Immigrationboards.com

I want some moderators or someone already has the experience to help me out to clear this dilemma

1. Work Permit Obtained EC 09/11/2006 - 09/11/2011
2. Arrived 03/12/2006
3. Same Employer for 5 years since 04/12/2006
4. If i apply in Person on or after 13/10/2011, would it be ok?
5. Or do i need to wait to capture the 28 days before 03/12/2011 then it would be somewhere near to my visa expiry date.
6. By reading some threads many applicants did apply calculating from the EC date. Where the 90 days rule applies.

Some please advise.

Thanks,

N



Good luck everyone.

bneil wrote:I want some moderators or someone already has the experience to help me out to clear this dilemma

1. Work Permit Obtained EC 09/11/2006
2. Arrived 03/12/2006
3. Same Employer for 5 years
4. If i apply in Person on or after 13/10/2011, would it be ok?
5. Or do i need to wait to capture the 28 days from 03/12/2012 then it would be somewhere near to my visa expiry date.
6. By reading some threads many applicants did apply calculating from the EC date. Where the 90 days rule applies.

Some please advise.

Thanks,

N

The 90 days concession is the discretion of the CW and Not and Rule. In any case it would apply to cases where the LTR expires before the 28 days from the date of entry. When is your visa expiring? if it is expiring before 03/12/2011 minus 28 days then you can test your luck by applying before that period.

Visa Expires on 09/11/2011, Then?

MK357, there is nothing in the modernised guidance that says it's a discretionary concession that can be applied aribitrarily. If it were it would surely say that the caseworker has discretion to include rather than may include; the former being a common construction used throughout other areas of the immigration guidance where discretion applies. A refusal where it was not applied would be a very easily appealed.

See similar discussion

http://www.immigrationboards.com/viewto ... 292#534292

You complete 5 years on 3rd Dec 2011. 28 days before that is 5 nov 2011. Your visa expires 9 nov 2011. So you can apply on 7th/8th or 9th nove (5th and 6th are weekends). You have enough leave to apply so u can not ask for 90 days descretion.

xyz123 wrote:You complete 5 years on 3rd Dec 2011. 28 days before that is 5 nov 2011. Your visa expires 9 nov 2011. So you can apply on 7th/8th or 9th nove (5th and 6th are weekends). You have enough leave to apply so u can not ask for 90 days descretion.

Anyone who is in the same boat as me, or who went through the same scenario, please post your experiences.

Thank you for everyone replied.

bneil wrote:I want some moderators or someone already has the experience to help me out to clear this dilemma

1. Work Permit Obtained EC 09/11/2006 - 09/11/2011
2. Arrived 03/12/2006
3. Same Employer for 5 years since 04/12/2006
4. If i apply in Person on or after 13/10/2011, would it be ok?
5. Or do i need to wait to capture the 28 days before 03/12/2011 then it would be somewhere near to my visa expiry date.
6. By reading some threads many applicants did apply calculating from the EC date. Where the 90 days rule applies.

Some please advise.

Thanks,

N



Good luck everyone.

Hi Guys,

Finally I got the PR. Thanks for this forum really helped and saved a lot of money. (As i did not apply for my 2 kids)

I been to Solihull on 14/10/2011

Docs asked,

1. Pass ports x2
2. 3 months payslips
3. LIUK test Certificates x 2
4. Co-habitation Docs - i just gave last 2 year Council Tax
5. Photos

I have a conviction for mobile while driving last year- CU 80, but not convicted at Court.

No bank statements asked
No P 60s asked
Absolutely nothing at all.

Thank you all.

was you asked for employer letter?

Dera bneil,

As per my understanding you cannot apply for PR before 5th Nov. However you already recieved PR (Due to 28 days rule).

Can you clarify caseworker did not object about not completing 5 year. Thanks

bneil wrote:

bneil wrote:I want some moderators or someone already has the experience to help me out to clear this dilemma

1. Work Permit Obtained EC 09/11/2006 - 09/11/2011
2. Arrived 03/12/2006
3. Same Employer for 5 years since 04/12/2006
4. If i apply in Person on or after 13/10/2011, would it be ok?
5. Or do i need to wait to capture the 28 days before 03/12/2011 then it would be somewhere near to my visa expiry date.
6. By reading some threads many applicants did apply calculating from the EC date. Where the 90 days rule applies.

Some please advise.

Thanks,

N



Good luck everyone.

Hi Guys,

Finally I got the PR. Thanks for this forum really helped and saved a lot of money. (As i did not apply for my 2 kids)

I been to Solihull on 14/10/2011

Docs asked,

1. Pass ports x2
2. 3 months payslips
3. LIUK test Certificates x 2
4. Co-habitation Docs - i just gave last 2 year Council Tax
5. Photos

I have a conviction for mobile while driving last year- CU 80, but not convicted at Court.

No bank statements asked
No P 60s asked
Absolutely nothing at all.

Thank you all.

Congrats on your ILR......Its confusing the 90 and 28 day rules....As i understand from the forums and advice from moderators that the 28 day should be calculated from the date of entry to this country.

sarath1212 wrote:

bneil wrote:

bneil wrote:I want some moderators or someone already has the experience to help me out to clear this dilemma

1. Work Permit Obtained EC 09/11/2006 - 09/11/2011
2. Arrived 03/12/2006
3. Same Employer for 5 years since 04/12/2006
4. If i apply in Person on or after 13/10/2011, would it be ok?
5. Or do i need to wait to capture the 28 days before 03/12/2011 then it would be somewhere near to my visa expiry date.
6. By reading some threads many applicants did apply calculating from the EC date. Where the 90 days rule applies.

