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Can I apply while waiting for the BRP to be delivered?

Posted: Sun Jun 03, 2012 12:54 am
by sandsea
Hi all:

I entered UK on 24/June/2002 under student visa. My T4 student visa was rejected on 09/Feb/2012 then I appealed and it has been allowed on 30/April/2012. After searching on the internet I realized that on average it takes up to 3 months or even longer for the BRP to be delivered after winning the appeal.

My question is can I apply the ILR now as in effect I have lawfully continuously lived in UK for 10 years?

I have gone through the SET O form and under section 9 it does mention that the application will not be valid if the BRP is not provided. However it also asks you to provide reasons in case the BRP is not provided.

I am really keen to apply ILR so that I can get it as soon as possible and start working full-time as my financial burdens are increasingly pouring on me. Thank you every one in advance.

Hex :D :D :D

Posted: Sun Jun 03, 2012 8:53 am
by Greenie
It would not be advisable since until you have been issued your BRP technically speaking your appeal has not been implemented and you have not been granted leave to remain. It may just complicate matters unnecessarily. Given that you have just won your tier 4 appeal presumably you have shown that you have sufficient funds to support yourself during your studies.