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AM ELIGIBLE FOR 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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Debaj
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Joined: Fri Sep 20, 2013 1:14 am

AM ELIGIBLE FOR ILR

Post by Debaj » Tue Sep 24, 2013 12:35 am

I was initially granted my tier1 visa on the 13/02/2009, but i came to the UK late on the 26/06/2009 due to my wife not been able to travel because of early pregnancy warnings by the doctor and i had to stay with her. so now i have broken the 3months given to initialy come into the UK to avoid a second extension because of the period of stay for ILR will not be 5 years.
with the new immigration rule, does my days of not been in the country early enough counts as absences or the 3 month rule still stand. If it does count for absences its not up to 180 days. since gotten my extension to expire 25/05/2014 it was delayed for 3 months which was their fault by mispelling my dependants name wrong. the 3 months delay does it count has me in the country although i applied way before time.

Regards

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

Post by vinny » Tue Sep 24, 2013 12:47 am

As you entered the UK later than 90 days from the date of your entry clearance, the start date of your qualifying period for ILR is 26/06/2009.

You may apply for ILR from Thursday, 29 May 2014.

If you apply after your leave has expired, then the application must be perfect as there is no right of appeal. Also, you cannot work while overstaying.

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.

Debaj
Newly Registered
Posts: 2
Joined: Fri Sep 20, 2013 1:14 am

Post by Debaj » Tue Sep 24, 2013 1:00 am

Thank you for your swift reply well appreciated and noted. but i have one more clarification. the new rules states that they will give compassionate for those that fall in the category of eihter the primary applicant or dependant ill health, a loved one dead or natural disaster etc. i think in my case my wife was could not travel due to pregnancy and on doctors orders, thats what delayed us and moreover our baby was born in nov 2009 so we have proof of a baby born...lol. if i get the right documents am i still eligible to apply from the date of my initial.

Regards

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

Post by vinny » Tue Sep 24, 2013 1:05 am

Thanks for the info. I haven't read the above mentioned new rules yet. Do you have a link?
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.

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