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Applying for ILR 1 month before but 12 days shy

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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rk_2011
Junior Member
Posts: 95
Joined: Fri Jun 10, 2011 8:48 am

Applying for ILR 1 month before but 12 days shy

Post by rk_2011 » Mon May 28, 2012 6:56 pm

Dear all,

My current leave expires 15 Sep 2014. My 10 years will be completed on 27 Sep 2014. That leaves me just 12 days shy of my 10 years. Will I be able to apply for ILR 1 month before 27 Sep 2014, i.e. 27 August 2014 like most do?

What if I go for the premium service, can UKBA issue an ILR 1 month before the 10 years is completed, especially when my current leave wouldnt take me through to complete the full 10 yrs.

DRRK

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Mon May 28, 2012 7:00 pm

All settlement applications can be made no earlier than 28 days before the end of the qualifying period. You can't apply for settlement under the long residence category at the PEO.

rk_2011
Junior Member
Posts: 95
Joined: Fri Jun 10, 2011 8:48 am

Post by rk_2011 » Mon May 28, 2012 7:10 pm

What happens to dependents in the 10-year long residence category? I remember reading somewhere that they dont qualify for ILR with the main applicant. How can they obtain their leave to remain in this case if their leave also expires 15 Sep 2014.

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Mon May 28, 2012 7:14 pm

They have to apply for leave to remain, and then apply for settlement if and when they complete the two year residence period. Previous leave as a PBS dependant can be considered so someone who has already made two years can switch to FLR and the apply for ILR immediately.

rk_2011
Junior Member
Posts: 95
Joined: Fri Jun 10, 2011 8:48 am

Post by rk_2011 » Mon May 28, 2012 7:21 pm

So if I understand you correctly, as partner in UK as PBS dependent since 2006, meaning she can apply for FLR at the same time as I am applying for my ILR? And then once I get my ILR, she can make an application for her ILR with immediate effect?

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Mon May 28, 2012 7:28 pm

Yes, but make sure you link your application to hers and ask for them to be treated in series. Her application can't be considered until yours in approved and is completely contingent on the success of yours.

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