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Clarification on ILR eligibility : 28 days calculation ( visa issue date or date of entry in the UK )

Posted: Thu Jul 05, 2018 11:08 am
by sriaccount
I'm currently on Tier-2 General visa and will be applying for ILR this year, but have a question regarding when is the earliest I can apply - is it 28 days before the entry clearance granted or 28 days before I arrived in UK?

Details:
Visa Granted - 05/Dec/2013
UK Arrival - 12/Jan/2014

Question - What is the earliest Date I am eligible to apply for ILR is
05/Dec/2018(Visa Granted) minus 28 days?
OR
12/Jan/2019(UK arrival) minus 28 days?

Please help me on this.

Thanks

Re: Clarification on ILR eligibility : 28 days calculation ( visa issue date or date of entry in the UK )

Posted: Thu Jul 05, 2018 11:25 am
by Akorotaeva
Visa grant time.

Re: Clarification on ILR eligibility : 28 days calculation ( visa issue date or date of entry in the UK )

Posted: Thu Jul 05, 2018 1:00 pm
by sriaccount
Tha
Akorotaeva wrote:
Thu Jul 05, 2018 11:25 am
Visa grant time.
Thanks mate. That means I will be eligible Visa grant date+5years-28 days.

Date Of Application - ILR

Posted: Mon Oct 15, 2018 12:34 pm
by sriaccount
Hello All,

I have a query on the date of my application of ILR. As per the policy, we can apply 28 days before the completion of the 5 years of the continuous period. Is this date of application calculated till the date of your online application where you book the fees or is it till the date have your appointment to submit your documents at premium service?

My appointment on 14 November
Application date on the online form 5th October
28 days qualifying period starts on 8th November

Please help with this.

Re: Date Of Application - ILR

Posted: Mon Oct 15, 2018 12:52 pm
by CR001
Date of application is the premium service appointment date.

Re: Date Of Application - ILR

Posted: Mon Oct 15, 2018 1:40 pm
by sriaccount
Many Thanks

Re: Date Of Application - ILR

Posted: Wed Oct 17, 2018 8:15 pm
by sriaccount
CR001 wrote:
Mon Oct 15, 2018 12:52 pm
Date of application is the premium service appointment.
I found the following information from Immigrations rules so a bit worried.

Date an application (or variation of an application) for leave to remain is made
34G. For the purposes of these rules, the date on which an application (or a variation of application in accordance with paragraph 34E) is made is:
(i) where the application form is sent by post by Royal Mail, the date of posting as shown on the tracking information provided by Royal Mail or, if not tracked, by the postmark date on the envelope; or
(ii) where the application is made on a paper application form and is submitted in person, the date on which it is received at a Home Office premium service centre; or
(iii) where the paper application form is sent by courier, or other postal services provider, the date on which it is delivered to the Home Office; or
(iv) where the application is made via the online application process, the date on which the online application is submitted whether or not a subsequent appointment is made at a Home Office premium service centre.

I am eligible for the date of Premium Service appointment, will they reject my application for this?
What is the worst case scenario? Please help me on this?

Re: Date Of Application - ILR

Posted: Thu Oct 18, 2018 7:25 am
by sriaccount
Does Home office considers the online application submission date to calculate the 5 year eligibility or the Premium appointment date?

I am eligible on premium appointment date but submitted the online application early to book the slots.

If I attend the appointment will they refuse my application on this reason?

Please help me with this. Really worried about it

Many Thanks

Re: Date Of Application - ILR

Posted: Thu Oct 18, 2018 7:52 am
by CR001
CR001 wrote:
Mon Oct 15, 2018 12:52 pm
Date of application is the premium service appointment date.

Re: Date Of Application - ILR

Posted: Thu Oct 18, 2018 11:03 am
by sriaccount
Apologies, i know you have replied this earlier but i couldn't find any source.
If they refuse my application, on what basis I should appeal them for this.

Hope you understand my situation.

Many Thanks,
Sri

Re: Date Of Application - ILR

Posted: Thu Oct 18, 2018 11:09 am
by CR001
For goodness sake, date of appointment is the Premium service appointment as MANY members have posted in the last couple of months, as it has always been for in person appointments!!!

