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ILR - 15days short to complete 5 years

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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JK2010
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ILR - 15days short to complete 5 years

Post by JK2010 » Fri Feb 22, 2013 11:39 am

Hi,

Would like to know, if I am eligible to apply for ILR or should I have to go for an extension of current visa. More details below:

Got Tier 2 dep visa on June 28th 2010- reached UK on June 29th, 2010
Got Tier 1(G) on Nov 27th 2010 - reached UK on Nov 29th 2010- valid upto Nov 27th 2012
Got Tier 2 on Nov 28th 2012 valid upto Nov 15th 2015(am not sure, why he stamped valid to date like that)

If I count my stay from my Tier 1 period, I will be short of 14 days in 2015 to complete 5 years. Can I still go ahead and apply for ILR in 2015 or should I have to ask my company to extend my visa?

Any response is highly appreciated.

Regards
JK

senthilkm
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Post by senthilkm » Fri Feb 22, 2013 12:08 pm

IF YOU ARE ELIGIBLE FOR ILR:
According to the current rule you can apply before 28 days of your current leave expires.

JK2010
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Post by JK2010 » Fri Feb 22, 2013 12:29 pm

Thanks Senthilkm

I know that I can apply 28 days before my current leave expires but my question is am I eligible for ILR?

wpilr_nov12
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Re: ILR - 15days short to complete 5 years

Post by wpilr_nov12 » Fri Feb 22, 2013 12:52 pm

JK2010 wrote:Got Tier 2 dep visa on June 28th 2010- reached UK on June 29th, 2010
Got Tier 1(G) on Nov 27th 2010 - reached UK on Nov 29th 2010- valid upto Nov 27th 2012
Got Tier 2 on Nov 28th 2012 valid upto Nov 15th 2015(am not sure, why he stamped valid to date like that)
You complete your 5 years of formal residency on Nov 29 2015.
However you can count your 5 years from Nov 27 2010, which completes your 5 years on Nov 27 2015. But Nov 28 and 29 in 2015 are weekends.

Based on current rules, you can apply during the last 28 days of your eligibility, say from Nov 1 to keep things simple. But, on the day you apply, you should have a valid leave. So, technically you could apply from Nov 1 (for example) to Nov 15 of 2015.

But before jumping to any decisions, you could investigate if your current expiry date was an error of endorsement.

When did you apply for the second Tier 2 leave? Exact date would be important.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

JK2010
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Joined: Fri Feb 22, 2013 11:27 am

Post by JK2010 » Fri Feb 22, 2013 1:08 pm

Thanks a lot for the reply.

My company has applied Tier2 (G) on 26th Oct, 2012 on behalf of me and the Visa was issued with validity from 27th Nov, 2012 to 14th Nov, 2015.

Could you also let me know how I could investigate if my current expiry date was an error of endorsement or not?

Regards

sheraz7
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Location: UK

Post by sheraz7 » Fri Feb 22, 2013 4:14 pm

28 days before an application for ILR can be sent.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

Gagan1986
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Post by Gagan1986 » Fri Feb 22, 2013 11:36 pm

Need to be in the UK for 4 years and 11 months to be eligible. So you can apply

uksettlement
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Post by uksettlement » Sat Feb 23, 2013 6:31 am

Gagan1986 wrote:Need to be in the UK for 4 years and 11 months to be eligible. So you can apply
Correction need to have a visa for 4 yrs and 11 months b4 applying. As one could have got the visa and travelled 80 days later, he can still apply on the basis of 5 years as per the current rule.
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

Gagan1986
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Post by Gagan1986 » Sat Feb 23, 2013 6:35 am

Correct thats what I was trying to put across, need to have a visa for 4 yrs 11 months under relevant visa category :-)

JK2010
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Post by JK2010 » Mon Feb 25, 2013 9:58 am

Hi All,

Thanks very much for replying to my query. Its much appreciated :D

Regards
JK

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