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Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe
Did you read what I said ???! I said apply before visa expiry and book/delay the appointment until mid-Nov when all of you will be eligible for ILR. As long as you are eligible on the day of the ILR decision, you will be granted ILR. If you have a pending application, you will be covered under Section 3C when your visa lapses.
Zimba wrote: ↑Sun Sep 27, 2020 9:27 pmOnly children do not have the 5-year residence requirement but your wife needs a min of '5 years minus 28 days' from her first visa issue date. Your child however will follow the path of the less-privileged parent. You are all eligible by mid-November. To avoid an extension, I suggest that you apply on the last day of their visa but book the appointment date after the day they become eligible for ILR (mid Nov)
The entry date is irrelevant. It is from their visa issue date, counting 5 years minus 28 days. That is the day they will be eligible. Apply before visa expiry, section 3C comes into effect. This is common knowledge. Time spent under section 3C is counted as lawful valid residence (see section 3C of Immigration Act 1971), that is how they fill up the shortfall at the end of their qualifying period and up to the ILR decision date.Geode wrote: ↑Sun Sep 27, 2020 11:35 pmApologize Simba, I misread that part. That is great!
Just to check my understanding for my dependants’ situation, If their entry clearance were 15th Dec 2015, they entered 2nd Jan 2016 and booking the appointment on the 15th of Nov, their lapses in 5-year qualifying period are covered by section C, in what part of immigration rule? Just wanted to use it as reference.
Thank you for the Section 3C info. At first, I got confused about last minute application and having longer appointment. Having more readings and research, I got your point. Thank you very much for your advise and that is very helpful.Zimba wrote: ↑Mon Sep 28, 2020 2:27 amThe entry date is irrelevant. It is from their visa issue date, counting 5 years minus 28 days. That is the day they will be eligible. Apply before visa expiry, section 3C comes into effect. This is common knowledge. Time spent under section 3C is counted as lawful valid residence (see section 3C of Immigration Act 1971), that is how they fill up the shortfall at the end of their qualifying period and up to the ILR decision date.