ILR eligibility query

jestinc · Post by **jestinc** » Mon Mar 04, 2013 9:15 am

I am posting this query as I consulted two solicitors and they gave me conflicting advice.

Visa Type - 5 yr Work Permit - same employer
Visa Stamping date - 12th June 2008
Date of first entry - 31st July 2008
Date of visa expiry - 12th June 2013

My wife arrived in UK in September 2011

Query:
- I entered 48 days after visa stamping. Can I apply for ILR 28 days before the expiry of my visa? (Was adviced by a solicitor that I should only apply a week before my visa expires)
- Is the 48 days of delayed entry counted towards absence from the country?
- Is my wife eligible to apply for ILR with me? (One solicitor advised that my wife should extend her visa as she is here less than 2 years)
- Is my case straight forward or should I apply through a solicitor as some of the decision is made based on the 'discretion' of the case worker?

I would appreciate your expert views
.

Gagan1986 · Post by **Gagan1986** » Mon Mar 04, 2013 9:20 am

Your case is straightforward so you can apply without a solicitor. If you have any queries as you go along post your questions on this forum.

You can apply 28 days before the expiry of your visa and those 48 days won't count as absence as you entered within 90 days after your visa stamping date.

You wife will not eligible and she would need to apply for FLR and as soon as she completes 2 years she can apply for ILR

jestinc · Post by **jestinc** » Mon Mar 04, 2013 5:40 pm

What about Section 196 D - which states - For WP holders (pre-PBS) and HSMP JR migrants covered by HSMP JRs, all dependants qualify for ILR along with main applicant irrespective of length of stay in UK (196D).

wpilr_nov12 · Post by **wpilr_nov12** » Mon Mar 04, 2013 11:14 pm

jestinc wrote:What about Section 196 D - which states - For WP holders (pre-PBS) and HSMP JR migrants covered by HSMP JRs, all dependants qualify for ILR along with main applicant irrespective of length of stay in UK (196D).

Correct

jestinc · Post by **jestinc** » Mon Mar 18, 2013 11:53 am

Can someone please respond to my quereis...

uksettlement · Post by **uksettlement** » Mon Mar 18, 2013 12:40 pm

jestinc wrote:
Query:
- I entered 48 days after visa stamping. Can I apply for ILR 28 days before the expiry of my visa? (Was adviced by a solicitor that I should only apply a week before my visa expires)
Yes you can

- Is the 48 days of delayed entry counted towards absence from the country?
Yes as u entered within 90 days of your EC

- Is my wife eligible to apply for ILR with me? (One solicitor advised that my wife should extend her visa as she is here less than 2 years)
She is eligible to apply with u

- Is my case straight forward or should I apply through a solicitor as some of the decision is made based on the 'discretion' of the case worker?
It is straightforward apply on ur own especially if u have got conflicting answers it makes me nervous about using any of them!

I would appreciate your expert views
.

[iD] · Post by **[iD]** » Mon Mar 18, 2013 12:47 pm

You can apply for ILR within 28 days of expiring of your visa and can count those 48 days towards your stay.

Not sure about your wife's eligibility tbh but if what you said is correct (196D) then there shouldn't be a problem.

dubeyv · Post by **dubeyv** » Wed Mar 27, 2013 2:51 pm

I guess unless she completes 2 years on your dependant visa, it is kind of dicey. Some people have got the ILR and some havent... kind of grey area look for Part 8 319E which is again more confusing and not helping much.

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