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Time required to get ILR

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

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uk.workpermit123
Newly Registered
Posts: 27
Joined: Tue Jan 20, 2009 10:10 pm

Time required to get ILR

Post by uk.workpermit123 » Sat Jan 02, 2010 6:44 am

Hi,

I would be applying Tier1 from India. Please let me know the below info.

1) How long one can take to move to uk after getting Tier1 approved? Does it have an affect on getting ILR?

2) How long it takes to get an ILR status?

Thanks and Regards,
AKS

ChetanOjha
Moderator
Posts: 2771
Joined: Thu Dec 28, 2006 12:49 am
Location: London

Re: Time required to get ILR

Post by ChetanOjha » Sat Jan 02, 2010 10:55 am

uk.workpermit123 wrote:Hi,

I would be applying Tier1 from India. Please let me know the below info.

1) How long one can take to move to uk after getting Tier1 approved? Does it have an affect on getting ILR? Your ILR clock of 5 years starts when you enter in UK for the first time. To make sure your late entry doesn't affect your ILR status it is advised to enter in UK within 28 days of the visa start date.

2) How long it takes to get an ILR status? As per the current rules it takes 5 years. But these rules can change in future.

Thanks and Regards,
AKS

alladin
Member
Posts: 156
Joined: Wed Dec 19, 2007 12:14 pm

Re: Time required to get ILR

Post by alladin » Mon Jan 11, 2010 4:06 pm

Hello chetan,

Does any documents say specifically about this " enter in UK within 28 days of the visa start date".

Because I am in a similar situation like this and I will be short of 30 days for 5 years. My visa started was issued on 3rd March 2008 and I entered UK on 3rd April,2008. I have got the extensioin till 3rd March 2013.

Assuming the rules for ILR is not changed, and if I apply on Jan,2013 for ILR, will it be any help. or I will have to go for another extension.

Are you aware about any successful cases like this ?

Thanks,
alladin


chetanojha wrote:
uk.workpermit123 wrote:Hi,

I would be applying Tier1 from India. Please let me know the below info.

1) How long one can take to move to uk after getting Tier1 approved? Does it have an affect on getting ILR? Your ILR clock of 5 years starts when you enter in UK for the first time. To make sure your late entry doesn't affect your ILR status it is advised to enter in UK within 28 days of the visa start date.

2) How long it takes to get an ILR status? As per the current rules it takes 5 years. But these rules can change in future.

Thanks and Regards,
AKS
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aruni4470
Diamond Member
Posts: 1615
Joined: Fri Nov 16, 2007 9:54 pm
Location: Cambridgeshire

Re: Time required to get ILR

Post by aruni4470 » Mon Jan 11, 2010 4:19 pm

alladin wrote:Hello chetan,

Does any documents say specifically about this " enter in UK within 28 days of the visa start date".

Because I am in a similar situation like this and I will be short of 30 days for 5 years. My visa started was issued on 3rd March 2008 and I entered UK on 3rd April,2008. I have got the extensioin till 3rd March 2013.

Assuming the rules for ILR is not changed, and if I apply on Jan,2013 for ILR, will it be any help. or I will have to go for another extension.

Are you aware about any successful cases like this ?

Thanks,
alladin


chetanojha wrote:
uk.workpermit123 wrote:Hi,

I would be applying Tier1 from India. Please let me know the below info.

1) How long one can take to move to uk after getting Tier1 approved? Does it have an affect on getting ILR? Your ILR clock of 5 years starts when you enter in UK for the first time. To make sure your late entry doesn't affect your ILR status it is advised to enter in UK within 28 days of the visa start date.

2) How long it takes to get an ILR status? As per the current rules it takes 5 years. But these rules can change in future.

Thanks and Regards,
AKS
5 WHEN TO APPLY
You and any dependants applying with you should apply
before the end of your/their permitted stay in the UK.
There is a qualifying period to complete in most of the categories
on this form. It runs either from
- the date on which you entered the UK with a visa in
the relevant category; or, if you did not enter the UK
with such a visa, from
- the date on which you were first granted permission
to remain in the UK in the relevant category.
If you entered the UK with a visa several weeks or more
after the date from which it was valid for use, you may need
to apply for an extension of stay to complete the relevant
qualifying period.
Please do not apply more than 28 days before completing
the qualifying period. If you apply earlier than that,
your application may be refused. If that happens, we will
not refund the fee and you will have to pay again when
reapplying.

