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ILR Shortfall and possible way out

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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rizwan567
Diamond Member
Posts: 1098
Joined: Sat Mar 23, 2002 1:01 am
Location: Greater London

ILR Shortfall and possible way out

Post by rizwan567 » Mon Jun 24, 2013 4:25 pm

I will be thankful if you can share your views on that:

Situation:
Tier 1 General stamped: 15 Sep 2008
Applicant flew into country: 15 Jan 2009 (Four months after)
Extended until: 15 Sep 2013

Now, my question here is that applicant (with 4 dependents) need to get 2nd extension in order to complete full 5 years within the UK before applying for ILR. And its an extra cost of 6200 pounds in Tier 1 General application fee only!!!!!

I am aware that these days, postal Tier 1 General ILR applications are taking 6+ months to be decided by UK. Now my question here is, If applicant apply for ILR by post on 14 Sep 2013 and say caseworker decides ILR application somewhere in June 2014, will ILR application be successful? Because by that time/by decision day, applicant would have completed 5 years in the UK under section 3C of immigration act.. Will this work?

Others please comment on this. If this works then lots of people are having short fall of 1-3 months, can save lots and lots of money by taking this approach by saving fee and hassle of 2nd extension.

I wait for your replies.

shahid2000
Member of Standing
Posts: 293
Joined: Tue Sep 11, 2012 2:20 pm

Re: ILR Shortfall and possible way out

Post by shahid2000 » Mon Jun 24, 2013 4:32 pm

rizwan567 wrote:I will be thankful if you can share your views on that:

Situation:
Tier 1 General stamped: 15 Sep 2008
Applicant flew into country: 15 Jan 2009 (Four months after)
Extended until: 15 Sep 2013

Now, my question here is that applicant (with 4 dependents) need to get 2nd extension in order to complete full 5 years within the UK before applying for ILR. And its an extra cost of 6200 pounds in Tier 1 General application fee only!!!!!

I am aware that these days, postal Tier 1 General ILR applications are taking 6+ months to be decided by UK. Now my question here is, If applicant apply for ILR by post on 14 Sep 2013 and say caseworker decides ILR application somewhere in June 2014, will ILR application be successful? Because by that time/by decision day, applicant would have completed 5 years in the UK under section 3C of immigration act.. Will this work?

Others please comment on this. If this works then lots of people are having short fall of 1-3 months, can save lots and lots of money by taking this approach by saving fee and hassle of 2nd extension.

I wait for your replies.
I think the main problem here will that you have to be eligible to apply for ILR on the day when UKBA "receive" your application. IMHO this will be a straight refusal. You cannot send the application more than 28 days before your fifth anniversary.

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

Post by vinny » Mon Jun 24, 2013 5:23 pm

Suggested options. Option 1 may be safer?
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.

rizwan567
Diamond Member
Posts: 1098
Joined: Sat Mar 23, 2002 1:01 am
Location: Greater London

Post by rizwan567 » Mon Jun 24, 2013 8:12 pm

Vinny - thanks a lot for your answer. I have gone through the links you have provided and got the answer.

Regards

rizwan

go2khurram
Member of Standing
Posts: 335
Joined: Mon Mar 03, 2008 12:01 pm
Location: UK

Post by go2khurram » Wed Jun 26, 2013 9:30 am

I choose the Option2. How you are applying?

Tier 4
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Posts: 946
Joined: Sat Jan 16, 2010 1:22 pm
Location: N/A
Contact:

Post by Tier 4 » Wed Jun 26, 2013 6:50 pm

go2khurram wrote:I choose the Option2.
Whats happen with your application did you get your ILR?
N/A

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