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Hi all,

I am under work permit for five yrs.i have got my visa stamped on 15/6/06.However i have entered UK on the 7/8/06.So the absense peroiad is 51 days. Now i visa is running out on 15th june 2011.

My query is
1.Do i need to get an extension visa to complete 5yrs.

or

2.Am i eligible to apply for ILR.If that is the case which date i have to submit my aplication.

I have spoken with one solictaior who says i am eligible to apply for ILR right now,, but few other solicitors mentioned that i need an extension visa.

So i request some one to give me the clar picture.

thanks
rocky

late entry up to 3 months is allowed now- you are well within that
Apply for ILR straight away - better to apply in Ist week of June

OP will not have completed 5 years of continuous stay in UK when his visa runs out on 15th June.

Even though the new guidelines mention that the caseworkers may count the period between the visa issue and the date of entry for the purpose of calculating ILR provided this is no more than 3 months, it is not very clear (as per my understanding of the new rules) when should OP apply for ILR. If he applies for ILR now, in my opinion, he will fall short of the 5 year continuous stay requirement.

To be on the safe side, it is better to apply for an extension first and then apply for ILR, unless moderators/senior members have a different spin on this.

Dear Friends,

many thanks for your prompt reply on this. I have spoken with different solicitors/ immigration consultants.Their opinions vary, some say i am eligibe and others saying that i need an extension.I am confused now and the time is running out.

Any one on this same conditions/ or succeeded pls comment on it.

Rocky

Arriving within 3 months shouldn't prevent you from applying for ILR shortly before your leave expires.

thanks vinny for your reply.Hope fully i shouldn't have any problem.

rocky

Vinny,

From your post, does it mean that OP can apply for ILR after 4 years and 9 months only, ie., 90 days before completing 5 years in UK, assuming he applies for ILR on 19/05/11?

AFAIK, the normal process is to apply for ILR 4 years and 11 months, ie., 28 days before completing 5 years.

Apologies for dragging this one but the clarity shall definitely help a lot of people on this forum.

coolguycp1 wrote:Vinny,

From your post, does it mean that OP can apply for ILR after 4 years and 9 months only, ie., 90 days before completing 5 years in UK, assuming he applies for ILR on 19/05/11?

AFAIK, the normal process is to apply for ILR 4 years and 11 months, ie., 28 days before completing 5 years.

Apologies for dragging this one but the clarity shall definitely help a lot of people on this forum.

The period of three months that case worker may count is the period between the date visa is issued and person uses that visa to enter the UK for first time. The person still can only apply a maximum of 28 days of visa expiry date.

So it is not 90 days before the visa expiry. hope this helps

coolguycp1 wrote:Vinny,

From your post, does it mean that OP can apply for ILR after 4 years and 9 months only, ie., 90 days before completing 5 years in UK, assuming he applies for ILR on 19/05/11?

AFAIK, the normal process is to apply for ILR 4 years and 11 months, ie., 28 days before completing 5 years.

Apologies for dragging this one but the clarity shall definitely help a lot of people on this forum.

I do not think Vinny meant that, read the link . I think it means you can apply 4 years 11 months after the issue of the visa if you entered the UK within 3 months of the date on the visa

.

I do hope that is the case and wish OP good luck for his ILR application

@ rockyrajesh - Can you provide an update once you apply and get your ILR, it will be much appreciated and clear any doubts remaining

@Vinny/@manyaonisland - Will OP need to specifically mention this new guideline to the caseworker when applying for ILR?

IMHO,

1. If you entered UK within 3 months of the "issue date" but your current leave expires within 28 days of the "5th anniversary of your date of entry" in the UK, then you should not make use of this instruction to apply for settlement earlier than expected (i.e. - any earlier than 28 days before the 5th anniversary of entry in the UK).

2. If you entered UK within 3 months of the "issue date" but your current leave expires earlier than 28 days before the "5th anniversary of your date of entry in the UK", then you should apply for settlement before your current leave expires and request for consideration in line with this instruction. The next (anticipated) question may then be - can I apply 28 days before my current leave expires? I believe you should be able to as there is nothing to suggest that you cannot! This said, I do also personally think that it may be wiser to apply closer to the date of expiry (e.g. - within a week of expiry) rather than on the first possible opportunity (r.g. -28th day before the expiry of current leave).

There is no harm in referring to the IDI instruction in your application (if there is space given for additional information) or in a covering letter. If applying in-person, no harm in carrying along a printout of the IDI or the page that contains this instruction, should you need to show it to the caseworker if he questions your eligibility.

Hi Rockyrajesh,

I have same problem (38 days between visa issue date & first entry), and applied for ILR (post) on APRIL 4. (actually i should apply on/after APRIL 21 )
Payment was taken & got acknowledgement letter. And now waiting...

Thanks Sushdmehta !

Your interpretation clears a lot of doubts regarding the rules.

One final question that comes to mind. Suppose (Worst Case scenario here!) that the caseworker does not agree to issue ILR to an applicant using his discretion, will he then issue an extension to the existing visa? I read somewhere previously that this was possible, but was not entirely sure.

coolguycp1 wrote:Suppose (Worst Case scenario here!) that the caseworker does not agree to issue ILR to an applicant using his discretion, will he then issue an extension to the existing visa?

No. If refused, then the applicant may be given the right to appeal (if eligible for it) or (if current leave hasn't expired) will need to apply for extension / settlement again.

IMHO, this is not something that can be termed as "discretion", but is an "instruction".

I would slightly disagree with the moderator's reply. Even I came across some scenarios discussed on the forum, when ILR was refused due to more gap in the stay. And I can recall the reply of some members which is stated as under:
1) If ilr refused for some reason other thn gaps in the stay, no extension is granted and right of appeal is given.

2) If ILR refused due to gap in the stay, further relevant extension is granted to negate the gap. No right to appeal is given here.

In my real-time scenario , I cn confirm the latter part as i knw my uncle ws given further stay to nullify the gaps when he applied for ILR under the ministry of religion category.

It would be appreciated, if other members can reflect on this.

hellog123 wrote:I would slightly disagree with the moderator's reply. Even I came across some scenarios discussed on the forum, when ILR was refused due to more gap in the stay. And I can recall the reply of some members which is stated as under:
1) If ilr refused for some reason other thn gaps in the stay, no extension is granted and right of appeal is given.

2) If ILR refused due to gap in the stay, further relevant extension is granted to negate the gap. No right to appeal is given here.

In my real-time scenario , I cn confirm the latter part as i knw my uncle ws given further stay to nullify the gaps when he applied for ILR under the ministry of religion category.

It would be appreciated, if other members can reflect on this.

I hope your words come true, as i am about to apply with the same case.

With 34A in force and with no provision to vary an application after a decision on the application has been made, I am not sure how this can be possible.

Do note that being "refused" is different from being "advised that one is not eligible or that one should not go ahead with submitting an application". My response above is based on "refused" to mean "a formal decision to refuse a valid application submitted on a prescribed form and necessary fees already paid".

Please update the topic with your results, I believe it'll be useful for many of us...

thanks in advance.

Hi rockyrajesh,
Did you apply for ILR? Pls update with the latest...

Thanks

Hi Rockyrajesh,

It'd be a great help to many of us in similar boats if you could update your current status regarding to ILR/extension ...

Thanks,
hd