Urgent Help Required-ILR when delay in travel for 3 mon 1 da

[mjunaid106]

thanks cs95tdg

Hi go2khurram, what did you do? Did you go for PEO? Can you please share it on the forum as I have kind of similar issue.

[go2khurram]

thanks cs95tdg

Hi go2khurram, what did you do? Did you go for PEO? Can you please share it on the forum as I have kind of similar issue.

haven't applied so far ... will apply on first week of April.... I will keep update you guys and will share my experience once process has been started.... I haven't decide so far that how and in which category i will apply ... will discuss in details first with one of my friend (sr. member of this forum) and then start the process.. Thanks

[Tier 4]

haven't applied so far ...

How did it go ? Did you apply????

[go2khurram]

haven't applied so far ...

How did it go ? Did you apply????

Hi,

Yes. I made PEO attempt at Solihull, but they did not accept my application and suggest either I take extension or make postal application. So I choose the 2nd option and now praying that my application come in front of CW after 3 months.

[ldbright]

Why they didn't accept your application? Purely because of the absences?

haven't applied so far ...

How did it go ? Did you apply????

Hi,

Yes. I made PEO attempt at Solihull, but they did not accept my application and suggest either I take extension or make postal application. So I choose the 2nd option and now praying that my application come in front of CW after 3 months.

[go2khurram]

Why they didn't accept your application? Purely because of the absences?

haven't applied so far ...

How did it go ? Did you apply????

Hi,

Yes. I made PEO attempt at Solihull, but they did not accept my application and suggest either I take extension or make postal application. So I choose the 2nd option and now praying that my application come in front of CW after 3 months.

Because of entry after 90 days....See the start of this discussion for understanding..Thanks

[Tier 4]

Well, I am almost on same boat, short of 40 days to make my 10 years long residence. Even if I subtract 28 days out of 40 still 12 days short.

Think I got two options;
Either to apply some so-called extension like FLR (O) and vary grounds while on 3C leave
Or
Apply by post with this hope they will not decide it within 40 days (which of course highly unlikely)

[sbaliahamed]

Guys,

Thanks for all your input. I am on the same situation. I entered UK after 3 month + 10 days after i got EC.

By seeing your comment, i decided to go for second extension just few days before my first extension expires, so that by that time they take my application, i am sure i will complete 5 years.

I will send request to UKBA 28 days before i complete 5 years to vary my application for ILR, since my extension isn't any more valid or not needed.

Again all the folks. Please update whoever experienced in this situation. it is usfeul for a person like me who is spending 4K to get visa for family of three to just cover 10 days visa. I found this link after six month almost.

[go2khurram]

Guys,

Thanks for all your input. I am on the same situation. I entered UK after 3 month + 10 days after i got EC.

By seeing your comment, i decided to go for second extension just few days before my first extension expires, so that by that time they take my application, i am sure i will complete 5 years.

I will send request to UKBA 28 days before i complete 5 years to vary my application for ILR, since my extension isn't any more valid or not needed.

Again all the folks. Please update whoever experienced in this situation. it is usfeul for a person like me who is spending 4K to get visa for family of three to just cover 10 days visa. I found this link after six month almost.

hi sbaliahamed,

If you are planning to apply for a extension and looking forward to vary your application, you have to closely monitor how much time HO taking to decide the Tier 1 application these days.
I have a friend who applied for Tier 1 extension by post in 1st week of April and got the approval in 3 weeks (13 working days) time.
Since you are late 3 months and 10 days ( say 100 days) and if you apply even last day of your current visa expiry you can only ask to vary your application after 72 days ( 10 weeks) of your Tier 1 application if this has not been decided. Here I am assuming that total length of your previous and current visa is exactly 5 years.
I will recommend to keep on eye on this

[sbaliahamed]

Hi go2khurram

Yes i totally i agree with you. But i thought now a days it take more than three months.

How do i check how many days they are taking now to decide about the extension.

[go2khurram]

Hi go2khurram

Yes i totally i agree with you. But i thought now a days it take more than three months.

How do i check how many days they are taking now to decide about the extension.

