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Tricky Question in 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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valeed.naim2
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Posts: 119
Joined: Thu Apr 18, 2013 12:04 pm

Tricky Question in ILR

Post by valeed.naim2 » Tue May 28, 2013 8:01 pm

What is the correct answer to the following question in Set (O) form:

6.1 When did you (the main applicant) first enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based.

I came on student visa in 4 setp 2004 and got the tier visa (G) visa on 15 June 2008 inside the UK.

Now applying for ILR so which date I should select. Thanks,

sheraz7
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Location: UK

Re: Tricky Question in ILR

Post by sheraz7 » Tue May 28, 2013 8:21 pm

valeed.naim2 wrote:
When did you (the main applicant) first enter the UK?
4 setp 2004
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Kevin24
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Re: Tricky Question in ILR

Post by Kevin24 » Tue May 28, 2013 8:41 pm

sheraz7 wrote:
valeed.naim2 wrote:
When did you (the main applicant) first enter the UK?
4 setp 2004
Hi! sheraz 7,

I am not disputing your suggestion. Since the application is based on 5 years continuous stay for 5 years for ILR, should the date be the 2008 one?

Please clarify.
KEVIN
Please Don't send me P. M If I haven't sent you One .

valeed.naim2
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Posts: 119
Joined: Thu Apr 18, 2013 12:04 pm

Re: Tricky Question in ILR

Post by valeed.naim2 » Tue May 28, 2013 9:25 pm

Kevin24 wrote:
sheraz7 wrote:
valeed.naim2 wrote:
When did you (the main applicant) first enter the UK?
4 setp 2004
Hi! sheraz 7,

I am not disputing your suggestion. Since the application is based on 5 years continuous stay for 5 years for ILR, should the date be the 2008 one?

Please clarify.
Different suggestion from members confuse me about this question. Please reply.

sheraz7
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Location: UK

Post by sheraz7 » Tue May 28, 2013 9:42 pm

Based on the sense that a person can be living for more than 5 years and despite 5 years on employment route finally leads to ILR but this relevant section actually want to know the date of first time enter and regardless of the time an applicant apply the same question is repeatedely being asked and it must need the same answer in same context.
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valeed.naim2
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Posts: 119
Joined: Thu Apr 18, 2013 12:04 pm

Post by valeed.naim2 » Tue May 28, 2013 9:49 pm

My friend was saying the same think but still waiting for another members.

Kevin24
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Post by Kevin24 » Tue May 28, 2013 9:50 pm

sheraz7 wrote:Based on the sense that a person can be living for more than 5 years and despite 5 years on employment route finally leads to ILR but this relevant section actually want to know the date of first time enter and regardless of the time an applicant apply the same question is repeatedely being asked and it must need the same answer in same context.
Thank you for the clarification.
KEVIN
Please Don't send me P. M If I haven't sent you One .

valeed.naim2
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Posts: 119
Joined: Thu Apr 18, 2013 12:04 pm

Post by valeed.naim2 » Tue May 28, 2013 9:51 pm

Kevin24 wrote:
sheraz7 wrote:Based on the sense that a person can be living for more than 5 years and despite 5 years on employment route finally leads to ILR but this relevant section actually want to know the date of first time enter and regardless of the time an applicant apply the same question is repeatedely being asked and it must need the same answer in same context.
Thank you for the clarification.

Kevin what u suggest now.

deleted_user

Post by deleted_user » Tue May 28, 2013 11:15 pm

This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based.
I am in similar situation and I think, based on the hi-lighted context, the answer for this question for OP is 15 June 2008.
The complication for putting 2004 (actual date of entry to UK) is that question following this one is about leaves from UK from entry date, so then OP has to explain leaves from 2004, which is not relevant to his ILR application, because his 5 year qualifying period begins in 2008.

sheraz7
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Post by sheraz7 » Wed May 29, 2013 1:26 pm

I believe the (Section 6 IMMIGRATION HISTORY ) itself very clearly say that this section belongs to the immigration history of applicant without pacifically mentioning that it need to be 5 years older. Therefore, in OP's case it will start from 2004 when he firstly entered.
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deleted_user

Post by deleted_user » Wed May 29, 2013 1:31 pm

Therefore, in OP's case it will start from 2004 when he firstly entered
Man, so it means the OP, and myself, have to list all our leaves outside of UK starting 2004 in the question following this one?