The qualifying periods are as follows:
5 years In the work permit holder, employment not requiring
a work permit, businessperson, innovator, investor,
self-employed lawyer, writer, composer or artist, UK ancestry,
Tier 1 and Tier 2 categories or routes.
5 years or 4 years in the highly skilled migrant category.
The 4-year qualifying period applies only to applications
made under the terms of the HSMP indefinite leave to
remain judicial review policy document. Those terms apply
only if you applied successfully under the highly skilled
migrant programme (HSMP) before 3 April 2006. All other
highly skilled migrant applications are subject to the 5-year
period.
4 years in the ex-HM Forces category.
10 or 14 years In the long residence category.

You can see this on Page 3 on the document in below link

http://www.ukba.homeoffice.gov.uk/sitec ... to0409.pdf

ChetanOjha
Moderator
Posts: 2771
Joined: Thu Dec 28, 2006 12:49 am
Location: London

Post by ChetanOjha » Mon Jan 11, 2010 4:51 pm

as mention by aruni above, if you enter after 28 days in UK you make fall short for your ILR as you can only apply within 28 days of your ILR eligibility period i.e. 5years. If you delay your entry for more than 28 days..you may require second extension to meet the ILR eligibility.

alladin
Member
Posts: 156
Joined: Wed Dec 19, 2007 12:14 pm

Re: Time required to get ILR

Post by alladin » Mon Jan 11, 2010 4:51 pm

Thanks for the prompt reply.

I know no body of us may be knowing about this properly (the exact definition of several weeks and the usage of "may"). The following line still says

"If you entered the UK with a visa several weeks or more
after the date from which it was valid for use, you may need
to apply for an extension of stay to complete the relevant
qualifying period."

I feel there is a bit ambiguity there.

There are case worker guides for every conditions that they check refer for initial and extension applications. Any of you are aware about any guides for the ILR case.

thanks,
alladin

aruni4470 wrote:
alladin wrote:Hello chetan,

Does any documents say specifically about this " enter in UK within 28 days of the visa start date".

Because I am in a similar situation like this and I will be short of 30 days for 5 years. My visa started was issued on 3rd March 2008 and I entered UK on 3rd April,2008. I have got the extensioin till 3rd March 2013.

Assuming the rules for ILR is not changed, and if I apply on Jan,2013 for ILR, will it be any help. or I will have to go for another extension.

Are you aware about any successful cases like this ?

Thanks,
alladin


chetanojha wrote:
uk.workpermit123 wrote:Hi,

I would be applying Tier1 from India. Please let me know the below info.

1) How long one can take to move to uk after getting Tier1 approved? Does it have an affect on getting ILR? Your ILR clock of 5 years starts when you enter in UK for the first time. To make sure your late entry doesn't affect your ILR status it is advised to enter in UK within 28 days of the visa start date.

2) How long it takes to get an ILR status? As per the current rules it takes 5 years. But these rules can change in future.

Thanks and Regards,
AKS
5 WHEN TO APPLY
You and any dependants applying with you should apply
before the end of your/their permitted stay in the UK.
There is a qualifying period to complete in most of the categories
on this form. It runs either from
- the date on which you entered the UK with a visa in
the relevant category; or, if you did not enter the UK
with such a visa, from
- the date on which you were first granted permission
to remain in the UK in the relevant category.
If you entered the UK with a visa several weeks or more
after the date from which it was valid for use, you may need
to apply for an extension of stay to complete the relevant
qualifying period.
Please do not apply more than 28 days before completing
the qualifying period. If you apply earlier than that,
your application may be refused. If that happens, we will
not refund the fee and you will have to pay again when
reapplying.

The qualifying periods are as follows:
5 years In the work permit holder, employment not requiring
a work permit, businessperson, innovator, investor,
self-employed lawyer, writer, composer or artist, UK ancestry,
Tier 1 and Tier 2 categories or routes.
5 years or 4 years in the highly skilled migrant category.
The 4-year qualifying period applies only to applications
made under the terms of the HSMP indefinite leave to
remain judicial review policy document. Those terms apply
only if you applied successfully under the highly skilled
migrant programme (HSMP) before 3 April 2006. All other
highly skilled migrant applications are subject to the 5-year
period.
4 years in the ex-HM Forces category.
10 or 14 years In the long residence category.

You can see this on Page 3 on the document in below link

http://www.ukba.homeoffice.gov.uk/sitec ... to0409.pdf
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geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Re: Time required to get ILR

Post by geriatrix » Mon Jan 11, 2010 6:15 pm

alladin wrote:I feel there is a bit ambiguity there.
There is none!!