I recommend you to keep on eye this

[sbaliahamed]

Hi go2khurram,

I am convinced you can me right solution. Here is my case

I got my EC on 01/10/2008
Entered UK 10/01/2009(Delayed 3 month 9 days)
First entension expire 10/10/2013(gained 10 days while extending)

Shall i stick with orgional plan to apply extension on 09/10/2013 and wait for my luck on processing time.

Or

go for ILR on 9/10/2013, and argue that i stayed in country for 4 year 9 month.

[go2khurram]

Hi go2khurram,

I am convinced you can me right solution. Here is my case

I got my EC on 01/10/2008
Entered UK 10/01/2009(Delayed 3 month 9 days)
First entension expire 10/10/2013(gained 10 days while extending)

Shall i stick with orgional plan to apply extension on 09/10/2013 and wait for my luck on processing time.

Or

go for ILR on 9/10/2013, and argue that i stayed in country for 4 year 9 month.

You have 4/5 months to decide, also things could be change in future so wait and see...In the current circumstances below two solution are available. You have to monitor how much UKBA taking time to decide ILR and FLR application in Sep / Oct and decide based on that.

You are just over the 3-month entry concession.

Option 1. You may apply by registered post for an extension shortly before leave expires. It's possible to vary (not withdraw) this application to ILR when you are eligible, if it's still undecided.

A person who varies their application does not have to pay an additional fee unless the new ground they want to be considered under has a higher fee than their original application. In this case, they must pay the difference between the original fee and the new higher fee.

Option 2. You may apply by registered post for an ILR shortly before leave expires. If you are eligible on the date of the decision, then you should be ok.

[sbaliahamed]

Hi go2khurram
How did your application process go

[go2khurram]

Hi go2khurram
How did your application process go

My timelines:
Application Type : ILR - Set (O)
Application Sent: 4th April 2013
Payment Method: Cheque
Payment Date: 12th April 2013
Ack Letter Dated: 9th April 2013
Ackt Letter Received: 15th April 2013
Biometrics Letter Dated: 24th April 2013
Biometrics Letter Received : 26th April 2013
Biometrics Done : 13th May 2013

** Now Waiting for the outcome **

[Tier 4]

I made PEO attempt at Solihull, but they did not accept my application and suggest either I take extension or make postal application. So I choose the 2nd option and now praying that my application come in front of CW after 3 months.

So in other words it does possible to apply by post to cover the shortfall of qualifying period as the CW in Solihull suggested to you. I am wondering does this applies to Set (LR) as well?

My timelines:
Application Type : ILR - Set (O)
Application Sent: 4th April 2013
Payment Method: Cheque
Payment Date: 12th April 2013
Ack Letter Dated: 9th April 2013
Ackt Letter Received: 15th April 2013
Biometrics Letter Dated: 24th April 2013
Biometrics Letter Received : 26th April 2013
Biometrics Done : 13th May 2013

** Now Waiting for the outcome **

So you send your application almost 3 months and 8 days in advance from your qualifying period and the date you enter UK?

Please do let us know about the outcome as it will be really helpful for others. Thanks

[jagpalsingh97]

Hi Friends

Can anybody please guide me for my Tier 1 ILR.

Visa Stamp Date:- 17-04-2009 India

Entered in U.K. :-07-08-2009 (after approx 114 Days of getting Visa)

Applied for Extension :-05-04-2012 London

Visa Stamp Date:- 26-06-2012 (Instead of visa starting from 17-04-2012, i got 70 days extra visa.)

Visa Expiry Date :- 26-06-2014

5 Years completion :-07-08-2014

Now my question is, my visa is expiring 40 days before completion of 5 years. If i am not wrong we Can apply 28 before 5 years. So shall i have to go for extension for (40-28=12) or is there any way by which i can apply for ILR directly.

Plz reply.

[go2khurram]

For those who following this thread and interested in early application

http://www.immigrationboards.com/viewto ... 908#928908

[go2khurram]

Another successful early application


http://www.immigrationboards.com/viewto ... ht=#926846

[asssif]

Hi GUYS i m in same boat .Entry is more than 3 months later than stamping Visa.
But thanks to UKBA for delay in decision for extending Tier1 Visa.
But still i am falling short of 24 days before 5 years.
Shall I Choose Vinny Option 1 or 2?

