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Settlement (ILR) 6 days before expiry

Posted: Mon Oct 16, 2017 10:14 am
by krisbol17
I'm applying for settlement (ILR) based on 2x 3 year DLR outside immigration rules. When checking on Gov website, it recommends that I use the FLR(DL) form which costs £2,297 now as my current leave expires on 18 Dec.

I have a couple of issues I want to clarify:

1) I'm travelling to Mauritius (not my country of origin) on 23 Nov where I will propose to my gf and coming back to Gatwick on Tue 12 Dec.

Is it too late to apply (4 working days before expiry)? Technically I will still have the right to be in the UK and also it will be within 1 month of expiry of current leave which is what they recommend. I'm just a bit concerned that UKBA might say they never received my application on time or something like that. I will have everything in an envelope already ready to post on that same Tue 12 after arrival at Gatwick by recorded delivery (and paying by Direct Debit).

I certainly didn't want to apply before travelling on 23 Nov as I've read you shouldn't leave the UK as your application is being processed and I wouldn't have my BRP with me on my way back.

2) On the form, "Section 2 - Which Category", my application is neither UASC nor on "Human Rights" so it's for other "purpose/reason". The form goes on to say:

"If you are applying for further leave or settlement for other reasons you must briefly explain why
below. You will also need to provide a letter or other document explaining in more detail why you are
applying including any exceptional circumstances.
"

Now my issue is both DLRs didn't mention any reason for granting apart from the first one which said "for a reason outside immigration rules", second one never gave a reason so my question is what am I supposed to give as reason? Criteria which granted me the first 2 DLR still apply? My circumstances which led to both DLR haven't changed...? I'm not using a lawyer due to cost so I want to find out what others have put in this section or suggestions.

Background
--------------
Male in late 20s (British gf for just over a year)
Been in UK since Sept 2004
First DLR granted in Sept 2011 (which allowed me to go to Uni - paid fees myself)
Second DLR granted in Dec 2014
Graduate Civil Engineer (permanent with company since last year July)
Passed Life In The UK test a month ago
No criminal records or any court issues whatsoever
Full UK Driving Licence

Summary
-----------

1) What risk am I taking by applying for settlement on 12 Dec when the current one expires on 18 Dec?

2) What reason should I give for them to grant me settlement?

Many thanks.

Re: Settlement (ILR) 6 days before expiry

Posted: Mon Oct 16, 2017 11:00 am
by iworker
no risk at all. you are allowed to apply even on the day of your visa expires.

Re: Settlement (ILR) 6 days before expiry

Posted: Mon Oct 16, 2017 12:43 pm
by CMOSUK
krisbol17 wrote:
Mon Oct 16, 2017 10:14 am
I'm applying for settlement (ILR) based on 2x 3 year DLR outside immigration rules. When checking on Gov website, it recommends that I use the FLR(DL) form which costs £2,297 now as my current leave expires on 18 Dec.

I have a couple of issues I want to clarify:

1) I'm travelling to Mauritius (not my country of origin) on 23 Nov where I will propose to my gf and coming back to Gatwick on Tue 12 Dec.

Is it too late to apply (4 working days before expiry)? Technically I will still have the right to be in the UK and also it will be within 1 month of expiry of current leave which is what they recommend. I'm just a bit concerned that UKBA might say they never received my application on time or something like that. I will have everything in an envelope already ready to post on that same Tue 12 after arrival at Gatwick by recorded delivery (and paying by Direct Debit).

I certainly didn't want to apply before travelling on 23 Nov as I've read you shouldn't leave the UK as your application is being processed and I wouldn't have my BRP with me on my way back.

2) On the form, "Section 2 - Which Category", my application is neither UASC nor on "Human Rights" so it's for other "purpose/reason". The form goes on to say:

"If you are applying for further leave or settlement for other reasons you must briefly explain why
below. You will also need to provide a letter or other document explaining in more detail why you are
applying including any exceptional circumstances.
"

Now my issue is both DLRs didn't mention any reason for granting apart from the first one which said "for a reason outside immigration rules", second one never gave a reason so my question is what am I supposed to give as reason? Criteria which granted me the first 2 DLR still apply? My circumstances which led to both DLR haven't changed...? I'm not using a lawyer due to cost so I want to find out what others have put in this section or suggestions.

Background
--------------
Male in late 20s (British gf for just over a year)
Been in UK since Sept 2004
First DLR granted in Sept 2011 (which allowed me to go to Uni - paid fees myself)
Second DLR granted in Dec 2014
Graduate Civil Engineer (permanent with company since last year July)
Passed Life In The UK test a month ago
No criminal records or any court issues whatsoever
Full UK Driving Licence

Summary
-----------

1) What risk am I taking by applying for settlement on 12 Dec when the current one expires on 18 Dec?

2) What reason should I give for them to grant me settlement?

