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ILR initial 3 month period
Posted: Tue Feb 04, 2014 11:24 am
by Confused***
Hi
My Huband is on Tier 1 General Visa since June 2009. His current visa expires in April 17th 2014. He is less than 3 months in short to apply for his 5 year ILR Period as he came to UK after two months of the initial grant of the visa.
There are few posts on this website which says he is still eligible for the ILR. However I heard that recently UKBA is strict on this process and this scenario is not valid.
Please guide me whether he can apply or not and also if any links to the UKBA guidence is much appreciated.
Re: ILR initial 3 month period
Posted: Tue Feb 04, 2014 11:26 am
by dk2011
Post entry date and entry clearance date here before someone can answer your query .
Re: ILR initial 3 month period
Posted: Tue Feb 04, 2014 11:27 am
by smartkhan
You shouldn't be confused. As long as your husband entered the UK within 90 days of getting EC he is fine. Go to PEO a week before your husband's current visa expires.
Re: ILR initial 3 month period
Posted: Tue Feb 04, 2014 12:07 pm
by Confused***
Hi,
Many Thanks for your quick response.
Yes he entered within 90 days. I will inform him to get an appointment before a week.
Sadly, my case is that I am on TIER 1 General visa since 4.2 years. Got married 2.6 years ago but dint change the Visa category to dependant. I recently got my TIER 1 extended.
As per my other post, I was recommended not to apply along with him as a dependant
Now I need to wait for another few months and also additional visa fees as I am not applying with him.
I wish I changed my visa category to dependant after marriage.
Re: ILR initial 3 month period
Posted: Tue Feb 04, 2014 12:27 pm
by ScopeD
Confused*** wrote:My Huband is on Tier 1 General Visa since June 2009. His current visa expires in April 17th 2014. He is less than 3 months in short to apply for his 5 year ILR Period as he came to UK after two months of the initial grant of the visa.
There are few posts on this website which says he is still eligible for the ILR. However I heard that recently UKBA is strict on this process and this scenario is not valid.
Please guide me whether he can apply or not and also if any links to the UKBA guidence is much appreciated.
But if his visa started in June 2009, i think April 2014 will be too early for ILR application. I think he should apply for another extension first.
Re: ILR initial 3 month period
Posted: Tue Feb 04, 2014 1:07 pm
by farooqueahsan
Hi there
You must inform the issue date (initial entry clearance date) of your husband's Tier 1 General visa as well. And also, mention when (date) did he actually enter the UK.
Without knowing these, it might be difficult for anyone to give any advice.
Regards
Re: ILR initial 3 month period
Posted: Tue Feb 04, 2014 1:40 pm
by ScopeD
farooqueahsan wrote:Hi there
You must inform the issue date (initial entry clearance date) of your husband's Tier 1 General visa as well. And also, mention when (date) did he actually enter the UK.
Without knowing these, it might be difficult for anyone to give any advice.
Regards
She has stated, however, that the initial EC was June 2009 and that her husband entered the UK two months after the initial EC was issued (less than 90 days). I think these are material points with which it should still be possible to provide her with advice based on them.