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ILR application date

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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ughosal
Newly Registered
Posts: 23
Joined: Sat May 30, 2009 11:05 pm

ILR application date

Post by ughosal » Fri Nov 16, 2012 12:16 pm

Which date am I going to be eligible to apply for an ILR?

My HSMP, when it was first issued in India, was valid from 21-01-2008 until 21-01-2010. But I entered the UK on 9-02-2008 due to postal delay in receipt of visa in India.

The visa was extended in UK to Tier 1 General category and is valid until 21-Jan-2013.

Please advise which date is going to be considered for calculating completion of 5 years - visa start date or my UK entry date?

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Fri Nov 16, 2012 1:39 pm

ughosal wrote:Hi,

I held a HSMP (Tier-1 General) visa from 21-01-2008 and soon would be applying for an ILR. The current T1 General visa is valid till 21-01-2013.

My wife's first PBS dependent visa was valid from 3-Oct-2008 but she entered UK on 29-Oct-2008. This was extended in the UK and is valid until 21-01-2013.

What are the requirements for stay for a dependent to get an ILR:

1. Does my wife need to stay for 5 continuous years to get ILR or can she apply is she spent 2 years in UK with me (probationary period?)

2. Does the 2 year probationary period need to be immediately prior to application of ILR?

3. If she needed to stay 5 continuous years in UK, would the start date be counted on my visa or my wife's visa - is it entry date or visa start date?

4. Is there a requirement for dependents to not spend over 180 days out of UK to be eligible for ILR?

My wife has been away from UK from Aug-11 till now because of treatment that was required during pregnancy and child birth. Does it invalidate her eligibility to apply for ILR in Jan-13? or is there any way to get an ILR in Jan-13?

Thank you in advance.
Life isn't fair, but you can be!

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Fri Nov 16, 2012 1:41 pm

Life isn't fair, but you can be!

man4uni
Member
Posts: 235
Joined: Fri Jun 18, 2010 12:12 am
Location: London

Post by man4uni » Fri Nov 16, 2012 2:54 pm

Since you have entered into the UK within 90 days of your Entry Clearance, you can book your appointment for 28 days prior to your date of entry.

Look for any slot from 11th Dec 2012.

onabanjo
Member
Posts: 194
Joined: Wed Oct 24, 2012 4:55 pm
Location: UK

ILR application date

Post by onabanjo » Sat Nov 17, 2012 10:16 pm

Man4uni. Observation regarding your advise.


Since he arrived UK within 90days of being granted initial visa.The applicable count towards the eligibility of 5years start from the initial visa date and not date of entry.

Thank you
Disclaimer: I am no immigration lawyer nor am I OISC qualified. Don't treat my advice as a substitute for legal opinion.

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