Many thanks.
Is your DLR based on a failed asylum application?
If not, then you can apply using form
SET(O]

Re: Settlement (ILR) 6 days before expiry

Posted: Tue Oct 17, 2017 7:29 am
by krisbol17
Yes @CMOSUK, it's based on a failed asylum application made back in 2004, long story short case went to the legacy backlog and using my local MP at the time we managed to get the first DLR outisde immigration rules in Sept 2011.

I have read here enough as well as the Gov website to know that it's FLR(DL). I have read here too that some people have risked using the SET(O) route but I don't wanna risk it. Don't mind waiting for a few months up to 6 months to hopefully get ILR.

Thanks @iworker. I thought although it's within a month (28 days), you have to do it like a couple of weeks before to give them enough time to receive and acknowledge your application BEFORE it expires.

Anyway, I'm sure I might be questioned at the airport but as long as I know that everything will check out (my employment for which I will have an annual leave letter, proof address, proof of DLR etc), I'm not too worried.

Thanks both for your replies.

Re: Settlement (ILR) 6 days before expiry

Posted: Tue Oct 17, 2017 8:02 am
by iworker
you wont be questioned. Neither it is a problem submitting it on last day

Re: Settlement (ILR) 6 days before expiry

Posted: Thu Mar 29, 2018 3:15 pm
by pattelraja
krisbol17 wrote:
Mon Oct 16, 2017 10:14 am
I'm applying for settlement (ILR) based on 2x 3 year DLR outside immigration rules. When checking on Gov website, it recommends that I use the FLR(DL) form which costs £2,297 now as my current leave expires on 18 Dec.

I have a couple of issues I want to clarify:

1) I'm travelling to Mauritius (not my country of origin) on 23 Nov where I will propose to my gf and coming back to Gatwick on Tue 12 Dec.

Is it too late to apply (4 working days before expiry)? Technically I will still have the right to be in the UK and also it will be within 1 month of expiry of current leave which is what they recommend. I'm just a bit concerned that UKBA might say they never received my application on time or something like that. I will have everything in an envelope already ready to post on that same Tue 12 after arrival at Gatwick by recorded delivery (and paying by Direct Debit).

I certainly didn't want to apply before travelling on 23 Nov as I've read you shouldn't leave the UK as your application is being processed and I wouldn't have my BRP with me on my way back.

2) On the form, "Section 2 - Which Category", my application is neither UASC nor on "Human Rights" so it's for other "purpose/reason". The form goes on to say:

"If you are applying for further leave or settlement for other reasons you must briefly explain why
below. You will also need to provide a letter or other document explaining in more detail why you are
applying including any exceptional circumstances.
"

Now my issue is both DLRs didn't mention any reason for granting apart from the first one which said "for a reason outside immigration rules", second one never gave a reason so my question is what am I supposed to give as reason? Criteria which granted me the first 2 DLR still apply? My circumstances which led to both DLR haven't changed...? I'm not using a lawyer due to cost so I want to find out what others have put in this section or suggestions.

Background
--------------
Male in late 20s (British gf for just over a year)
Been in UK since Sept 2004
First DLR granted in Sept 2011 (which allowed me to go to Uni - paid fees myself)
Second DLR granted in Dec 2014
Graduate Civil Engineer (permanent with company since last year July)
Passed Life In The UK test a month ago
No criminal records or any court issues whatsoever
Full UK Driving Licence

Summary
-----------

1) What risk am I taking by applying for settlement on 12 Dec when the current one expires on 18 Dec?

2) What reason should I give for them to grant me settlement?

Many thanks.
Hi,
I could not find has replied to your specific questions, by the way, since I'm in the same situation would you mind sharing the way you handled it please? what option did you chose? and how did you explain in more detail please?

Re: Settlement (ILR) 6 days before expiry

Posted: Fri Mar 30, 2018 10:03 am
by krisbol17
I chose the "other purpose" reason and I just explained on the cover letter it is because i have completed 6 years of discretionary leave (i gave the dates) and i attached the two letters that granted me DLRs in my list of attached documents. I posted on 12 Dec and got the biometric letter on Jan 16. Now just waiting.

Re: Settlement (ILR) 6 days before expiry

Posted: Fri Mar 30, 2018 12:06 pm
by pattelraja
Thank you very much for sharing your experience, wish you all the best and hope you would get your ILR soon.

Re: Settlement (ILR) 6 days before expiry

Posted: Sun Apr 08, 2018 8:52 am
by abbeyisa2018
@ krisbol17, Any good news about your application? I have a similar issue

I will really appreciate your update.

Thx.

Re: Settlement (ILR) 6 days before expiry

Posted: Sun Apr 08, 2018 9:43 am
by krisbol17
Not really, just waiting to be honest. 12 April will be exactly 4 months since I applied. I'm hoping to hear something in the next 3 weeks. I mean I was already prepared to wait ~ 6 months.

Re: Settlement (ILR) 6 days before expiry

Posted: Sun Apr 08, 2018 5:30 pm
by abbeyisa2018
@krisbol17 Thank you for the update.

Re: Settlement (ILR) 6 days before expiry

Posted: Mon May 21, 2018 5:39 pm
by abbeyisa2018
@krisbol17 Any luck with your application?