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ILR- Shortage of 36 Days

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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addtad2004
Newly Registered
Posts: 3
Joined: Thu May 09, 2013 11:43 am

ILR- Shortage of 36 Days

Post by addtad2004 » Thu May 09, 2013 12:07 pm

Hi

Can any one advice me on this one ...as it is not clear on UKBA website

My First VISA (HSMP Tier 1)--------04/09/2008

Arrived in the UK..........................10/10/2008

Extension (Tier 1 General) date (early)...................29/07/2010

Expiry of extension ..............................................29/07/2013

So as you can see there is a gap between 1st Clearance date and expiry of extension (36 days )

So Can I apply for ILR before 29/07/2013 or do I need extension for just 36 days of shortage I read the 5 year continues period assessment period but it doesn't say any thing about early extension.


Thank you very much In advance for your Advice

kiranchinnu
Member of Standing
Posts: 364
Joined: Thu Jan 14, 2010 2:47 pm

Re: ILR- Shortage of 36 Days

Post by kiranchinnu » Thu May 09, 2013 2:09 pm

addtad2004 wrote:Hi

Can any one advice me on this one ...as it is not clear on UKBA website

My First VISA (HSMP Tier 1)--------04/09/2008

Arrived in the UK..........................10/10/2008

Extension (Tier 1 General) date (early)...................29/07/2010

Expiry of extension ..............................................29/07/2013

So as you can see there is a gap between 1st Clearance date and expiry of extension (36 days )

So Can I apply for ILR before 29/07/2013 or do I need extension for just 36 days of shortage I read the 5 year continues period assessment period but it doesn't say any thing about early extension.


Thank you very much In advance for your Advice
You can only apply for ILR 28 days before 04/09/2013. Unfortunately you need go for extn first and then for ILR.
Information provided is general guidance and does not constitute legal advice.

ammadnasim2
Newly Registered
Posts: 14
Joined: Thu May 09, 2013 5:53 pm

ILR QUALFIYING PERIOD FOR DEPENDENT

Post by ammadnasim2 » Thu May 09, 2013 7:12 pm

would like to apply for ILR my situation is as follows.

Myself
EC Stamped: 23 July 2008
First entry : 10 Oct 2008 (2 Month 20 Day(less then 90 Days)
Visa Expiry: 27 July 2013
Ami I satisfying 5 year Qualifying Period for ILR??


Dependant
EC Stamped: 12 Dec 2010
First entry : 10 Aug 2011 (More then 90 Days)
Visa Expiry: 27 July 2013
2 year Qulaifying period on 9 Aug 2013

Applying on PEO 15 July

Is she satisfying 2 Year Qualifying Period by 28 day Rule for Qualifying period??
Please help in explaining this situation.

uksettlement
Senior Member
Posts: 734
Joined: Sun Mar 04, 2012 7:07 pm
Location: London
Contact:
India

Re: ILR QUALFIYING PERIOD FOR DEPENDENT

Post by uksettlement » Thu May 09, 2013 8:20 pm

ammadnasim2 wrote:would like to apply for ILR my situation is as follows.

Myself
EC Stamped: 23 July 2008
First entry : 10 Oct 2008 (2 Month 20 Day(less then 90 Days)
Visa Expiry: 27 July 2013
Ami I satisfying 5 year Qualifying Period for ILR??
You qualify and can apply for ILR 28 days before 23rd July 2013

Dependant
EC Stamped: 12 Dec 2010
First entry : 10 Aug 2011 (More then 90 Days)
Visa Expiry: 27 July 2013
2 year Qulaifying period on 9 Aug 2013
Your wife will be eligible on 9th aug 2013

Applying on PEO 15 July
She will not qualify hence go for your ILR and she will have to renew her dependant visa

Is she satisfying 2 Year Qualifying Period by 28 day Rule for Qualifying period??
There is no 28 days criteria for dependants.

Please help in explaining this situation.
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.

ilrdep
Member
Posts: 148
Joined: Mon Nov 19, 2012 9:43 pm

Post by ilrdep » Thu May 09, 2013 10:36 pm

There are two option which I think are best for you:
1. Apply by Post (approval may take few months)
2. Apply for her ILR on 9th aug in PEO (you are applying within 28 days after expiry) , I am not sure whether this is right.

Seniors can comment on this

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri May 10, 2013 12:53 am

See also options.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ammadnasim2
Newly Registered
Posts: 14
Joined: Thu May 09, 2013 5:53 pm

UKBA answer

Post by ammadnasim2 » Tue May 14, 2013 9:27 am

I have phoned UKBA and they have come up with 15 July Date as the lady on the phone considered that by this date my depndent will be qualified as it is withing 28 days of qualifying period.

