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Problem when applying for ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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rackspace
Newbie
Posts: 30
Joined: Fri Mar 26, 2010 11:55 am

Problem when applying for ILR

Post by rackspace » Thu Apr 01, 2010 10:49 am

I read some where that I can face problems when applying for ILR if I have not entered in UK within 28 days of Visa grant.
Is it true and if yes, why so?

mochyn
Diamond Member
Posts: 1038
Joined: Wed Dec 09, 2009 10:02 pm

Post by mochyn » Thu Apr 01, 2010 11:40 am

if your visa is valid for only 24 months for example it will expire before you can apply for ILR which you can do 28 days before the end of the 2 year period

Sammie
Member
Posts: 191
Joined: Tue Mar 04, 2008 4:11 pm
Location: Central England

Post by Sammie » Thu Apr 01, 2010 12:14 pm

rackspace wrote:I read some where that I can face problems when applying for ILR if I have not entered in UK within 28 days of Visa grant.
Is it true and if yes, why so?
mochyn wrote:if your visa is valid for only 24 months for example it will expire before you can apply for ILR which you can do 28 days before the end of the 2 year period
Previously, the HO did not accept ILR applications until you had reached 28 days before acheiving 2 years in the UK.. (ie, if you landed in UK March 29th 2008, you could not send off application before 1st March 2010). But if you entered the UK more than 28 days after the visa issued, your visa will expire before you reach the point where you have 28 days before your 2year anniversary.. HOWEVER, I believe there is a concession (and someone correct me if I am wrong) in place whereby as long as you send off the application before the current visa expires, the HO will hold the application and will only deal with it once you have reached 28 days before your 2year anniversary. I hope that makes sense..

If you give us some dates on when your visa was issued and when you entered the UK, we can advise you further..
Visa: Spouse
Submitted: 12/03/08 (Mirpur VAC, PAkistan)
Time Elapsed:10 Working Days
Result: VISA ISSUED 28/03/2008
ILR App: 18/03/2010-28/03/2010
ILR App Sent: 25/03/2010
ILR Received: 30/07/2010 - YAY!!

Danbrix
Member
Posts: 150
Joined: Wed Oct 01, 2008 12:54 pm

Post by Danbrix » Thu Apr 01, 2010 12:36 pm

Just to reiterate what Sammie said, here is the link to the info if you delayed your entry
UKBA wrote:Applying to settle here if you delayed your entry to the UK

If you were given permission to enter the UK as a husband, wife, civil partner or unmarried/same-sex partner but you then delayed your travel to the UK by up to three months, you can apply to live here permanently using application form SET(M) shortly before your permission to enter ends. As long as you meet the other requirements of the rules, we will put your application on hold until you have completed your two-year qualifying period in the UK.

rackspace
Newbie
Posts: 30
Joined: Fri Mar 26, 2010 11:55 am

Post by rackspace » Thu Apr 01, 2010 12:42 pm

Sammie wrote:
Previously, the HO did not accept ILR applications until you had reached 28 days before acheiving 2 years in the UK.. (ie, if you landed in UK March 29th 2008, you could not send off application before 1st March 2010). But if you entered the UK more than 28 days after the visa issued, your visa will expire before you reach the point where you have 28 days before your 2year anniversary.. HOWEVER, I believe there is a concession (and someone correct me if I am wrong) in place whereby as long as you send off the application before the current visa expires, the HO will hold the application and will only deal with it once you have reached 28 days before your 2year anniversary. I hope that makes sense..

If you give us some dates on when your visa was issued and when you entered the UK, we can advise you further..
And what happens when visa will expire.
Do I have to leave the coutnry immediately?
Or I can stay until the decision for visa comes?
And does above information holds true for Tier 1 visa too?

Sammie
Member
Posts: 191
Joined: Tue Mar 04, 2008 4:11 pm
Location: Central England

Post by Sammie » Thu Apr 01, 2010 12:49 pm

rackspace wrote:
Sammie wrote:
Previously, the HO did not accept ILR applications until you had reached 28 days before acheiving 2 years in the UK.. (ie, if you landed in UK March 29th 2008, you could not send off application before 1st March 2010). But if you entered the UK more than 28 days after the visa issued, your visa will expire before you reach the point where you have 28 days before your 2year anniversary.. HOWEVER, I believe there is a concession (and someone correct me if I am wrong) in place whereby as long as you send off the application before the current visa expires, the HO will hold the application and will only deal with it once you have reached 28 days before your 2year anniversary. I hope that makes sense..

If you give us some dates on when your visa was issued and when you entered the UK, we can advise you further..
And what happens when visa will expire.
Do I have to leave the coutnry immediately?
Or I can stay until the decision for visa comes?
And does above information holds true for Tier 1 visa too?
1. If no application for extention of stay is made, you would have effectively overstayed..

2. Yes, to avoid overstaying, but not neccessarily.... There have been some cases where people have overstayed (under certain circumstances) and still been issued ILR..

3. If an application has been made for extension/ILR then you are not classed as an overstayer and you can stay..

4. Not sure.. Have a look here for further info: http://www.bia.homeoffice.gov.uk/settle ... tiontypes/

What is your current Visa status? WP, Spouse, Student?.. What are your entry and visa issue/expiry dates?..
Visa: Spouse
Submitted: 12/03/08 (Mirpur VAC, PAkistan)
Time Elapsed:10 Working Days
Result: VISA ISSUED 28/03/2008
ILR App: 18/03/2010-28/03/2010
ILR App Sent: 25/03/2010
ILR Received: 30/07/2010 - YAY!!

rackspace
Newbie
Posts: 30
Joined: Fri Mar 26, 2010 11:55 am

Post by rackspace » Thu Apr 01, 2010 12:59 pm

I am going to apply as soon as changes are implemented for Tier 1 visa on April 6. I currently doesnot have any visa.
But I was thinking not to go immediately but to delay my visit to UK atleast for a year.
This will give me time to first try and search for job from my home country and then if I fail to find job like this, I will go to UK and try to find one.
But if I can face problem later on, I can change my plans and go to UK sooner.

mochyn
Diamond Member
Posts: 1038
Joined: Wed Dec 09, 2009 10:02 pm

Post by mochyn » Thu Apr 01, 2010 4:02 pm

You are expected to travel as soon as possible after the visa is issued

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