Confused on eligibility for ILR

[Pablochenco]

Many thanks to you all for sharing your experience and the initiators of this invaluable forum.

I got my wp on the 12/07/2007 in England after my graduation from a University here in England, I left the company in January 2010 and applied through a lawyer for Tier 1 Gen in February 2010, and was granted on the 13/12/2010. (It was initially refused with no convincing reasons as i met all the criteria’s for Tier 1. Infact i had 85 points as against the 75 point).

My lawyer applied for judicial review and took the case to court.
At the first hearing in October 2007, the judge clearly and openly told the Homeoffice team that going through the documentations i provided in the first instance, she see no reason why i should be refused my appilication, and surgested that they go back and reconsider their decision within two weeks, failure to which she will proceed with the judicial review.
Within days we were contacted by the Homeoffice requesting for our passport for endorsement, which we did and they endorsed it the 13/12/2010.

My questions are

1.Can i apply for ILR 28 days from the date i was first granted my work permit which is the 12/07/2007?

2. 28 days from the date i was initially issued with the work permit is on the 15/06/2012, at the moment, i have all the point base requirement for ILR

3.The two years they gave me in the Tr1 Gen expires in December 2013
Your advise will be highly appreciated.

Kind regards
Pablo

[geriatrix]

No earlier than 28 days before the 5th anniversary of the date of issue of "leave to remain" endorsed in 2007 as a WP migrant.

Make sure you include a covering note to remind UKBA of their unlawful decision (2010) which they had to reconsider and issue you leave as PBS migrant.

[Pablochenco]

Many thanks for your reply.

For the sake of clarity I would like to share my telephone conversation with one of the staff by name Susan Smith from the home office this morning precisely 11:41 am. I waited on the phone for 35minutes 31 seconds.

I asked her to clarify the latest and earliest date I could apply for ILR considering that I was first granted leave to remain on a WP on the 12/07/2007, and she asked if i was in the UK or outside the UK? I said that i am in the UK and have always being in the UK. She then said that the earliest time I could apply is the 14/06/12.

I then asked if I must apply by this date quoting the paragraph in the guidance note “WHEN TO APPLY” where it states that: 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 when applying”

Her answer was that, “it only states that you should not apply more than” and not within the 28 days before the 12/07/2007”, so I can make an appointment between 14/06/12 up to 12/07/12.

I then told her that I intend making appointment for the first week of July, if she could please make one for me while she is on the phone? She then said that she could only make appointment up to 6 weeks ahead, which is the 21/06/12.

I then asked if she could confirm this to me by email, and she said that she couldn’t send email from her desk, letting me know that our conversation is recorded so I shouldn’t worry.

After the conversation I took note of her name (Susan Smith) and the precise time and date of our conversation (11:41 am- 10/05/2012) for reference.

I hope this help in clarifying some date issues

Kind regards
Pablo

[joh892]

Sushdmehta is correct.

[Pablochenco]

Could someone please advise me on this new rule which has being very confusing for me to understand?

Basically, I am applying for my ILR from Tier 1 General together with my dependant (wife) who have being here for the past 4yrs, haven met all the requirement the earliest date i could get for PEO is after the 9th of july

How does this new rule apply to me?

[geriatrix]

I am applying for my ILR from Tier 1 General together with my dependant (wife) who have being here for the past 4yrs,

It doesn't.

[Pablochenco]

Have anyone have my kind of experience at any of the PEO?

I was at the Glasgow PEO yesterday after driving almost 4hrs, and was told by the immigration officer after going through my details on their system that i will have to send my application by post because my case was decided at the judicial review.

Aparently i met all the requirement for ILR, such that if going by the point, i have more than the required 75 point and in an employment with a monthly salary of over two thousand, and was 100% confidence i was getting my ILR yesterday, but the office (whom was very polite and friendly) insisted that i could not decide on my case on thesame day as he will have to spend over 3hrs putting calls across and making contacts with other department, while they are mandated not to spend more than one hour on any case.

After briefly going throug my documents, he did said that from what he saw, he see no reason why my application will not be aprove, but because my case was decided through the dedicia review i will have to send it my post

I am confused on the way forward, as i dont know if i should send it through a lawyer or send it by myself? Again, considering that i have met the 5yrs rule why dont they decide on my case havent granted my Tier 1 Gen in the first instance?

I will be most grateful if anyone with similar experience advise me on the way forward

Pablo

[pkumar]

Try Solihull or Croydon ....