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ILR Eligibily

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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geethachelliah
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ILR Eligibily

Post by geethachelliah » Wed Jul 14, 2010 1:17 pm

Hello,

My Tier - 1 visa was issued on 29 th Aug 2008 and I have entered UK on Sep 29th 2008.By current rule ,I'm eligible to apply ILR on 1st of Sep 2013 which is 28 days before my 5th Anniversary. 31st Aug and 1 St Sep 2013 falls on Saturday and sunday.
I'm missing just 1 day 30 th august .Do I need to go for another extension or can I apply ILr on 29th August (based on current rule)?

Regards,
GC

geriatrix
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Post by geriatrix » Wed Jul 14, 2010 1:44 pm

If your visa was issued on 29-Aug-08, then in all probability UKBA will issue you an extension (as and when you apply and are granted) valid until 28/29-Aug-13. In this case, you'll need to apply for another extension before you become eligible for ILR and apply for it (assuming current rules remain unchanged in 2013). Assuming you have already received extension valid until 30-Aug-13, even then you'll need to apply for an extension before you can apply for ILR.

This said, if govt. goes ahead with implementing probationary citizenship rules in July 2011, then you'll need to apply for probationary citizenship. Eligibility criteria for this are not yet certain.



regards

geethachelliah
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Post by geethachelliah » Wed Jul 14, 2010 2:08 pm

Thanks sushdmehta.
Is ILR eligiblity 4 years 11 months or 28 days before 5 years as of current rule?

geriatrix
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Post by geriatrix » Wed Jul 14, 2010 2:20 pm

The eligibility is 5 years stay in the UK, not a day less (unless you're applying as a partner / spouse, then 3 years)! However, UKBA allows applications to be submitted early - but no earlier than 28 days before completing the 3rd/5th anniversary (i.e.- becoming eligible for ILR).

regards

amirbashir
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Post by amirbashir » Thu Jul 15, 2010 11:15 am

sushdmehta wrote:
If govt. goes ahead with implementing probationary citizenship rules in July 2011, then you'll need to apply for probationary citizenship. Eligibility criteria for this are not yet certain.
regards
Ref to url below:

http://webarchive.nationalarchives.gov. ... nts-earned

The government will continue to meet its obligations to migrants who entered the United Kingdom on the Highly Skilled Migrant Programme (HSMP) and had a legitimate expectation that they would be able to apply for and be granted indefinite leave to remain, in accordance with the Immigration Rules that were in place when they applied to the HSMP.

I entered on HSMP visa in 2008. I will be eligible to apply for ILR in 2013. Considering above paragraph will I be eligible for ILR or I have to go for probationary citizenship?

geriatrix
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Post by geriatrix » Thu Jul 15, 2010 11:37 am

amirbashir wrote:will I be eligible for ILR or I have to go for probationary citizenship?
IMHO, probationary citizenship. Reading this post should help.


regards

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