Just one recent example of booking in August and applying in person in October by user deelazam !!!

indefinite-leave-to-remain/successful-p ... l#p1691459

BTW, there are no appeal rights for PBS route applications.

Re: Date Of Application - ILR

Posted: Thu Oct 18, 2018 11:36 am
by sriaccount
CR001 wrote:
Thu Oct 18, 2018 11:09 am
For goodness sake, date of appointment is the Premium service appointment as MANY members have posted in the last couple of months, as it has always been for in person appointments!!!

Just one recent example of booking in August and applying in person in October by user deelazam !!!

indefinite-leave-to-remain/successful-p ... l#p1691459

BTW, there are no appeal rights for PBS route applications.
Thank you for this. Let's see what's in store for me. If i don't appeal then I need to wait for couple of more months and apply again. All I lose is £3000

Re: Date Of Application - ILR

Posted: Thu Oct 18, 2018 11:36 am
by CR001
sriaccount wrote:
Thu Oct 18, 2018 11:36 am
CR001 wrote:
Thu Oct 18, 2018 11:09 am
For goodness sake, date of appointment is the Premium service appointment as MANY members have posted in the last couple of months, as it has always been for in person appointments!!!

Just one recent example of booking in August and applying in person in October by user deelazam !!!

indefinite-leave-to-remain/successful-p ... l#p1691459

BTW, there are no appeal rights for PBS route applications.
Thank you for this. Let's see what's in store for me. If i don't appeal then I need to wait for couple of more months and apply again. All I lose is £3000

Re: Date Of Application - ILR

Posted: Thu Oct 18, 2018 11:38 am
by sriaccount
found this online
I found the following information
Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application
Source:https://assets.publishing.service.gov.u ... .0-EXT.pdf
page number:9

Re: Date Of Application - ILR

Posted: Thu Oct 18, 2018 11:40 am
by sriaccount
CR001 wrote:
Thu Oct 18, 2018 11:36 am
sriaccount wrote:
Thu Oct 18, 2018 11:36 am
CR001 wrote:
Thu Oct 18, 2018 11:09 am
For goodness sake, date of appointment is the Premium service appointment as MANY members have posted in the last couple of months, as it has always been for in person appointments!!!

Just one recent example of booking in August and applying in person in October by user deelazam !!!

indefinite-leave-to-remain/successful-p ... l#p1691459

BTW, there are no appeal rights for PBS route applications.
Thank you for this. Let's see what's in store for me. If i don't appeal then I need to wait for couple of more months and apply again. All I lose is £3000
Yes, I don't have appeal right but I have my current visa until 9-06-2019 so i can apply again after 45 days. This is the worst case scenaion.

Re: Date Of Application - ILR

Posted: Wed Nov 14, 2018 11:44 am
by sriaccount
Many Thanks CR001 today I have been granted my ILR.
Thanks for your support.

Re: Date Of Application - ILR

Posted: Wed Nov 14, 2018 2:49 pm
by amzisib
sriaccount wrote:
Wed Nov 14, 2018 11:44 am
Many Thanks CR001 today I have been granted my ILR.
Thanks for your support.
Hello Sriaccount , congratulations on getting your ILR application completed successfully.
Could you please guide me if you had to provide anything special like a covering letter or something as I am also in a similar situation :

Date of Online Application : 8th October 2018
Date of Appointment : 19th November 2018
Day when my Qualifying period starts ( i.e. 28 days before I complete total 5 years) : 6th November 2018.

I am extremely nervous about my appointment, as this date of online application vs date of appointment issue is very troublesome.
Thanks

Re: Date Of Application - ILR

Posted: Wed Nov 14, 2018 2:51 pm
by CR001
amzisib wrote:
Wed Nov 14, 2018 2:49 pm
sriaccount wrote:
Wed Nov 14, 2018 11:44 am
Many Thanks CR001 today I have been granted my ILR.
Thanks for your support.
Hello Sriaccount , congratulations on getting your ILR application completed successfully.
Could you please guide me if you had to provide anything special like a covering letter or something as I am also in a similar situation :

Date of Online Application : 8th October 2018
Date of Appointment : 19th November 2018
Day when my Qualifying period starts ( i.e. 28 days before I complete total 5 years) : 6th November 2018.