What a pain... :x

Kevin24
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Post by Kevin24 » Wed May 29, 2013 1:54 pm

sheraz7 wrote:I believe the (Section 6 IMMIGRATION HISTORY ) itself very clearly say that this section belongs to the immigration history of applicant without pacifically mentioning that it need to be 5 years older. Therefore, in OP's case it will start from 2004 when he firstly entered.
Then OP has to list all his absences from 2004 with reasons. That would be the best way to fill the Immigration History.
KEVIN
Please Don't send me P. M If I haven't sent you One .

deleted_user

Post by deleted_user » Wed May 29, 2013 1:57 pm

Seriously guys! I don't remember what I did last month :shock: . Good luck to OP.

wmazhar
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Re: Tricky Question in ILR

Post by wmazhar » Wed May 29, 2013 2:15 pm

I was confuse on this question as well, but I put the date when my tier 1 (G) granted and my ILR was approved so in your case it will be 15 June 2008
valeed.naim2 wrote:What is the correct answer to the following question in Set (O) form:

6.1 When did you (the main applicant) first enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based.

I came on student visa in 4 setp 2004 and got the tier visa (G) visa on 15 June 2008 inside the UK.

Now applying for ILR so which date I should select. Thanks,

sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Post by sheraz7 » Wed May 29, 2013 2:48 pm

Lets suppose if a person who was on tier 4 who actually entered in 2004 but managed to switched into tier 1 from within the UK in 2008 and if he has been asked that when did you entered 1st time in UK then what should be the best reply either 2004/2008?
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Kevin24
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Joined: Mon Dec 03, 2012 4:17 pm

Post by Kevin24 » Wed May 29, 2013 2:50 pm

Kevin24 wrote:
sheraz7 wrote:I believe the (Section 6 IMMIGRATION HISTORY ) itself very clearly say that this section belongs to the immigration history of applicant without pacifically mentioning that it need to be 5 years older. Therefore, in OP's case it will start from 2004 when he firstly entered.
Then OP has to list all his absences from 2004 with reasons. That would be the best way to fill the Immigration History.
If you want to enter all the absences from 15/06/2008 on the SET O form.Immigration History and have a separate sheet listing all the absences from 2004 to 2008. CW will check all your absences from your passport and then only she will check your SET O form. This is waht she did for me. Since My absences were only 55 days,she said it was O.K but took the letter from MY Employer.
KEVIN
Please Don't send me P. M If I haven't sent you One .

deleted_user

Post by deleted_user » Wed May 29, 2013 3:16 pm

Lets suppose if a person who was on tier 4 who actually entered in 2004 but managed to switched into tier 1 from within the UK in 2008 and if he has been asked that when did you entered 1st time in UK then what should be the best reply either 2004/2008?
The answer would be 2004, if the question was asked simply like that.

But here the form is explicitly qualifying the date by adding the statement "This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based." which, in my opinion, then changes the answer to 2008. Because this application is based on a period of stay beginning 2008, when OP was already in UK.

Its a trick question :) Logically as OP was already in the UK, the correct answer should be "Never", since he never entered the UK in 2008

sheraz7
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Post by sheraz7 » Wed May 29, 2013 3:46 pm

@kevin24
CW always encourage to use additional sheets if necessary. An applicant is always expected to attach all of its passport and mention all absences but only the absences relating to the relevant category for which applied for will be applied. But this question when a person 1st time entered and when last time entered is almost all category's application forms.
All the best.
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