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ILR qualifying cut off date

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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asu2z
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ILR qualifying cut off date

Post by asu2z » Thu Jun 03, 2010 12:44 pm

Dear sir or madam

I have an inquiry, will be thankful if someone can answer:

To qualify for ILR one has to complete 5 years in the UK. in Set (O) guidance it is written that one can apply for ILR 28 days before completing 5 years in the UK. Exact wording is:

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Please do not apply more than 28 days before completing the qualifying period. If you apply earlier than that, your application may be refused. If that happens, we will not refund the fee and you will have to pay again
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My question is:

Does this 28 days rule applies on postal ILR applications OR it also applies on premium service applications. The reason I am asking this is because when some applies by post it takes minimum of 28 days (approximlatey) to get the decision and by the time caseworkers stamps the ILR it already 5 years in the U.K.

However on premimum service application, the decision is given on the day, so the applicant may be short of full 5 years and case can go refuse and fee wasted.

Please share your experience and knowledge.

mrlookforward
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Post by mrlookforward » Thu Jun 03, 2010 1:20 pm

Please do not apply more than 28 days before completing the qualifying period. If you apply earlier than that, your application may be refused.

The above statement is about the earliest you can "apply" and had nothing to do with how long it takes the application to get fully processed and decided, whether it be 28 days or 28 months.

If you apply by post, then the date of posting is the date of application. Receipt of recorded delivery serves as the proof.

If you apply at PEO, then the date you actually visit PEO and submit your application is the date of application.

asu2z
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Post by asu2z » Thu Jun 03, 2010 1:39 pm

Dear Lookforward

thanks for your reply.

What I understand from your answer is that one can also apply ILR through PEO same day service 28 days before completing full 5 years.

Postal or PEO application...28 days rule applies similary in both situations.

Thanks

mrlookforward
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Post by mrlookforward » Thu Jun 03, 2010 1:52 pm

Correcto :)

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