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ILR related question, please help.

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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anoop96
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Posts: 5
Joined: Mon May 23, 2011 10:38 am

ILR related question, please help.

Post by anoop96 » Mon Mar 25, 2013 4:20 pm

Hi all,

I am completing 5 years of continous UK residence on 26/04/2013. In which the first 8 months were Tier-2 work Permit and rest on Tier-1. I suppose that should not be an issues? I have booked my appointment for 03/04/2013 and I have to leave for India on 10/03/2013.
My question is how many days it normally would take to get the new BRP card?
Do they keep the old BRP card as I still have Via till July 2013?
Do I need to carry Photo copies of all the document That I have to carry with me?

Thanks in advance
A

cs95tdg
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Posts: 3152
Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Re: ILR related question, please help.

Post by cs95tdg » Mon Mar 25, 2013 4:36 pm

anoop96 wrote:1) I am completing 5 years of continous UK residence on 26/04/2013. In which the first 8 months were Tier-2 work Permit and rest on Tier-1. I suppose that should not be an issues?
2) I have booked my appointment for 03/04/2013 and I have to leave for India on 10/03/2013.
My question is how many days it normally would take to get the new BRP card?
3) Do they keep the old BRP card as I still have Via till July 2013?
4) Do I need to carry Photo copies of all the document That I have to carry with me?
1) If your question is with regard to aggregating your two immigration category residence periods, it would be difficult to confirm, without specifics on precise immigration categories (i.e. there are many T1 & T2 categories with different immigration rules), so you may want to state them.
2) I'm guessing you have made a mistake on the dates here, as 10/03/2013 is in the past. If you are making a in-person application and it is approved on the same day, then you usually receive the BRP within 7 working days from then. If you meant to say 10/04/2013, and your PEO appointment is on 03/04/2013, then you are cutting it too fine IMO. There have been delays in issuing BRP's at times in the past so there is no guarantee that you would get it before you travel. Additionally, there may be Biometric issues or other enquires which may result in a delay in you getting a same day decision on your application.
3) Yes. As your Settlement BRP would replace the former BRP, so you will not get the old one back - unless your ILR application is refused.
4) Photocopies of all supporting documents should be submitted with your application, according to the SET(O) form guidance.

anoop96
Newly Registered
Posts: 5
Joined: Mon May 23, 2011 10:38 am

ILR related question, please help-1

Post by anoop96 » Mon Mar 25, 2013 11:23 pm

Hi Guru,

Thanks for the reply, yes it was a mistake and the date of travel is 10/04/2013. Also I came on work permit with relaxed rules in April 2008 and then changed to Tier-1 in Oct 2008. There is no restriction as such and I have been told that I can apply 28 days before 26/04/2013 when I complete my 5 years in the UK.
So in this case is it ok to aggregate 5 years of t2 and t1? Also what about the 28 days, is it 28 working days or 28 calender days?

My case should be very straight forward. Travel is 130 days in 5 years out of which 40 days are for Business. This will be confirmed by the company in the employment proof letter.
None of the remaining absences are more than 3 weeks. I have been working in the same company for more than 2 years now and have all bank and salary statement, council bills and DVLA letters.
So do you still think there might be some delay possible?
One last think is there a topic related to the form filling?

Thanks in advance
Anoop

cs95tdg
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Posts: 3152
Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Post by cs95tdg » Tue Mar 26, 2013 9:09 am

If you were on a Work Permit which qualifies for ILR and then switched to Tier 1 General (here I am guessing the explicit category, as you have again not stated it in your response) then yes you will be able to aggregate the two. You should read the SET(O) form, guidance and immigration rules that apply to T1G applicants. See the following FAQ topic as well: http://www.immigrationboards.com/viewtopic.php?t=79378

You can apply from upto 28 (calander days) before the 5th anniversary of either WP EC, so long as you first entered the UK within 3 months of EC.

My comment below was not specifically for you, and I wasn't suggesting that your application was complex. The reasons I mentioned could apply to anyone... For example no one has control over UKBA issues such as delays in biometrics - which could have a effect on getting a same-day decision, even if all other documents are in-order. Personally I would leave sufficient time between the PEO appointment date and travel date to accomodate possible delays.

The SET(O) form is quite straight-forward, you can follow the guidance to complete it. If you have any questions on it, you should post them under this topic for others to answer.

anoop96
Newly Registered
Posts: 5
Joined: Mon May 23, 2011 10:38 am

ILR related question, please help-2

Post by anoop96 » Tue Mar 26, 2013 1:17 pm

Hi Guru,

Thanks for the replies. One important point, you mentioned WPEC, does that mean the date from which the visa is valid or the date when I entered. As the date of first work permit was 16/04/2008 and I entered on 26/04/2008. Please confirm can I apply on 28/03/2013?

Regards
Anoop

anoop96
Newly Registered
Posts: 5
Joined: Mon May 23, 2011 10:38 am

ILR related question, please help-1

Post by anoop96 » Tue Mar 26, 2013 2:14 pm

Hi Guru,

Sorry just got the answer in the website. thanks a lot anyways.

Regards
Anoop

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