Initial entry after 90 days and only 61 days left for 5yrs

[Surbi]

Hi,
Thanks for a useful forum and guru's for taking time-out to help people.
My case is little different and eager to know my situation for ILR.

I have got my initial Tier 1(General) on 20th Sep 2009 valid till 20th Sep 2012 (3 yrs) and entered into the country on 29th January, 2010.

Applied for first Tier1(general) renewal on 16th August 2012 and visa was stamped from 27th Nov, 2012 due to high number of applications and
valid till 27th Nov, 2014 (2Yr).

Full Details:
20/09/2009 - 28/01/2010 - out of country for 130 days
29/01/2010 - 20/09/2012 - First entry and Continues stay
21/09/2012 - 27/11/2012 - In country and delay in visa decision. 67 days grace period due to visa extension.
27/11/2012 - 27/11/2014 - continues stay

I will be completing continuous 5 yrs stay by 28/01/2015 but my visa is due on 27/11/2014 which is 61 days earlier for ILR.

As of the rule, I can apply for ILR 28 days before 5 yrs continues stay. So I will be eligible by 01/01/2015.

Please guys could you answer the below questions?

1. Am I eligible for ILR by PEO?
2. Am I eligible for ILR by Post?

3. After my first entry I have worked for an Indian company and salary was paid in India. So I don't have any UK documents for the period
29/01/2010 to 01/12/2010 (10 months). Do I have to submit any documents for this period for ILR?

4. If I apply for ILR on or before 27/11/2014, what are the chances for rejecting my application?


Many thanks in advance,
Suresh

[Surbi]

Hi all,
If anybody has the answers to the above please do let me know.

I really need some help to plan for ILR.

Thanks,
Suresh

[naresh8280]

Hi Suresh,

You can't go for PEO as you will not be completing 5 yrs by the time of PEO appointment. However, you can make a postal application which takes about 6 months.

Reg Q3: As far as I know, it doesn't matter where your salary is credited, all matters that when did you enter UK for the first time.

[Amber]

You should only apply from 28 days before you qualify. If you are short then you should consider extending then varying if a decision has not been made by the time you become eligible.

[geriatrix]

Under current directions, you should apply for an extension before your leave expires. However, if they haven't decided by the time you are eligible for ILR, then you may vary your application to ILR.

[Surbi]

Thanks for the reply Amber and Sushdmehta.

This varying process is completely new to me. I will read the documents which were you mentioned in the reply.

I will be completing 5 yrs continues stay by 28th Jan, 2015 and eligible for ILR by 01st Jan, 2015 (28 days).

So according to your reply, I will be eligible for varying my application by 01st Jan, 2015.

Am I correct?

Many thanks,
Suresh

[vkgarg11]

Hi

I think you've a similar case as mine. I've recently received my ILR and thought it might be useful for you or others in a similar situation. I had entered UK more than 4 months after the EC however when I applied for tier 1 extension via post, I got approx 2 extra months due to processing delays. So I thought of trying my luck and fortunately, it worked!! Here are my timelines:

Tier 1 (General) EC granted = 16-Feb-2009
Entered UK= 21-Jun-2009
Tier 1 Extension received = 13-Apr-2012 (previous leave expired on 16-Feb-2012)
ILR PEO application submitted and approved = 22-Mar-2014 (PEO Croydon)

Total absences during the period = 81 days (excluding intial delay)

I'm a contractor working through my limited company and submitted only the required documents without any covering letter or explanation for the initial delays. The case worker asked for business bank account statement and any HMRC letters to prove the income was genuine which I provided.

I think they would have worked backwards from the date of application i.e. 22/03/2014 and by that approach, I was exactly 90 days short of 5 years as on the date of application so they approved it but not sure what criteria was used.

Just thought I'll share my experience with the forum and happy to answer any question(s) anyone may have.

Thanks