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While the number of days you short fall by is different, the case posted under following topic is similar to yours. Please take a read through. I have given an explanation of why it is necessary to have sufficient leave to remain to cover the 5 year residency period when applying for ILR and that this is seperate from the fact that the UKBA allow you to apply 28 days before your current leave to remain expiry date.Sal2007 wrote:Hi Everyone,
A brief history of my leave to remain as below;
WP issued on 14/09/2007
Tier 1 PBS issued on 19/08/2009
Tier 1 PBS expires on 19/08/2012
Based on my visa history my qualifying period would be 14 Sep. 2012.
I tried to get an appointment for 17th Aug 2012 (exact 28 days before qualifying period) at any PEO, unfortunately I could get any. However I manged to get appointment on 16th Aug. 2012 (Solihull) that is 29days before my qualifying period.
I reckon PEO caseworker will ask me to send application by post if I go on 16th Aug. 2012.
Please share your experience if any exceptional experience happened.
I want to travel abroad in coming September.
Your suggestions/advice are most well come.
Regards,
The advice you appear to have got over the UKBA phoneline, does not fall in-line with the Immigration rule (245CD) guidelines that are published on the website (unless there have been some very recent changes in the rules which I'm unaware of). It is strange that you say they took all your immigration history details before giving you that information. The point I don't agree with is that they say you will qualify for ILR without meeting the 5 year residency requirement (& not the point that you are allowed to apply 28 days before current leave to remain expires - which is valid). However I do know that the UKBA telephone helpline staff are known for giving misleading and incorrect information at times. I personally always go by what the immigration rules state.Sal2007 wrote:Even I am short of 25 days to reach to 5th anniversary but still I can apply for ILR. My employer has confirmed from UKBA few months ago.
I rang UKBA to get PEO appointment. They told me that the earliest date I can get an appointment is 17th August.(I told them my whole visa history, they calculated dates etc and let me know.)
cs95tdg wrote:The advice you appear to have got over the UKBA phoneline, does not fall in-line with the Immigration rule (245CD) guidelines that are published on the website (unless there have been some very recent changes in the rules which I'm unaware of). It is strange that you say they took all your immigration history details before giving you that information. The point I don't agree with is that they say you will qualify for ILR without meeting the 5 year residency requirement (& not the point that you are allowed to apply 28 days before current leave to remain expires - which is valid). However I do know that the UKBA telephone helpline staff are known for giving misleading and incorrect information at times. I personally always go by what the immigration rules state.Sal2007 wrote:Even I am short of 25 days to reach to 5th anniversary but still I can apply for ILR. My employer has confirmed from UKBA few months ago.
I rang UKBA to get PEO appointment. They told me that the earliest date I can get an appointment is 17th August.(I told them my whole visa history, they calculated dates etc and let me know.)
I will now leave this topic for others to comment.
Definitely I will try my best to get a slot on 17th Aug, otherwise will apply by post. I will keep update regarding progress of my application.wenner wrote:Sal2007
Are you still planning on applying using premium service for ILR?.If so, please share your experience.I am 18 days short.I came to a conclusion yesterday that I need to apply either by post or extend my tier 2 leave to remain.I decided to extend my leave to remain under tier 2, just to cover 18 days, then I'll be able to use premium service without being worried sick on the day of appointment.But now that I have read your posts, I am just wondering what you are going to do now?
please share you personal experience.all the best!
Sal2007 wrote:Hi,
A query regarding the earliest date for my wife's ILR.
Dependent visa issued/stamped = 22/02/12
enter into to UK = 06/05/12
visa extension within UK (FLR) as a dependent = 15/08/12
FLR expires = 06/05/2014
She can apply 28 days before which date???
22/02/12 the date visa was issued or 06/05/12 the date she entered into UK.
My apologize if I raised the same question that has already been discussed in any thread before.
Thanks for your help.
Regards,