Some please advise.

Thanks,

N



Good luck everyone.

Hi Guys,

Finally I got the PR. Thanks for this forum really helped and saved a lot of money. (As i did not apply for my 2 kids)

I been to Solihull on 14/10/2011

Docs asked,

1. Pass ports x2
2. 3 months payslips
3. LIUK test Certificates x 2
4. Co-habitation Docs - i just gave last 2 year Council Tax
5. Photos

I have a conviction for mobile while driving last year- CU 80, but not convicted at Court.

No bank statements asked
No P 60s asked
Absolutely nothing at all.

Thank you all.

Congrats on your ILR......Its confusing the 90 and 28 day rules....As i understand from the forums and advice from moderators that the 28 day should be calculated from the date of entry to this country.

I think as long as you arrive within 3 months of your EC, you can apply 28 days before the expiry. I did not have any issue, and they did not even mention anything.

genious wrote:was you asked for employer letter?

Sorry, yes they did, and i used the one available in this forum.

[/quote]

I think as long as you arrive within 3 months of your EC, you can apply 28 days before the expiry. I did not have any issue, and they did not even mention anything.[/quote]

Hi, My case is something different......

EC on 21/11/2006 WP
Arrived -15/12/2006
WP Extension -21/05/2008
Tier 2-(ICT) Extension - 21/05/2009 to 04/12/2011

Can i apply 28 days from 04/12/2011 or 28 from 15/12/2011.Please advice......

bneil wrote:

bneil wrote:I want some moderators or someone already has the experience to help me out to clear this dilemma

1. Work Permit Obtained EC 09/11/2006 - 09/11/2011
2. Arrived 03/12/2006
3. Same Employer for 5 years since 04/12/2006
4. If i apply in Person on or after 13/10/2011, would it be ok?
5. Or do i need to wait to capture the 28 days before 03/12/2011 then it would be somewhere near to my visa expiry date.
6. By reading some threads many applicants did apply calculating from the EC date. Where the 90 days rule applies.

Some please advise.

Thanks,

N



Good luck everyone.

Hi Guys,

Finally I got the PR. Thanks for this forum really helped and saved a lot of money. (As i did not apply for my 2 kids)

I been to Solihull on 14/10/2011

Docs asked,

1. Pass ports x2
2. 3 months payslips
3. LIUK test Certificates x 2
4. Co-habitation Docs - i just gave last 2 year Council Tax
5. Photos

I have a conviction for mobile while driving last year- CU 80, but not convicted at Court.

No bank statements asked
No P 60s asked
Absolutely nothing at all.

Thank you all.

Sorry, would you explain why you did not apply for your kids? I assume that they are already British citizens or there is any other reason?

Thanks,

Hello grinconesmo,

I am going to apply MN1, as both of them born in UK. Hope it will helps.

sarath1212 wrote:

I think as long as you arrive within 3 months of your EC, you can apply 28 days before the expiry. I did not have any issue, and they did not even mention anything.[/quote]

Hi, My case is something different......

EC on 21/11/2006 WP
Arrived -15/12/2006
WP Extension -21/05/2008
Tier 2-(ICT) Extension - 21/05/2009 to 04/12/2011

Can i apply 28 days from 04/12/2011 or 28 from 15/12/2011.Please advice......[/quote]

I think you can apply 28 days before your EC date, this is what i did. For a safe side apply at Solihull, as you only will be charged once you get the confirmation from the case worker subject to criminality checks.

bneil wrote:

sarath1212 wrote:

I think as long as you arrive within 3 months of your EC, you can apply 28 days before the expiry. I did not have any issue, and they did not even mention anything.

Hi, My case is something different......

EC on 21/11/2006 WP
Arrived -15/12/2006
WP Extension -21/05/2008
Tier 2-(ICT) Extension - 21/05/2009 to 04/12/2011

Can i apply 28 days from 04/12/2011 or 28 from 15/12/2011.Please advice......[/quote]

I think you can apply 28 days before your EC date, this is what i did. For a safe side apply at Solihull, as you only will be charged once you get the confirmation from the case worker subject to criminality checks.[/quote]

Thanks Neil.

bneil wrote:

sarath1212 wrote:

I think as long as you arrive within 3 months of your EC, you can apply 28 days before the expiry. I did not have any issue, and they did not even mention anything.

Hi, My case is something different......

EC on 21/11/2006 WP
Arrived -15/12/2006
WP Extension -21/05/2008
Tier 2-(ICT) Extension - 21/05/2009 to 04/12/2011

Can i apply 28 days from 04/12/2011 or 28 from 15/12/2011.Please advice......[/quote]

Thanks very much for your reply Neil.

I think you can apply 28 days before your EC date, this is what i did. For a safe side apply at Solihull, as you only will be charged once you get the confirmation from the case worker subject to criminality checks.[/quote]

Already i have got the appointment on 17th of Nov, i will check if there are any appointments available beofre that in Solihull as it is very hard to get the appointments in Solihull peo.