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What date does Settled Status start from?

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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bmerry
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Joined: Mon Aug 12, 2013 2:26 am

What date does Settled Status start from?

Post by bmerry » Wed Dec 27, 2017 2:02 pm

Hi, I wonder whether anybody can please help?

My husband is applying for ILR this coming year. His Ancestry visa is valid from 11/09/13 and he entered the UK on 12/09/13. He has not left the country since so will complete his 5 year qualifying period on 11/09/18 (which is also the date his ancestry visa expires).

He is planning to apply for ILR at a same-day premium service appointment as soon as he is able to (within 28 days of his visa expiring, so we are aiming to get an appointment between 15/08/18 and 31/08/18 if at all possible).

He has applied to start university in the UK from September 2018. The regulations governing university fee status state that in order to be classed as a 'home' student (and therefore be charged the same tuition fees as a British student, and also to receive student loans etc.), he needs to have 'Settled Status' (ILR) on or before the first day of his course. This date is set out in government regulations as: 01/09/18 if he were to start in September 2018 (even if the actual course starts at the end of September, as most university courses do).

My question is this:

If he has his same-day ILR application appointment before 01/09/18 and is awarded ILR on that day (as is usually the case), will his settled status be dated as commencing on the date of the appointment at which it is awarded, or from the day after his ancestry visa expires (12/09/18)?

For example, if he has his appointment on 18/08/18, will he be classed as having settled status from that day, or will they give him a letter on the day saying he has been awarded settled status and that it will commence on 12/09/18?

Anyone who is able to answer this would be very much appreciated as whether or not his ILR will be dated before or after 01/09/18 will have a huge impact on our lives (whether or not we can go to university next September and all the implications that entails for our jobs, finances, moving house, career plans etc.).

Anyone else been awarded ILR at a same day appointment? Was your settled status dated from the day of the appointment or the day after your visa was due to expire?

Thank you!

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Casa
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Re: What date does Settled Status start from?

Post by Casa » Wed Dec 27, 2017 2:26 pm

Settled status will commence on the day he is granted ILR, not the expiry date of his current visa.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

bmerry
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Posts: 5
Joined: Mon Aug 12, 2013 2:26 am

Re: What date does Settled Status start from?

Post by bmerry » Wed Dec 27, 2017 5:24 pm

Thanks Casa, so does this mean he could theoretically be granted ILR on the day of his premium service appointment which would be within the 28 days preceding the end of his qualifying period and current visa expiration date (both of which are the same date - 11/09/18), meaning that he could have settled status before 11/09/18 (and therefore also potentially before 01/09/18 if we can get an appointment before then)?

Thanks!

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Casa
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Re: What date does Settled Status start from?

Post by Casa » Wed Dec 27, 2017 6:08 pm

bmerry wrote:
Wed Dec 27, 2017 5:24 pm
Thanks Casa, so does this mean he could theoretically be granted ILR on the day of his premium service appointment which would be within the 28 days preceding the end of his qualifying period and current visa expiration date (both of which are the same date - 11/09/18), meaning that he could have settled status before 11/09/18 (and therefore also potentially before 01/09/18 if we can get an appointment before then)? Yes
Thanks!
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

bmerry
Newly Registered
Posts: 5
Joined: Mon Aug 12, 2013 2:26 am

Re: What date does Settled Status start from?

Post by bmerry » Wed Dec 27, 2017 11:10 pm

Brilliant, thanks Casa for your help! Very much appreciated :)

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