies for standard applications?

Thanks

indefinite-leave-to-remain/dependent-el ... l#p2072912

tiger21 · Post by **tiger21** » Thu Oct 06, 2022 12:23 pm

Thanks for your help.
So basically I should apply 28 days before but give my biometrics when the entire 10 year period is elapsed?

AmazonianX · Post by **AmazonianX** » Thu Oct 06, 2022 1:26 pm

tiger21 wrote: ↑
Thu Oct 06, 2022 12:23 pm
Thanks for your help.
So basically I should apply 28 days before but give my biometrics when the entire 10 year period is elapsed?

Rightly put. Just to cover all bases.

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