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Waiting for the result on Extention

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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nish_patel7
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Posts: 127
Joined: Tue Nov 06, 2012 12:21 pm
Location: LONDON

Waiting for the result on Extention

Post by nish_patel7 » Sun Dec 17, 2017 1:35 pm

Hello,

How long before I can make the ILR application if my extention application is under process, it seems like its gonna take another 6 months atleast before they decide, my question is i have got roughly one year left for my 10 years to complete, can you make ILR application early and if yes how early? I heard people do apply early.

Thanlks
Nish

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marcnath
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Joined: Tue Jul 03, 2012 3:27 pm
Location: Milton Keynes
United Kingdom

Re: Waiting for the result on Extention

Post by marcnath » Sun Dec 17, 2017 2:01 pm

You mean ILR (LR) application. That is still 28 days before you qualify.
The Long Residence guidance for CWs states this:

Applications being considered more than 28 days before the required qualifying period is completed
If you are considering an application more than 28 days before the applicant completes the required qualifying period for long residence you must refuse. This is because the applicant has not completed the required period of leave in the UK.
You must fully consider the case and mention any other reasons for refusal in addition to the applicant not spending enough time in the UK to complete the qualifying period. For example, all breaks in continuous residence.
Applicants who are refused under the long residence rules due to them submitting their application too early can re-apply once they have completed their qualifying leave or up to 28 days before this.


I can't see any leeway for the CW to accept an application applied before 28 days.

Full guidance at https://www.gov.uk/government/uploads/s ... -v15_0.pdf
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Momi
Senior Member
Posts: 644
Joined: Tue Jan 08, 2013 2:08 pm
United Kingdom

Re: Waiting for the result on Extention

Post by Momi » Sun Dec 17, 2017 3:46 pm

marcnath wrote:
Sun Dec 17, 2017 2:01 pm
You mean ILR (LR) application. That is still 28 days before you qualify.
The Long Residence guidance for CWs states this:

Applications being considered more than 28 days before the required qualifying period is completed
If you are considering an application more than 28 days before the applicant completes the required qualifying period for long residence you must refuse. This is because the applicant has not completed the required period of leave in the UK.
You must fully consider the case and mention any other reasons for refusal in addition to the applicant not spending enough time in the UK to complete the qualifying period. For example, all breaks in continuous residence.
Applicants who are refused under the long residence rules due to them submitting their application too early can re-apply once they have completed their qualifying leave or up to 28 days before this.


I can't see any leeway for the CW to accept an application applied before 28 days.

Full guidance at https://www.gov.uk/government/uploads/s ... -v15_0.pdf
But I know few cases where applicant got ILR after completing more than 9 years.
My house mate applied ILR after 9 years 5 months and he got ILR approved before completing 10 years. one friend of mine applied ILR after 9 years 7 months and he got approval in 5 months.
A neighbour of my friend applied ILR after 9 years 15 days and got approval after 5 and half monthS.

There are many more cases but it all depends how much you are working for society because all of them were active charity volunteers and home office accepted their contribution in society.

One more thing is if you have all family here and settled then they consider these circumstances as well but not all the times.

Aabdulwaheed
Member
Posts: 127
Joined: Wed Sep 18, 2013 8:00 am

Re: Waiting for the result on Extention

Post by Aabdulwaheed » Sun Dec 17, 2017 10:01 pm

It is not possible to get ILR before 28 days to complete 10 years residency. It has nothing to do how much you contribute to the society or work voluntary. 10 years ILR immigration rules guidance is very clear and straight forward. i dont know how ur friends applied before 10 years? first time hear this.

Momi
Senior Member
Posts: 644
Joined: Tue Jan 08, 2013 2:08 pm
United Kingdom

Re: Waiting for the result on Extention

Post by Momi » Sun Dec 17, 2017 10:29 pm

Aabdulwaheed wrote:
Sun Dec 17, 2017 10:01 pm
It is not possible to get ILR before 28 days to complete 10 years residency. It has nothing to do how much you contribute to the society or work voluntary. 10 years ILR immigration rules guidance is very clear and straight forward. i dont know how ur friends applied before 10 years? first time hear this.
Many people got ILR before 10 years.
But its pointless to argue here.

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