[vinny]

Option 2. 24 days is less than the allowed 28 days. You should be okay with an in-time ILR application.

[asssif]

Thanks vinny,
But 28 days cons session is applicable to those who entered UK within 3 months of stamping, so to be safe postal application will take me to within 5 year band , if ukba do something clever and deny , what are chances while appealing ?

[vinny]

You are mistaken.

[go2khurram]

Hi All,

I would like to thank all of the senior members especially cs95tdg, wpilr_nov12, zahid.ali.anwar and vinny for their support and help. With the help of you I got courage to do this bold step and finally successful. For those who follow this thread and in similar kind of situation , below are my time lines


Application Type: Set(0) Main Applicant + 4 Dependent
(HSMP -2 Years + Tier 1 - 3 Years)

EC Stamp Date: 11th April 2008
UK Entry Date: 12th July 2008
Gap Between Entry Visa Stamp and Entry: 92 days
Tier 1 Visa Expiry Date: 11 April 2013


Application Sent: 4th April 2013 ( More than 3 month before eligibility)
Payment Method: Cheque
Payment Date: 12th April 2013
Ack Letter Dated: 9th April 2013
Ackt Letter Received: 15th April 2013
*Ack Letter said App received for Set(M) while I applied for Set(O)
Biometrics Letter Dated: 24th April 2013
Biometrics Letter Received : 26th April 2013
Biometrics Done : 13th May 2013

Then Looooooooooooooooooooooooooooong wait

Write to MP to expedite application: 18 Oct 2013
Homeoffice receive MP letter : 5th Nov 2013
Application Decision Date : 7th Nov 2013
Documents, Passport and BRP Received: 11 Nov 2013


Any questions ... please let me know as I have no plan to leave this forum

Thanks ,

KK

[Tier 4]

Hi All,

I would like to thank all of the senior members especially cs95tdg, wpilr_nov12, zahid.ali.anwar and vinny for their support and help. With the help of you I got courage to do this bold step and finally successful. For those who follow this thread and in similar kind of situation , below are my time lines


Application Type: Set(0) Main Applicant + 4 Dependent
(HSMP -2 Years + Tier 1 - 3 Years)

EC Stamp Date: 11th April 2008
UK Entry Date: 12th July 2008
Gap Between Entry Visa Stamp and Entry: 92 days
Tier 1 Visa Expiry Date: 11 April 2013


Application Sent: 4th April 2013 ( More than 3 month before eligibility)
Payment Method: Cheque
Payment Date: 12th April 2013
Ack Letter Dated: 9th April 2013
Ackt Letter Received: 15th April 2013
*Ack Letter said App received for Set(M) while I applied for Set(O)
Biometrics Letter Dated: 24th April 2013
Biometrics Letter Received : 26th April 2013
Biometrics Done : 13th May 2013

Then Looooooooooooooooooooooooooooong wait

Write to MP to expedite application: 18 Oct 2013
Homeoffice receive MP letter : 5th Nov 2013
Application Decision Date : 7th Nov 2013
Documents, Passport and BRP Received: 11 Nov 2013


Any questions ... please let me know as I have no plan to leave this forum

Thanks ,

KK

Thats really great, well done, I am so happy for you.

I am hoping to apply ILR as well on the basis on long residence. I have same situation:

Visa issued: 23rd September 2004
Came: 03rd October 2004
Last visa valid: 23rd August 2014

41 days short from date of entry
31 days short date of entry clearance

41 – 28 = 13
31 – 28 = 3

According to UKBA your 10-year qualifying period starts from either:
• The date when you arrived in the UK with a visa; or
• The date you were given permission to stay in the UK

I was thinking to apply some so-called extension then vary it but due to some successful cases like yours I might take a chance and apply ILR with hope to qualify at the date of decision.

I have one question for you; did you mention this shortfall of days in your covering letter or you just kept it quiet?