For me I qualify as well as i arrived within 90 day period.

Kindly confirm if UKBA gave me correct information.

ammadnasim2
Newly Registered
Posts: 14
Joined: Thu May 09, 2013 5:53 pm

2 year qualifying period not mandatory

Post by ammadnasim2 » Tue Aug 13, 2013 4:30 pm

Thanks everyone on this site which helped me in getting my ILR . Reason why I am helping others with my Post.

I am sharing my experience .

Case : Tier 1(2yrs) + Tier1(General) 3 yrs


Organised three set of documents.

Set 1 Main Letters
Set 2 Related to Work(PBS)
Set 3 Cohabitation Docs


ILR for main + 1 dependent

Documents submitted from Set 1:
- Set(o) form
- Passport
- Photos
- LIUK pass certificate
- Covering Letter

Documents submitted from Set 2:
Earning Evidence
- 12 payslips form permanent employment.
- 12 months personal B/S
- 3 Yrs P60
- Letter from Employer(With 12 Salaries table and table of absenses)


Documents submitted from Set 3:

- Council bill(joint name)
- Separate B/s for both of us
- GP letter
- NHS card
- Electoral cards
- Marriage certificate
- Child birth certificate
- Car Insurance
- Mobile Bills
- Energy bills

All Docs Photocopies(Including form as written on Form)
But form Photocopy was returned


Appointment 1:30 pm. all timing include queue time too.
reach 12:40 pm Not Allowed to Enter waited 20 min outside
- Receptionist check few fields in forms, stamps them and provided token number. Time taken 15 minutes
- Went to 3rd floor. Token number called for payment, paid using CC. Time taken 5 min.
- Got call for next counter this one was for case registration. 5 minutes
- Next call to to biometrics counter - 5 mins
Bypassed all queue as was with newborn who cried for few seconds Laughing
and we got all the attention

- Went to waiting area where there is TV screen shows each case status with token number was bit nervous as like most of us who have stakes in this country

- about 10 mins later token no. start appearing as case registered and awaiting.

waited 2 hours as bypassed others earlier. Crying or Very sad
- About 3:25pm case under consideration

- about 3:50 status ready for collection.
- Went to the counter and got the good news Smile

I hope my experience helps others with similar situation.



"Important info for everyone"

My wife did not completed 2 years in uk she was missing 25 Days but still got the visa

My colleague applied couple of days later and his wife was 3-4 months short of 2 years but still manage to get this visa no question asked.#

Apparently dependant applying together doesn't count for 2 year qualifying period.

so those who are worried about partner as they are short of qualifying period please feel free to apply together.

I travelled after2 moths 21 days (no issue as within 3 months)

Also they way I have received my originals it seems case worker didn't even removed the clips.

Hope this info helps

Let me know if I can help you

Surbi
Newly Registered
Posts: 12
Joined: Thu Sep 06, 2012 2:14 pm
Location: UK

Post by Surbi » Wed Aug 14, 2013 1:23 pm

Hi,

Please guys help me to plan for my ILR.

First visa (Tier 1 General) : 20/09/2009

Arrived in the UK : 29/01/2010 (more than 90 days - after 130 days)

First visa expire date: 20/09/2012

Extension: 27/11/2012 (got 67 extra days due to visa processing delays)

Expiry of extension: 27/11/2014

Completing 5 years continues stay by : 28/01/2015

Number of days gap between visa expiry and 5 yrs continues stay: 60 days

Please let me know what are my options:

1. Am I eligible for ILR by PEO?

2. Am I eligible for ILR by Post?

Thank you very much in advance

rrrr19
Newly Registered
Posts: 16
Joined: Mon Jul 19, 2010 10:12 pm

Re: ILR- Shortage of 36 Days

Post by rrrr19 » Thu Mar 20, 2014 1:35 pm

addtad2004 wrote:Hi

Can any one advice me on this one ...as it is not clear on UKBA website

My First VISA (HSMP Tier 1)--------04/09/2008

Arrived in the UK..........................10/10/2008

Extension (Tier 1 General) date (early)...................29/07/2010

Expiry of extension ..............................................29/07/2013

So as you can see there is a gap between 1st Clearance date and expiry of extension (36 days )

So Can I apply for ILR before 29/07/2013 or do I need extension for just 36 days of shortage I read the 5 year continues period assessment period but it doesn't say any thing about early extension.


Thank you very much In advance for your Advice

Hi Addtad2004,

Did you apply ur ILR or gone for extension?

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