Immigrationboards.com

Hello,

I have recently received my Tier 2 Extension for myself and both dependants. I am concerned that we fall short of the dates required to apply for ILR in 2021. Here are all the details

01-May-16 Original Application Date outside of UK
13-May-16 BRP Issue Date
27-May-16 Visa Vignette Valid From Date
08-Jun-16 First entry into UK
18-Apr-21 Current Leave Expires

Questions are:
1) With these dates will I qualify for ILR?
2) When is the end of the 5 year period?
3) What date would I be able to apply? (I'm hoping it will be between 3 April and 15 April which will be just before the current leave expires)

I'm battling with interpreting the wording in the Policy guide and I don't have any time or money to make a mistake:
"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"

Thanks in advance for any insight or assistance.

01-May-16 Original Application Date outside of UK
13-May-16 BRP Issue Date
27-May-16 Visa Vignette Valid From Date

What do you mean above by 'BRP Issue date'?? Do you mean it is the date you enrolled your biometrics??

1) With these dates will I qualify for ILR?

Your date for ILR starts from the date your visa vignette was issued, so 27th May and you can apply no sooner than within 28 days before the 5th anniversary of the visa issue date, if you meet all the requirements.

2) When is the end of the 5 year period?

5th anniversary of the initial visa issue date.

3) What date would I be able to apply? (I'm hoping it will be between 3 April and 15 April which will be just before the current leave expires

You can apply no sooner than within 28 days before the 5th anniversary of the visa issue date, if you meet all the requirements.

CR001 wrote: ↑

Fri May 17, 2019 12:10 pm

01-May-16 Original Application Date outside of UK
13-May-16 BRP Issue Date
27-May-16 Visa Vignette Valid From Date

What do you mean above by 'BRP Issue date'?? Do you mean it is the date you enrolled your biometrics??

On the front of the BRP issued to me the 3rd item shows Place and Date of Issue: UK 13-05-2016

The vignette in my passport was an Entry clearance visa valid for 1 month from 27 May to 26 June.

It's all sooo confusing!

Unusual for a BRP card to be dated before the visa vignette.

What did your approval letter state?

What was the start date of your CoS?

Did you state a specific travel date to the UK?

Otherwise if the BRP date is not an error, then that is the date might be able to use.

CR001 wrote: ↑

Fri May 17, 2019 12:22 pm

Unusual for a BRP card to be dated before the visa vignette.

What did your approval letter state?

What was the start date of your CoS?

Did you state a specific travel date to the UK?

Otherwise if the BRP date is not an error, then that is the date might be able to use.

Approval letter - I'll have to check this when I get home tonight but from what I remember the date on there was 13 May 2016. I'll check.

CoS start date was in April 2016. (don't think the HR team and the company quite understood what they were doing to put an unrealistic start date of the same date they applied for the CoS )

My application stated a travel date to the UK of 3 June 2016 and that was purely based on the expected processing times from the date of application.

I'll check the date on the approval letter and get back to you.

Thanks for your help thus far!

13th May and within 28 days before that should be fine then.

Approval letter is dated 12th May 2016. States that the visa was valid from 27 May 16 to 4 May 19.

saustin wrote: ↑

Sat May 18, 2019 7:29 am

Approval letter is dated 12th May 2016. States that the visa was valid from 27 May 16 to 4 May 19.

I'm not able to attach an image of the letter but any thoughts on the dates?

I will be contacting an immigration adviser or solicitor on this which I was really hoping to avoid. Wish there was an app or web page on the gov.uk site to input the relevant dates and have it spit out a yes or no (seek advice maybe) answer.

Thanks again
Sam

Can you type out what the approval letter says??

If the letter states visa start date as 27th May, then that is the date that is relevant.

CR001 wrote: ↑

Mon May 20, 2019 12:25 pm

Can you type out what the approval letter says??

Right here goes: (I've used ... to hide my personal data)

"Name: S...
Date of Birth: ...
Nationality: South Africa

Our Ref: Pretoria\...

12 May 2016

Dear S...

Your application for a UK visa has been successful. This meas that when you arrive in the UK you will have permission to enter as TIER 2 (GENERAL) MIGRANT from 27 May 2016 to 04 May 2019.

What this means for you

Your passport/travel document contains you Visa, with which you can travel to the UK. Your visa is valid for 30 days only."

the rest of the letter is pretty standard and only later on states that my BRP will be available for collection on 03 June.

CR001 wrote: ↑

Mon May 20, 2019 12:25 pm

If the letter states visa start date as 27th May, then that is the date that is relevant.

I get that you think the relevant date is 27th May and if it is then so be it.

What is confusing me is the policy wording. Is it referring to original application date? (01 May 2016?) or ILR application date? Original applidation date of decision (12 May 2016? or ILR date of decision? etc?

https://www.gov.uk/government/publicati ... riod-in-uk
"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"

saustin wrote: ↑

Mon May 20, 2019 1:15 pm

CR001 wrote: ↑

Mon May 20, 2019 12:25 pm

If the letter states visa start date as 27th May, then that is the date that is relevant.

I get that you think the relevant date is 27th May and if it is then so be it.

What is confusing me is the policy wording. Is it referring to original application date? (01 May 2016?) or ILR application date? Original applidation date of decision (12 May 2016? or ILR date of decision? etc?

https://www.gov.uk/government/publicati ... riod-in-uk
"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"

The above is caseworkers guidance link after you’ve applied for ILR.
For you, the only thing matters to apply within 28 days of ur qualify period as that is the rule.