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Eligible period to ILR
Posted: Thu Mar 14, 2024 1:57 pm
by sumantoomula
Hi All, Any suggestions would be appreciated for my situation regarding the ILR eligibility.
I am in UK since September 2016.
Came to UK first in September 2016 with Tier2 ICT short term visa for 1 year and left August 2017.
Came to Uk second time in October 2017 and got the permission to stay till February 2026.
My first question as I am into 3 categories of visa first year T2 ICT short term and next 4 years T2 ICT long term and remaining 5 (80 days short) years with PBS dependent will the first year also considered for ILR in the 10 years category.
If I calculate the period for both the situations either 10 years route as a whole or 5 years route for PBS dependent I have few days short.
There is 6.5 months short for the 10 years route and 2.5 months short for 5 years skilled worker dependent route, if I consider 28 days period we are eligible to apply for ILR is there any other best way to cover 1.5 months shortage period as there is no possibility to extend the visa only for 1.5 months as I need to pay minimum 3 years visa application fee and IHS charges.
Also my daughter was born here and spent 7 years and eligible for FLR/ILR in month of May 2025 - is there any way I can be eligible on that basis? so looking for suggestions to avoid any visa fees.
Re: Eligible period to ILR
Posted: Thu Mar 14, 2024 2:33 pm
by zimba
When applying for ILR application, the date of ILR application is not important. You should apply before visa expiry and delay your biometrics until the date of ILR eligibility.
See:
How to apply early and benefit from the date of the ILR decision ?
Re: Eligible period to ILR
Posted: Thu Mar 14, 2024 3:43 pm
by sumantoomula
Appreciate your response on this if we delay the bio metrics can I stay in UK as my visa might expire before the bio metrics?
Re: Eligible period to ILR
Posted: Thu Mar 14, 2024 4:30 pm
by sumantoomula
I think we need to give the bio metrics within 28days after the application and I have 80 days short for eligibility so don’t think so it will work out for me ?
Re: Eligible period to ILR
Posted: Thu Mar 14, 2024 4:42 pm
by CR001
sumantoomula wrote: ↑Thu Mar 14, 2024 4:30 pm
I think we need to give the bio metrics within 28days after the application and I have 80 days short for eligibility so don’t think so it will work out for me ?
You have 45 days to do biometrics.
Re: Eligible period to ILR
Posted: Thu Mar 14, 2024 6:13 pm
by zimba
sumantoomula wrote: ↑Thu Mar 14, 2024 3:43 pm
Appreciate your response on this if we delay the bio metrics can I stay in UK as my visa might expire before the bio metrics?
You remain a lawful residence if you apply before visa expiry. The date of biometrics is irrelevant.
Why did you not read what I explained in the link above regarding Section 3C ???
Re: Eligible period to ILR
Posted: Fri Mar 15, 2024 9:02 am
by sumantoomula
Apologies Zimba, I had another look at it yes it clarifies but for my situation as per CR001 response I have to the biometrics within 45 days as I have 80 shortfall so don't think so it will help in my case.
If I file an application on my last date of expiry and do bio metrics on 45th day sill I have 35 days short on the day of bio metrics but not sure when the case worker will pick up my case after bio metrics. If the case works picks it up after 35 days then it makes sense that I will be able to finish my eligible period.
Re: Eligible period to ILR
Posted: Fri Mar 15, 2024 11:00 am
by zimba
Apply using the standard service and you will be fine
Re: Eligible period to ILR
Posted: Fri Mar 15, 2024 5:40 pm
by AmazonianX
sumantoomula wrote: ↑Fri Mar 15, 2024 9:02 am
Apologies Zimba, I had another look at it yes it clarifies but for my situation as per CR001 response I have to the biometrics within 45 days as I have 80 shortfall so don't think so it will help in my case.
If I file an application on my last date of expiry and do bio metrics on 45th day sill I have 35 days short on the day of bio metrics but not sure when the case worker will pick up my case after bio metrics. If the case works picks it up after 35 days then it makes sense that I will be able to finish my eligible period.
That is most likely what will happen if you go with standard service.
Re: Eligible period to ILR
Posted: Sat Mar 16, 2024 2:03 pm
by Carrie9608
CR001 wrote: ↑Thu Mar 14, 2024 4:42 pm
sumantoomula wrote: ↑Thu Mar 14, 2024 4:30 pm
I think we need to give the bio metrics within 28days after the application and I have 80 days short for eligibility so don’t think so it will work out for me ?
You have 45 days to do biometrics.
My personal experience is, you have more than 45 days to do biometrics if you desperately need that extra time. After you submitted the online application, they would urge you to book a biometrics submission within 45 days, AND, following to that date, the sentence was phrased as" we will send you a reminding message if you missed this date". So I thought, why not wait longer, if there is going to be another reminder, it didn't say" your visa application will be withdrawn if you failed to attend an appointment by this date" is it ? I received an email ask me to book a biometrics appointment 2 days after the 45 days deadline. I then immediately booked the appointment for around 27days later... yeah, i do really need some extra time to count into my 10 years long residency IRL after this spouse visa. Everything went smoothly. I gave my biometric on 7th March for Spouse visa ( the initial deadline was 15th Feb). Got my visa approved yesterday 15th March. Only just 1 week. I booked for standard service.
I actually wish so badly the process time could be longer... didn't get what i wished for. Now the new rule came out on 14th March, I heard EA is not going to be lawful staying to count into 10 years residency?
I had a EA between 21st March 2020, til 25th June 2020(the date I submitted my T4 student visa application online) , and got the T4 visa approved on 26th Sep. To my understanding, my staying between 21st March 2020, to 25th June, 2020, would be considered as EA? and my current spouse visa ends on 15th Sep. 2026. if count in the EA time, my 10 years will be qualified on 24th Aug, 2026(count in 28 days earlier). which would have been perfect for me. Now. because of this new rule, I probably need to do what i have done again, delay in giving my biometric information for about 3 months when apply for my IRL in 2026, to make up to this 3 months EA time ? crying....
Re: Eligible period to ILR
Posted: Sat Mar 16, 2024 2:17 pm
by Carrie9608
AmazonianX wrote: ↑Fri Mar 15, 2024 5:40 pm
sumantoomula wrote: ↑Fri Mar 15, 2024 9:02 am
Apologies Zimba, I had another look at it yes it clarifies but for my situation as per CR001 response I have to the biometrics within 45 days as I have 80 shortfall so don't think so it will help in my case.
If I file an application on my last date of expiry and do bio metrics on 45th day sill I have 35 days short on the day of bio metrics but not sure when the case worker will pick up my case after bio metrics. If the case works picks it up after 35 days then it makes sense that I will be able to finish my eligible period.
That is most likely what will happen if you go with standard service.
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I wouldn't suggest her to gambling on this. Because i just got my visa approved within 1 week with standard service. I was even got an email asking for additional document during this 7 days. I submitted the document, got my visa next day... which is not to my wish.
My situation is a lot similar to hers.
Re: Eligible period to ILR
Posted: Mon Mar 18, 2024 10:04 pm
by sumantoomula
So what you are saying you made a application and then waited for 45 days + 27 days in total 72 days for biometrics to cover up? which seems is a good option for me to save the money but I need to wait for 81 days to cover up. In a worst case what will happen will I be asked to return or do I need to be submitting a new application for extension of current visa?