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Hi Friends,
My current Tier 1 visa is valid until 24th Jan, 2012. But I am falling short by 71 days due to late entry. Initial visa was issued on 24th Jan, 2007 but I entered UK on 5th April 2007 . According to new rule, caseworker may count the period between visa issue date and actual entrey date if this is lesss than 90days. So my 71 days of shortfall is covered by this new rule. My inquiry is if I can apply at PEO for ILR as I am note sure whether my case is straightforward or not. or, I have to apply in the Post?
Can someone help?
Regards
bhossan

apply ur ilr just week before your expiry of current visa not before 28 days.

fahadz1 wrote:apply ur ilr just week before your expiry of current visa not before 28 days.

dear friend
many thanks for your reply. can I apply at PEO just week before expiry of my visa?

i recommend you apply by post or if you wana take a chance you can go on PEO. up to you

Hi Friend
Yes, I agree with you. It should be better to apply in the post. Just double checking with you if you can help-

Do you think 90 days concession ( adding the the period between visa issue date and entry date if it is less than 90 days and when candidate falls short of 5 years) is discretion by the caseworker or they must follow this rule?

Rgds
Bhossan

bhossan100 wrote:Hi Friend
Yes, I agree with you. It should be better to apply in the post. Just double checking with you if you can help-

Do you think 90 days concession ( adding the the period between visa issue date and entry date if it is less than 90 days and when candidate falls short of 5 years) is discretion by the caseworker or they must follow this rule?

Rgds
Bhossan

as far as I know it is a discretion because it says "may" in the policy document.Moreover, when I talked to some lawyers one said this policy only applies to the people who have been granted a 5 year work permit visa (single one) which was in place before 2007, not if you are on tier-1 and hsmp.I don't know if they are right or not.and what would happen if they deny your application because of this ? do you know if you can extend it instead then within the same application?

Hi Friends,
My current Tier 1 visa is valid until 24th Jan, 2012. But I am falling short by 71 days due to late entry. Initial visa was issued on 24th Jan, 2007 but I entered UK on 5th April 2007 . According to new rule, caseworker may count the period between visa issue date and actual entrey date if this is lesss than 90days. So my 71 days of shortfall is covered by this new rule. My inquiry is if I can apply at PEO for ILR as I am note sure whether my case is straightforward or not. or, I have to apply in the Post?
Can someone help?

I dont see a problem here. 'May' doesnt mean that you are taking a chance, it is the rule and will be applied, you just have to ask for it to be applied. You can do that at PEO and get an instant decision. The worse case scenario is that they will convert it to a postal application and not reject it. Any problem with that?
With only the postal application , you will have 3-6 months waiting time, if youre happy with that time delay apply by post.

gidoc wrote:

Hi Friends,
My current Tier 1 visa is valid until 24th Jan, 2012. But I am falling short by 71 days due to late entry. Initial visa was issued on 24th Jan, 2007 but I entered UK on 5th April 2007 . According to new rule, caseworker may count the period between visa issue date and actual entrey date if this is lesss than 90days. So my 71 days of shortfall is covered by this new rule. My inquiry is if I can apply at PEO for ILR as I am note sure whether my case is straightforward or not. or, I have to apply in the Post?
Can someone help?

I dont see a problem here. 'May' doesnt mean that you are taking a chance, it is the rule and will be applied, you just have to ask for it to be applied. You can do that at PEO and get an instant decision. The worse case scenario is that they will convert it to a postal application and not reject it. Any problem with that?
With only the postal application , you will have 3-6 months waiting time, if youre happy with that time delay apply by post.

Dear Friends

I received following reply from UKBA for my case:
Dear Sir/Madam,
Thank you for your enquiry.
Please be advised that from the information that you have provided, the earliest that you may submit an application for Indefinite Leave to Remain is up to 28 days before the completion of your 5th year, provided you entered the United Kingdom no later than 3 months after
your Entry Clearance / Leave to Remain was granted.

In order to apply, you will need the application form SET(O) and guidance notes which can be downloaded from the UK Border Agency website at: www.ukba.homeoffice.gov.uk. All details and instructions are included with the form.
XXXXXXXX

Immigration Group
UK Border Agency

that's not much of a useful info. is it?

I think it is indeed useful information. especially the statement in the bold -

the earliest that you may submit an application for Indefinite Leave to Remain is up to 28 days before the completion of your 5th year, provided you entered the United Kingdom no later than 3 months after
your Entry Clearance / Leave to Remain was granted.

in my opinion the 5th year here is with clock starting from the day you have been Granted the EC provided you traveled no later than 3 months of this date. [/b]

the earliest that you may submit an application for Indefinite Leave to Remain is up to 28 days before the completion of your 5th year, provided you entered the United Kingdom no later than 3 months after

ok, but what marks the completation of your 5th year? and if they accept are these days between your visa and first entry will be counted towards your 180 days absence limit?[/quote]

dehjet wrote: ok, but what marks the completation of your 5th year? and if they accept are these days between your visa and first entry will be counted towards your 180 days absence limit?

See my success story here - had same situation.