Few days ago I posted a thread regarding applying for ILR by post or going through PEO appointment in case of late arrival in UK. Everyone adviced me that it is ok to apply through appointment. The thread is http://www.immigrationboards.com/viewto ... highlight=
Later I sent an email to UKBA and I got a response that after reading 3/4 times I don't understand is in favor or against it, I request seniors to please read my email and their response and please help me to understand what does they mean
My Email to them:
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Dear Sir/Madam,
Can you please provide me information regarding calculation of 5 years
for ILR and PEO appointment. I am in UK on Tier-1 General visa and I
will complete my five years in UK by the end of 2012. Please find
below the dates of my visas and also the date I first entered UK.
HSMP Entry Clearance: 05 Nov 2007
Entered UK: 24 Dec 2007
Tier-1 General Ext: 05 Nov 2009
Tier-1 Valid Until: 05 Nov 2012
As you would notice from the above dates, I entered UK within 90 days
of getting HSMP Entry Clearance; and as per the ‘UKBA Modernised
Guidance for Calculating Continuous Period in UK for ILR’ my understanding is that I will be eligible to apply
for ILR/Settlement 28 days before my HSMP entry clearance start date.
I need to travel to Germany for my office work in November 2012 so I
need to book PEO appointment to get the ILR before November 2012. My
undetstanding about above rule is that it can be applicable regardless
you apply for ILR by post or by PEO appointment.
I would be really thankful to you, if you could please confirm that my
understanding is correct and I am eligible to apply by PEO appointment
for ILR 28 days before the 5th anniversary of my HSMP entry clearance
start date.
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Their response as follows:
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Dear xyz,
I cannot provide advice on individual applications, but as you are aware, one of the requirements for settlement is that the applicant must have spent a continuous period of 5 years lawfully in the UK. The Secretary of State can apply discretion to disregard short absence during the 5 year period, to enable migrants to travel outside of the UK for the purpose of paid annual leave, or business. This discretion is also applied in cases where the migrant may have delayed their initial entry to the UK, provided this was for a period no longer than 3 months.
If applying for settlement at a PEO, the assessment of this requirement will be made on the day of the appointment, therefore, an applicant must ensure that they can meet the requirement on that day, taking into account any disregarded absences. The PEO appointment can be no earlier than the actual date that the applicant completes the 5 year period, regardless of the fact that they must make an application to extend their leave within 28 days of the expiry of their current leave.
In cases where the applicant has delayed their entry to the UK by less than 3 months (the delay can therefore be disregarded), and their PEO appointment is earlier than 5 years after their Entry Clearance date, they may not be allowed to submit their application at the PEO, as they will be deemed not to have yet completed the 5 year period, and will be advised to submit a postal application.
A postal application for settlement can be submitted 28 days before the expiry of current leave, as the assessment of whether the applicant has met the 5 year requirement will take into account the period of time between the application being posted, and the date of decision.
If the migrant is required to travel outside of the UK and does not wish to make a postal application, they have the option to apply to extend their current leave at a PEO, and make a subsequent application for settlement at a later date.
I trust this answers your question, but if you have any further enquiries regarding your application, please contact the Immigration Enquiry Bureau 0870 606 7766.
UK Border Agency - Settlement Ops Policy team
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