start date of ILR

ogh21 · Post by **ogh21** » Wed Sep 04, 2013 6:50 pm

ILR applied on 30th August2012 by post
Bio card received 14th Feb 2013
Email further nationality enquiries, they replied my ILR grant is date I applied for it so today on 4th Sep went to Enfield council to apply for citizenship, they called ukba and were told to apply in feb 2014, I have asked Enfield staff to proceed with the application as I want to base my application on the email received

Just wanted know if I have done the right thing
Thanks

Lucapooka · Post by **Lucapooka** » Wed Sep 04, 2013 7:01 pm

Your ILR date is the day it was granted rather than the date you applied. Unless you are married to a BC you will not be eligible for citixenship until Feb 2014. Seems you have just wasted your money!

ogh21 · Post by **ogh21** » Wed Sep 04, 2013 7:07 pm

But I based my application on the email reply received from Nationality enquiries
''Your ILR grant date will normally be from the date you applied which from the information you have provided would be 30 August 2012. The date of you r leave should show on any documentation or letters you will have received following the approval of your application.

Applicants applying for Naturalisation are advised to do so after holding indefinite leave to remain for a period of at least 12 months, so based on this you should be able to make an application in September 2013.

Please note that the onus is always on the applicant to ensure that they fully meet the requirements for any application as set out in the appropriate guide. All applicants are advised to read the guide thoroughly and make sure they satisfy the requirements before submitting any application.

Yours sincerely

DC01|Customer Service Advisor
Home Office |Immigration and Visas |NW Correspondence Team Department 16|Capital Building|Liverpool|New Hall Place|L3 9PP''

Amber · Post by **Amber** » Wed Sep 04, 2013 7:17 pm

The valid from date for ILR is clearly stated on the BRP under place and date of issue.

Lucapooka · Post by **Lucapooka** » Wed Sep 04, 2013 7:30 pm

Most people who apply by post will wait for long periods. 6 months is not unusual for approval under the 10 year category. However, the date the ilr is granted is never back-dated to the date the application was submitted. Your ilr was approved and granted in Feb and you can apply for BC after 12 months, so next Feb 2014. I have no idea why you were told otherwise in that email and must assume they think you applied and were granted on the same day at the PEO, or they are not competent to respond to such questions.

ogh21 · Post by **ogh21** » Thu Sep 05, 2013 7:47 am

But I applied only because I received this email !

ogh21 · Post by **ogh21** » Thu Sep 05, 2013 9:48 am

''I would like to know when I can apply for my citizenship based on the following:
1. 5 years stay in the UK completed on Tier 1 on 27 Sep 2012
2. ILR applied by post on 30 August 2012.
3. ILR Biometric Card received on 10th February 2013.

Should I apply for citizenship on 10th Feb 2014 or 27 Sep 2013.

If I should apply on 10th Feb 2014 then what was my status in the 5 months from Sep 2012 to Feb 2013 while my application for ILR was being considered and once ILR granted from when it is granted from.''

This is what is asked them and got the above reply

Amber · Post by **Amber** » Thu Sep 05, 2013 10:21 am

D4109125 wrote:The valid from date for ILR is clearly stated on the BRP under place and date of issue.

ogh21 · Post by **ogh21** » Thu Sep 05, 2013 10:59 am

Thanks everyone so far for the valuable comments made so far, I am still not sure why I got a reply from Home Office to say that date applied is the grant date of ILR.........

Lucapooka · Post by **Lucapooka** » Thu Sep 05, 2013 12:14 pm

You still have not said the date of your ILR approval (see post from D4109125) so we can't tell you when exactly 12 months will have passed from that date, but that is the date when you can apply for BC in 2014. If the card came in the post on 10 Feb then one must assume you were approved a short time before that; so why not look at the card?. Your status while you were waiting (and then beyond the expiry date of your previous leave) would have continued to be a PBS migrant and you were limited to the conditions of that leave.

ogh21 · Post by **ogh21** » Thu Sep 05, 2013 1:06 pm

Hi Thanks, but my point is I asked the same question I ave asked on the forum to the Home Office and I got an email from Home Office that I should apply in Sep 2013.

I had told Home Office that I got my card in Feb but they clearly said the grant date is the date I applied.

Now on the forum I am told otherwise

Jambo · Post by **Jambo** » Thu Sep 05, 2013 1:12 pm

ogh21 wrote:on 4th Sep went to Enfield council to apply for citizenship, they called ukba and were told to apply in feb 2013

Why did you choose to take the advice given in an email but not the one given over the phone?

ogh21 · Post by **ogh21** » Thu Sep 05, 2013 1:20 pm

Because advice given on email was in writing and in my opinion written evidence is always better than verbal evidence

Amber · Post by **Amber** » Thu Sep 05, 2013 1:56 pm

Do not proceed with the application.

mirzanaseer79 · Post by **mirzanaseer79** » Thu Sep 05, 2013 2:18 pm

Sometime the adivice given in email is NOT accurate, as NOT all Home office staff are experience in giving the accurate advise required.

I can guartee that, if you re-send the request on email, some other advisor will give different reply to one you got earlier.

ogh21 · Post by **ogh21** » Thu Sep 05, 2013 2:32 pm

Oh no, I am so worried now, I have applied based on the advice now extremly worried about the fate of my application.

Anyway its too late now.

ogh21 · Post by **ogh21** » Thu Sep 05, 2013 2:40 pm

Thanks for your help everyone, really appreciate this forum, I will update as soon as I hear back

Amber · Post by **Amber** » Thu Sep 05, 2013 4:07 pm

If the fees haven't been debited, you could cancel the card used.

neoseal · Post by **neoseal** » Thu Sep 05, 2013 7:59 pm

Have you clarified in a covering letter why you have applied before 12 months on ILR, also have you attached a copy of the email you received? If you have then it can be upon their discretion and if you are really really really really really lucky, they may approve.

Will you dare to go ahead or chicken out....obviously some money at stake...

If chickening out then you can just instruct your card provider not to process the payment or just inform card is lost and get a replacement card.

ogh21 · Post by **ogh21** » Mon Sep 09, 2013 7:10 pm

I have gone ahead .......

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start date of ILR

start date of ILR

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