I am extremely nervous about my appointment, as this date of online application vs date of appointment issue is very troublesome.
Thanks
indefinite-leave-to-remain/submitted-da ... l#p1704119
sriaccount wrote:
Wed Nov 14, 2018 11:42 am
Date of Premium service appointment is your date of application. My ILR just approved today
I have submitted online application on 5th October but I am eligible from 6th November for ILR so I have booked my premium appointment on 14th November.

Many thanks for all your support from this Group

Re: Date Of Application - ILR

Posted: Wed Nov 14, 2018 5:18 pm
by amzisib
CR001 wrote:
Wed Nov 14, 2018 2:51 pm
amzisib wrote:
Wed Nov 14, 2018 2:49 pm
sriaccount wrote:
Wed Nov 14, 2018 11:44 am
Many Thanks CR001 today I have been granted my ILR.
Thanks for your support.
Hello Sriaccount , congratulations on getting your ILR application completed successfully.
Could you please guide me if you had to provide anything special like a covering letter or something as I am also in a similar situation :

Date of Online Application : 8th October 2018
Date of Appointment : 19th November 2018
Day when my Qualifying period starts ( i.e. 28 days before I complete total 5 years) : 6th November 2018.

I am extremely nervous about my appointment, as this date of online application vs date of appointment issue is very troublesome.
Thanks
indefinite-leave-to-remain/submitted-da ... l#p1704119
sriaccount wrote:
Wed Nov 14, 2018 11:42 am
Date of Premium service appointment is your date of application. My ILR just approved today
I have submitted online application on 5th October but I am eligible from 6th November for ILR so I have booked my premium appointment on 14th November.

Many thanks for all your support from this Group
Thanks for the information
So that means I directly go through my application and appointment.hope it is a smooth ride :)

Re: Date Of Application - ILR

Posted: Mon Nov 19, 2018 1:05 pm
by amzisib
Thanks for support. ILR application successful.
Date of online application : 08/10/2018
Date of PSC appointment 19/11/2018
Appointment took approx 1.5 hours
Very smooth process

Re: Date Of Application - ILR

Posted: Mon Nov 19, 2018 8:14 pm
by oldmankensey
amzisib wrote:
Mon Nov 19, 2018 1:05 pm
Thanks for support. ILR application successful.
Date of online application : 08/10/2018
Date of PSC appointment 19/11/2018
Appointment took approx 1.5 hours
Very smooth process
what Tier are you?

Re: Date Of Application - ILR

Posted: Tue Nov 20, 2018 10:49 am
by amzisib
ILR application from Tier 2 General

Re: Date Of Application - ILR

Posted: Fri Nov 30, 2018 12:57 pm
by yasheerkhan
Hi amzisib,

Can you please confirm if you submitted any cover letter along with your application for explaining date issue?
I am in the same situation I have applied for ILR.
Service Type: New Premium service
Date of online application: 28 Nov 2018
Day when my Qualifying period starts (i.e. 28 days before I complete total 5 years): 11th Dec 2018.
Date of appointment: 13 Dec 2018

Thanks

Re: Date Of Application - ILR

Posted: Fri Nov 30, 2018 1:30 pm
by rahuldwh2000
Hi Amzisib

Your 'Day when my Qualifying period starts ( i.e. 28 days before I complete total 5 years) : 6th November 2018' was based on initial visa issue date or your first UK arrival date?

Thanks
R

Re: Date Of Application - ILR

Posted: Fri Nov 30, 2018 2:13 pm
by ilovethebeatles
This is a risk and I know at least one member being in the same situation as yours having had to cancel the application (then claim for refund) and re-applying within 28 days of qualifying period. He did that for peace of mind. The decision is at the casework's discretion because I know they could choose either the application date, the decision date or up to 28 days after the application date.
yasheerkhan wrote:
Fri Nov 30, 2018 12:57 pm
Hi amzisib,

Can you please confirm if you submitted any cover letter along with your application for explaining date issue?
I am in the same situation I have applied for ILR.
Service Type: New Premium service
Date of online application: 28 Nov 2018
Day when my Qualifying period starts (i.e. 28 days before I complete total 5 years): 11th Dec 2018.
Date of appointment: 13 Dec 2018

Thanks