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When to apply for ILR

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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hamidniazi
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Posts: 3
Joined: Thu Jan 24, 2013 10:46 pm

When to apply for ILR

Post by hamidniazi » Thu Jan 24, 2013 11:18 pm

Hi All,

I need help in deciding when to apply for ILR. I have looked at different post in the forum but could not made up my mind.

My details are:-
  • My HSMP visa stamped on 25th April 2008.
    Entered UK on 15th July 2008. (80 days gap b/w visa stamped and UK entry)
    Tier 1 extended from 25th April 2010 to 25th April 2013.
As per 90 days rule I'm eligible to apply for ILR and one can apply 28 days before his/her visa expire.

There is a question in SET(O) form (7.11) which says:-

Q 7.11. how long have you lived in the UK?

If I apply on 29th March 2013, I have to enter 4 years and 8 months as answer to Q 7.11

If I apply on 15th April 2013, I have to enter 4 years and 9 months as answer to Q 7.11

Someone told me that I need to apply after I have passed 4 years and 9 months in the uk.

Please guide me when to apply for ILR.

Kind Regards
Hamid

hamidniazi
Newly Registered
Posts: 3
Joined: Thu Jan 24, 2013 10:46 pm

Post by hamidniazi » Fri Jan 25, 2013 6:57 pm

Anyone please help?

uksettlement
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Joined: Sun Mar 04, 2012 7:07 pm
Location: London
Contact:
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Re: When to apply for ILR

Post by uksettlement » Fri Jan 25, 2013 7:39 pm

[quote="hamidniazi"]

As per 90 days rule I'm eligible to apply for ILR and one can apply 28 days before his/her visa expire.
Your understanding about 90 days is partly correct. As you can apply 28 days before the 5th anniversary of your Entry Clearance and it has nothing to do with the visa expiry date

There is a question in SET(O) form (7.11) which says:-

Q 7.11. how long have you lived in the UK?

If I apply on 29th March 2013, I have to enter 4 years and 8 months as answer to Q 7.11
Yes again

If I apply on 15th April 2013, I have to enter 4 years and 9 months as answer to Q 7.11
Correct. However, you have 28 days provision so why would you want to delay the application till the last moment?

Someone told me that I need to apply after I have passed 4 years and 9 months in the uk.

Whoever told you this I am sure meant that you need to be on a visa for 4 yrs and 11 months


Please guide me when to apply for ILR.
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

hamidniazi
Newly Registered
Posts: 3
Joined: Thu Jan 24, 2013 10:46 pm

Post by hamidniazi » Fri Jan 25, 2013 9:58 pm

Thanks uksettlement for clearing my mind.

I will try to book PEO appointment on/after 29th March 2013.

Many Thanks
Hamid

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