ILR, Qual Period Start/End date, 28 Day rule, Biometrics

Hello,

I am a bit uncertain about my interpretation of the rules and would benefit from the advice of forumites.

I was granted a 3 year student visa for the UK in 2004 (entered UK in Sep 2004) and completed my PhD in 2007. On graduation, I applied for my HSMP Visa from within the UK and the visa was stamped on 6th Sep 2007 and was valid until 6th Sep 2009 (2 years).

I applied for renewal onto the Tier 1 visa on 31st Aug 2009 by post. My Tier 1 visa was stamped on 24th Sep 2009 valid until 24th Sep 2012 (3 years).

I am eligible to apply for ILR at the end of my current Tier 1 Visa and have a few queries in this regard:

1. Question 6.1 on form SET(O): “When did you (the main applicant) first enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based”. My understanding is that in the case of persons who applied for their work visa from within the UK, this date is the date on which the visa was stamped. Therefore, the visa stamp date is the beginning of the qualifying period. In my case this would then be 6th Sep 2007. Is this correct?

2. My understanding is that the period which my visa application was under consideration after the expiry of HSMP and before the Tier-1 visa was stamped (between 6th and 24th Sep 2009) is treated as a continuation of the former immigration category that I was on, i.e. HSMP (From FAQ on UKBA website: What is my Immigration Status while my application is being decided? If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay). My interpretation therefore is that this period counts towards the 5 year qualifying period in my case. Is this correct?

3. 28 day rule – SET(O) Guidance Notes, Section 5 When To Apply states “Please do not apply more than 28 days before completing the qualifying period”. This section does not state if the 28 day rule is applicable for only postal applications, and therefore my understanding is that I can make a premium application (in person) as early as 28 days before completing the qualifying period. Is this correct?

4. If points 1, 2, 3 are all correct interpretations of the rules as they stand; then in my specific case, the qualifying period completes on 6th Sep 2012. Therefore the earliest I can apply is 10th Aug 2012 (not 9th Aug 2012). Is this correct? Also, the last date I can apply for ILR (in person) is 24th Sep 2012, when my Tier-1 visa expires.

5. The written ministerial statement dated 6th Dec 2011 published by the Home Office states that in order to comply with EU regulations, biometric residence permits (BRPs) would become compulsory for all residency applications (including settlement) from 29th Feb 2012. This means that I would need to apply for a BRP. Since I am planning on applying for the Premium Service (at Croydon PEO), will the fingerprints be taken on the same day or would I need to make a separate appointment for biometrics prior to my ILR appointment?


I would be travelling in Aug/Sep 2012 my travel plans are very critical. Therefore an exact interpretation of the rules will help me plan things out. I hope someone can shed light on my questions and validate my assumptions.

Thank you all for your time.

Cheers
Sagar

svaptailr wrote:Hello,

I am a bit uncertain about my interpretation of the rules and would benefit from the advice of forumites.

I was granted a 3 year student visa for the UK in 2004 (entered UK in Sep 2004) and completed my PhD in 2007. On graduation, I applied for my HSMP Visa from within the UK and the visa was stamped on 6th Sep 2007 and was valid until 6th Sep 2009 (2 years).

I applied for renewal onto the Tier 1 visa on 31st Aug 2009 by post. My Tier 1 visa was stamped on 24th Sep 2009 valid until 24th Sep 2012 (3 years).

I am eligible to apply for ILR at the end of my current Tier 1 Visa and have a few queries in this regard:

1. Question 6.1 on form SET(O): “When did you (the main applicant) first enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based”. My understanding is that in the case of persons who applied for their work visa from within the UK, this date is the date on which the visa was stamped. Therefore, the visa stamp date is the beginning of the qualifying period. In my case this would then be 6th Sep 2007. Is this correct?

2. My understanding is that the period which my visa application was under consideration after the expiry of HSMP and before the Tier-1 visa was stamped (between 6th and 24th Sep 2009) is treated as a continuation of the former immigration category that I was on, i.e. HSMP (From FAQ on UKBA website: What is my Immigration Status while my application is being decided? If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay). My interpretation therefore is that this period counts towards the 5 year qualifying period in my case. Is this correct?

3. 28 day rule – SET(O) Guidance Notes, Section 5 When To Apply states “Please do not apply more than 28 days before completing the qualifying period”. This section does not state if the 28 day rule is applicable for only postal applications, and therefore my understanding is that I can make a premium application (in person) as early as 28 days before completing the qualifying period. Is this correct?

4. If points 1, 2, 3 are all correct interpretations of the rules as they stand; then in my specific case, the qualifying period completes on 6th Sep 2012. Therefore the earliest I can apply is 10th Aug 2012 (not 9th Aug 2012). Is this correct? Also, the last date I can apply for ILR (in person) is 24th Sep 2012, when my Tier-1 visa expires.

5. The written ministerial statement dated 6th Dec 2011 published by the Home Office states that in order to comply with EU regulations, biometric residence permits (BRPs) would become compulsory for all residency applications (including settlement) from 29th Feb 2012. This means that I would need to apply for a BRP. Since I am planning on applying for the Premium Service (at Croydon PEO), will the fingerprints be taken on the same day or would I need to make a separate appointment for biometrics prior to my ILR appointment?


I would be travelling in Aug/Sep 2012 my travel plans are very critical. Therefore an exact interpretation of the rules will help me plan things out. I hope someone can shed light on my questions and validate my assumptions.

Thank you all for your time.

Cheers
Sagar

(1) - (4) YES
(5) They would take te Biometrics on the day of appointment if application is successful but would actually send you the Biometrics card by post within 10 days.

@mk357

Many thanks for the lightning fast clarification