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Got ILR, few question??

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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n_sharma50
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Joined: Wed Aug 30, 2006 10:54 am

Got ILR, few question??

Post by n_sharma50 » Sat Mar 06, 2010 9:02 am

Hi All,
First of all I would like to thank everyone on this forum for the help. I was booked for a day appointment at PEO croydon on 5th march.

I was booked for 9:45 and reached there by 9:35 (trains as usual signal problem).

Quick security check and then queue for docs to be verfied. Took 45 mins.She asked form, pictures,3 month pay slip, bank statement 3 month, letter from employer and 5 p 60.

She okayed the application and I went on second floor for paying 1070 ( cash). After it was a long wait for my number to be called. Eventually it was called, case worker was nice lady. Asked for all docs as before again. Nothing else she needed apart from 3 salary slip(printed on A4 sheet as I get e-slip.Not even stamped and signed) 3 bank statement, 5 p-60,employer letter, two passport and form.

She checked all, didnt ask any question during the whole process and 35 min later told us that we have been granted ILR. I was ecstatic.


She asked to come back in 1 hr to collect ppt. I went outside with my wife, there is big shopping complex across the road. Went there, had lunch, some shopping(not me, my wife ) and back to collect passport. It was ready by 2 and we were on our way out to freedom.



My questions however are


1) I came here first in 14 nov 2004 and was eligible for ILR on 14 nov 2009. I could not apply as I was travelling. My stamp on passport says 5th march now and the cover letter also said printed on 5th march. There is no mention of I being free from immigration check from 14th Nov as some of the other forum member have mentioned in bacdated ILR cases.


2) Are such letter only provided to HSMP JR cases? I was on WP+WP+Tier 1.

3) Can i go ahead and apply British citizanship in nov or do i have to wait till 5th march 2011?


Any answers from gurus /rest of member with such cases will be greatly appreciated.


Once again thanks guys for help.

John
Moderator
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Location: Birmingham, England

Post by John » Sat Mar 06, 2010 9:12 am

The JR does not apply to you. So as you need to have your ILR for at least one year when you apply for Naturalisation, you clearly need to wait until at least 05.03.2011.
John

n_sharma50
Junior Member
Posts: 56
Joined: Wed Aug 30, 2006 10:54 am

Post by n_sharma50 » Sat Mar 06, 2010 9:24 am

But is that not wrong? I was eligible to be free from immigration check on 14 nov 2009. I should get a proof regarding that. I think the requirement is to be free from immigration check not necessarily have ILR?

mochyn
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Post by mochyn » Sat Mar 06, 2010 10:24 am

Eligibilty means nothing if you do not apply.
Your immigration status does not change if you do not apply and since you were under restrictions, the restriction stay in place if you do nothing

John
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Post by John » Sat Mar 06, 2010 10:32 am

mochyn, I agree, just because someone is eligible to apply does not mean they have to apply. There is indeed no compulsion that they ever apply for ILR.

The OP applied in March 2010, and the ILR was granted in March 2010, so clearly no ability to apply for Naturalisation until March 2011.
John

t070576
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What If You Did Apply?

Post by t070576 » Sat Mar 06, 2010 11:10 am

Could someone please clarify the status if you did apply ontime but if the UKBA took several months in some cases (ie 10year long residence, where they can not apply in person) for their decision, Will they be able to backdate ILR and allow naturalisation in 12 months? Thanks

John
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Post by John » Sat Mar 06, 2010 7:49 pm

As long as the ILR is eventually granted, and took more than 3 months from application to the issue date, the Naturalisation application can be made from 15 months after the ILR date of application.
John

oluwa112
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Post by oluwa112 » Sat Mar 06, 2010 8:27 pm

John wrote:As long as the ILR is eventually granted, and took more than 3 months from application to the issue date, the Naturalisation application can be made from 15 months after the ILR date of application.
Oh wow!! That is great News!!

I applied 10th August 2009, ILR issued 17th Feb 2010 (Over 6months) so from your above statement I can Apply for Citizenship by 9th Nov 2010!

Please can you show me official Links for this !

John
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Post by John » Sat Mar 06, 2010 8:58 pm

Actually I should have added, as long as the issue of the ILR was not delayed by the applicant, for example being asked for additional information and not responding to the request on a timely basis.

Apart from that, yes the Naturalisation can be applied for 15 months after the application for the ILR.
John

oluwa112
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Post by oluwa112 » Sat Mar 06, 2010 9:04 pm

John wrote:Actually I should have added, as long as the issue of the ILR was not delayed by the applicant, for example being asked for additional information and not responding to the request on a timely basis.

Apart from that, yes the Naturalisation can be applied for 15 months after the application for the ILR.

hmmm ... OK. Now lets get some clarity here John.

In My case, i went in Person on 10th August 2009. I was told that Further queries were needed and they needed access to my file to make those queries, basically downgraded to postal application. They never wrote me to send more information though. In my Case I'm I still good for this 15months Rule?

John
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Post by John » Sat Mar 06, 2010 9:16 pm

Yes, still good for 15 months.