One has to show a continuous residence of 5 years from the date one enters UK as a resident (or switches in-country into an immigration category that qualifies for ILR). As already stated by others, you can make an application for ILR (at the most) 28 days before the date you complete the 5 years.

Imagine a situation wherein your current leave to remain is ending 29 days before the date you were to complete 5 years continuous residence (to be eligible for ILR). Let's assume the following:- you qualify for ILR on 28-Feb-2010 and your current leave to remain is ending on 30-Jan-2010. As per rules, your ILR application will be accepted only if it reaches UKBA on or after 01-Feb-2010 (within 28 days of you completing 5 years of residence in UK).
In this case, unless you apply for a further Tier 1 extension there is no way that you can apply for ILR. Why? Because if you don't you will be an illegal resident on 31-Jan-10 and in breach of immigration rules. There goes your ILR dream down the drain!!
Applying for settlement wrote:Please do not send us your application more than 28 days before you become eligible to apply. If you do, we may refuse your application with no refund of the application fee. However, you must make your application before your current permission to stay in the UK expires.

If you are already in the UK but you have not been here long enough to apply for settlement, you can apply to extend your temporary permission to stay.
regards

aruni4470
Diamond Member
Posts: 1615
Joined: Fri Nov 16, 2007 9:54 pm
Location: Cambridgeshire

Re: Time required to get ILR

Post by aruni4470 » Mon Jan 11, 2010 6:57 pm

sushdmehta wrote:
alladin wrote:I feel there is a bit ambiguity there.
There is none!!

One has to show a continuous residence of 5 years from the date one enters UK as a resident (or switches in-country into an immigration category that qualifies for ILR). As already stated by others, you can make an application for ILR (at the most) 28 days before the date you complete the 5 years.

Imagine a situation wherein your current leave to remain is ending 29 days before the date you were to complete 5 years continuous residence (to be eligible for ILR). Let's assume the following:- you qualify for ILR on 28-Feb-2010 and your current leave to remain is ending on 30-Jan-2010. As per rules, your ILR application will be accepted only if it reaches UKBA on or after 01-Feb-2010 (within 28 days of you completing 5 years of residence in UK).
In this case, unless you apply for a further Tier 1 extension there is no way that you can apply for ILR. Why? Because if you don't you will be an illegal resident on 31-Jan-10 and in breach of immigration rules. There goes your ILR dream down the drain!!
Applying for settlement wrote:Please do not send us your application more than 28 days before you become eligible to apply. If you do, we may refuse your application with no refund of the application fee. However, you must make your application before your current permission to stay in the UK expires.

If you are already in the UK but you have not been here long enough to apply for settlement, you can apply to extend your temporary permission to stay.
regards
As Sushdmehta rightly said there is no ambiguity. Your application for ILR would be accepted only 28 days prior to the date one completes the full 5 years residence (as of now)

alladin
Member
Posts: 156
Joined: Wed Dec 19, 2007 12:14 pm

Re: Time required to get ILR

Post by alladin » Mon Jan 11, 2010 7:23 pm

OK mates,

Maybe I will have to go for extension by the end the current validuty.
thanks for the replies.

cheers,
alladin

aruni4470 wrote:
sushdmehta wrote:
alladin wrote:I feel there is a bit ambiguity there.
There is none!!

One has to show a continuous residence of 5 years from the date one enters UK as a resident (or switches in-country into an immigration category that qualifies for ILR). As already stated by others, you can make an application for ILR (at the most) 28 days before the date you complete the 5 years.

Imagine a situation wherein your current leave to remain is ending 29 days before the date you were to complete 5 years continuous residence (to be eligible for ILR). Let's assume the following:- you qualify for ILR on 28-Feb-2010 and your current leave to remain is ending on 30-Jan-2010. As per rules, your ILR application will be accepted only if it reaches UKBA on or after 01-Feb-2010 (within 28 days of you completing 5 years of residence in UK).
In this case, unless you apply for a further Tier 1 extension there is no way that you can apply for ILR. Why? Because if you don't you will be an illegal resident on 31-Jan-10 and in breach of immigration rules. There goes your ILR dream down the drain!!
Applying for settlement wrote:Please do not send us your application more than 28 days before you become eligible to apply. If you do, we may refuse your application with no refund of the application fee. However, you must make your application before your current permission to stay in the UK expires.

If you are already in the UK but you have not been here long enough to apply for settlement, you can apply to extend your temporary permission to stay.
regards
As Sushdmehta rightly said there is no ambiguity. Your application for ILR would be accepted only 28 days prior to the date one completes the full 5 years residence (as of now)
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