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ILR-5 Years completion

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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RahulMORIS
Newly Registered
Posts: 3
Joined: Thu Jul 04, 2013 4:34 pm

ILR-5 Years completion

Post by RahulMORIS » Thu Jul 04, 2013 4:47 pm

Hi

I have a query regarding my ILR.

Initial Tier 1 visa issued from 03 March 2009 - 03 March 2012
Tier 1 visa extension(PEO) 07 Feb 2012 - 07 Feb 2014

I will be eligible for my ILR only on 03 March 2014 (5 years) but my visa is valid only till 07 Feb 2014.

But I think I can apply for ILR 28 days early (4 Years 11 month), so i can apply after 03 Feb 2014.

My question is can I apply one month before my expiry 07 Feb 2014 which will be 07 Jan 2014 ?

The reason being my wife visa expires on 07 Feb 2014 and she has not completed 2 years

My wife's visa issued in India on 29th Feb 2012 but her traveled date was 14th March 2012.
She will complete her 2 years only in March 2014, but her visa is valid only till 07 Feb 2014 same as mine.


Any help is much appreciated.

R

sonub4ualt
Member of Standing
Posts: 255
Joined: Wed Jun 09, 2010 9:50 pm

Re: ILR-5 Years completion

Post by sonub4ualt » Thu Jul 04, 2013 7:29 pm

RahulMORIS wrote:Hi

I have a query regarding my ILR.

Initial Tier 1 visa issued from 03 March 2009 - 03 March 2012
Tier 1 visa extension(PEO) 07 Feb 2012 - 07 Feb 2014

I will be eligible for my ILR only on 03 March 2014 (5 years) but my visa is valid only till 07 Feb 2014.

But I think I can apply for ILR 28 days early (4 Years 11 month), so i can apply after 03 Feb 2014.

My question is can I apply one month before my expiry 07 Feb 2014 which will be 07 Jan 2014 ?

The reason being my wife visa expires on 07 Feb 2014 and she has not completed 2 years

My wife's visa issued in India on 29th Feb 2012 but her traveled date was 14th March 2012.
She will complete her 2 years only in March 2014, but her visa is valid only till 07 Feb 2014 same as mine.

Any help is much appreciated.

R
No, your qualifying period is 28 days before you reach your continuous stay of 5 years, so you cannot apply one month ahead, otherwise you will fall for refusal.

for your spouse you will be lucky if they consider the date of stamp on her passport, but I think they will start the clock from the date she travelled to UK as your dependant.

Please check this:
http://www.ukba.homeoffice.gov.uk/sitec ... 020091.pdf

RahulMORIS
Newly Registered
Posts: 3
Joined: Thu Jul 04, 2013 4:34 pm

Post by RahulMORIS » Mon Jul 08, 2013 4:58 pm

Thanks Sonu

I think my case is getting complicated, I might need a lawyer.

Initial Tier 1 visa issued from 03 March 2009 - 03 March 2012
Tier 1 visa extension(PEO) 07 Feb 2012 - 07 Feb 2014


There is mistake from the home office initially my visa was expiring on 03 March 2012, but I have submitted my application personally in Glasgow on 07 Feb.

Instead of giving me the visa from 03 March 2012-03 March 2014.

Home office have issued the visa from the date I have applied
07 Feb 2012-07 Feb 2014.

Problem is if I apply for my ILR any date after 03 Feb (Completion of my 4 years 11 months) personally I will receive my ILR bio metric in a week or so.

But my wife's visa expires on 07 Feb 2014.If I have to apply for FLR (M) I need my biometric which I will not receive by then.

Not really sure what to do ?

1. Can I apply for my wifes FLR(M) along with my ILR ?
2. Since the home office have issued the visa stamping a month early I can apply through a lawyer stating the same ?

R

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