But, and this is not you, say someone applied and then a bit later UKBA wrote and asked for more information, and the applicant took ages to supply that information, and that was why the ILR was delayed, then the 15 month rule would not apply.
John

oluwa112
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Post by oluwa112 » Sat Mar 06, 2010 9:26 pm

John wrote:Yes, still good for 15 months.

But, and this is not you, say someone applied and then a bit later UKBA wrote and asked for more information, and the applicant took ages to supply that information, and that was why the ILR was delayed, then the 15 month rule would not apply.
Thanks John!!

Wooohoooo!! cant wait to Apply Nov 2010! You have really made my evening. Cos I was mentally prepared to apply Feb 2011. And the though that I can apply before that just really places me way over the moon. Cos now its looking like I will be in actual possession of My British Passport by Feb 2011, rather than being in the Application stage! :D

kate123
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Post by kate123 » Sat Mar 06, 2010 10:58 pm

Congratulations on ilr. I was also in Croydon on 5th of march. I had an appointment at 9 and I got my ilr/passport by 10:30.
I came to UK on 8th of February 2006 (HSMP). The case worker told me that I have got a backdated ilr. So the date stamped on my visa is 8th February.
Not sure how it works. is it because of JR?

kamalin10
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Post by kamalin10 » Sun Mar 07, 2010 12:31 am

kate123 wrote:Congratulations on ilr. I was also in Croydon on 5th of march. I had an appointment at 9 and I got my ilr/passport by 10:30.
I came to UK on 8th of February 2006 (HSMP). The case worker told me that I have got a backdated ilr. So the date stamped on my visa is 8th February.
Not sure how it works. is it because of JR?
how interesting. i was there too for appointment at 9am. finished with case worker at 10am and i got my passport at 12.
haven't seen anyone collecting from window 22 before that...

kate123
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Post by kate123 » Sun Mar 07, 2010 8:14 am

kamalin10 wrote: how interesting. i was there too for appointment at 9am. finished with case worker at 10am and i got my passport at 12.
haven't seen anyone collecting from window 22 before that...
Kamalin congratulations on your ilr. Really interesting, because I finished with my case worker by 10:15. May be they process by token number as my token number was 003. What was your number?
They gave 2 passports before me and I was the third one to get the passport. I was in my office in Liverpool street by 12'O clock.

n_sharma50
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Post by n_sharma50 » Mon Mar 08, 2010 9:06 pm

Ok, Thanks for responding people.

However, I do not understand why home office will have two process for ILR.

Why would HSMP JR get their ILR backdated and not people on WP and Tier 1 combination.

When I came to UK in Nov 2004, the residency requiremnts were 4 years and later on they became 5 years. I waited 5 years and due to what ever reasons If i am not able to apply ILR, that does not mean that I should be treated differently then HSMP JR cases.

Can any one throw more light?

I have asked UKBA also about this and waiting answer but I do not think that there should be two standards as at the end of the day , both type of applicant are going for same ILR and benefits.

joh118
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Post by joh118 » Mon Mar 08, 2010 10:06 pm

John wrote:Actually I should have added, as long as the issue of the ILR was not delayed by the applicant, for example being asked for additional information and not responding to the request on a timely basis.

Apart from that, yes the Naturalisation can be applied for 15 months after the application for the ILR.
I never knew that! Do you have any links to their website to prove this? or is it just a rue.

bani
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Post by bani » Mon Mar 08, 2010 10:18 pm

n_sharma50 wrote:Ok, Thanks for responding people.

However, I do not understand why home office will have two process for ILR.

Why would HSMP JR get their ILR backdated and not people on WP and Tier 1 combination.

When I came to UK in Nov 2004, the residency requiremnts were 4 years and later on they became 5 years. I waited 5 years and due to what ever reasons If i am not able to apply ILR, that does not mean that I should be treated differently then HSMP JR cases.

Can any one throw more light?

I have asked UKBA also about this and waiting answer but I do not think that there should be two standards as at the end of the day , both type of applicant are going for same ILR and benefits.
It's a very long story. That involved many court cases, letters, and many, many people, it sounds like you weren't one of us. But in summary-
1. HSMP JR was won because UKBA wrote something in the 2003 HSMP guidance notes that meant they could not change ILR eligibility for HSMP folks. UKBA lost the case, were ordered to backdate ILR for HSMP folks who spent 4 years in UK (who applied prior to 3 April 2006).
2. HSMP folks did ask UKBA that they also apply the JR to people on WP and Ancestry visas prior to 3 April 2006, UKBA said no.

Hence, the two standards.

oluwa112
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Post by oluwa112 » Tue Mar 09, 2010 12:29 am

joh118 wrote:
John wrote:Actually I should have added, as long as the issue of the ILR was not delayed by the applicant, for example being asked for additional information and not responding to the request on a timely basis.

Apart from that, yes the Naturalisation can be applied for 15 months after the application for the ILR.
I never knew that! Do you have any links to their website to prove this? or is it just a rue.
Yeah i looked it up! Its is Official, its on UKBA website: http://www.ukba.homeoffice.gov.uk/briti ... trictions/
~you made a successful application for indefinite leave to remain more than 15 months before your naturalisation application but the decision on your application was delayed due to something that was not your fault~

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