Ilr approved after 9 months

[luqmanzaheer]

DOCUMENT CHECKLIST – LUQMAN AND THREE DEPENDENTS
1) Cover latter

2) Original Passports for each applicant

3) Application forms and Passport size Photos for each applicant x 2 as per guidelines at http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf
4) Self-Assessment result
5) Absences letter
Investment
No document included as points awarded in previous application
6) Employment creation
a) Passports Copies of all settled Workers
b) Duplicate payslips for all workers
c) FPS (RTI)
d) Current appointment report and filing history
e) Accountant letter for job creation and business growth

7) English (Automatically awarded)
• Automatically awarded for main applicant
• B1 certificate for dependent applicant
Life in the UK test result
• Certificate of main applicant
• Certificate of dependent applicant
9) Personal finances (10 points)
a) 90 days lloyds personal bank statement
b) 3 months wage slips for main applicant
c) 3 months wage slips for dependent

10) Evidence of cohabitation
1. UKBA letter (main applicant)
2. Cooperative energy bills (main applicant)
3. Edf energy bills (main applicant)
4. NI letter (dependent)
5. Delious special school letter ((main applicant) and dependent)
6. Favrisham primery acadmy letter ((main applicant)and dependent)
7. Ikano Bank statement (main applicant)
8. Santander bank statement (dependent)
9. Name change deed ((main applicant)and dependent)
10. EBAY invoices (dependent)
11. Talktalk landline bills (dependent)
12. Talktalk mobile bill (dependent)
13. Tenancy agreement
14. Marriage certificate ( also evidence for spouse name change)
15. Council tax letter (dependent)
16. Vitality health (dependent and main applicant)
17. Pc world (main applicant)
18. Pc world (dependent)
19. Rotoquip letter (dependent)

11) Additional documents
a) Employer liability insurance certificate
b) Response email received in relation to employee expire passport
c) MLR training certificate
d) Pension letter for employee declaration
e) FCA registration printout
f) business licence certificate
j) Hmrc tax paid letter
k) Business bank statement last 3 months

senior members i need your thoughts about document list am i missing any thing? I am going to apply on Monday thanks guys

[luqmanzaheer]

hi Dear members I am bit confuse on following points listed below in set o form i appreciate if senior members can clarify this for me.


1. section 6 page 21 > When did you (the main applicant) first enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based.

question is which date do i need to enter. i was entered in this country in sep 2007 and entered in tire 1 ENT visa in 15/10/2012?
2. 12E page 77> For the period before you were granted leave as a Tier 1 (Entrepreneur) migrant, documents
showing that you met the relevant requirements of the Immigration Rules.

question is what kind of documents HO looking forward from applicant before Tier 1 (Entrepreneur) leave?

guys guide me if possible.
kind regard

[Abc499]

1. if application based on T1E then you can use 15/10/2012
2. this question not for you, if you 5Y on T1E

[luqmanzaheer]

My Tire 1 Ent intial ws granted 15 /10/2012
Extension granted 07/10/2015
ext expiry 07/10/2017

so by this am i able to apply ILR on the date of 11/09/2017 which is 28 days before current visa expiry or i need to wait until 18 /09/2017 just to wait and complete 5 years first then apply if this is the case why HO gave ext till 07/10/2017 rather then 15/10/2017 whats logic.

any thoughts

[marcnath]

My Tire 1 Ent intial ws granted 15 /10/2012
Extension granted 07/10/2015
ext expiry 07/10/2017

so by this am i able to apply ILR on the date of 11/09/2017 which is 28 days before current visa expiry or i need to wait until 18 /09/2017 just to wait and complete 5 years first then apply if this is the case why HO gave ext till 07/10/2017 rather then 15/10/2017 whats logic.

any thoughts

You would need 5 years of lawful stay to qualify for ILR. You would not meet that on 11/9/17 as your stay between 7/10 and 15/10 will not be lawful.
The logic is very clearly stated in the guidance where they say please do not apply earlier than 28 days before as extensions are granted from the date of approval and you may run short of ILR requirements. That has been so clearly stated. Did you apply very early or were you just one of the lucky (in this case unlucky) ones who got the extension application approved under two weeks ?
So, you need to apply for an extension to your Tier 1 Visa before 7/10. You can then vary your application to an ILR if it has not been decided by 15/10.

[marcnath]

My Tire 1 Ent intial ws granted 15 /10/2012
Extension granted 07/10/2015
ext expiry 07/10/2017

so by this am i able to apply ILR on the date of 11/09/2017 which is 28 days before current visa expiry or i need to wait until 18 /09/2017 just to wait and complete 5 years first then apply if this is the case why HO gave ext till 07/10/2017 rather then 15/10/2017 whats logic.

any thoughts

In an older post, you said

Hi guys;
I got one quick question , am i able to apply for ilr 3 months before my current leave expire

i got my tire 1 entrepreneur visa (initial) 15/08/2012
extension approved 7/10/2015
current leave expire 7/10/2017

So, when was your initial Visa granted - 15/8 or 15/10 ?

[CR001]

You would need 5 years of lawful stay to qualify for ILR. You would not meet that on 11/9/17 as your stay between 7/10 and 15/10 will not be lawful.
The logic is very clearly stated in the guidance where they say please do not apply earlier than 28 days before as extensions are granted from the date of approval and you may run short of ILR requirements. That has been so clearly stated. Did you apply very early or were you just one of the lucky (in this case unlucky) ones who got the extension application approved under two weeks ?
So, you need to apply for an extension to your Tier 1 Visa before 7/10. You can then vary your application to an ILR if it has not been decided by 15/10.

There is no requirement that the visa must be valid up to and including the full 5 years residence. It must be valid on the date of application which can be within 28 days of reaching the full 5 years. Many applicants have applied 28 days before but have visa validity of less than full 5 years.

[luqmanzaheer]

My Tire 1 Ent intial ws granted 15 /10/2012
Extension granted 07/10/2015
ext expiry 07/10/2017

so by this am i able to apply ILR on the date of 11/09/2017 which is 28 days before current visa expiry or i need to wait until 18 /09/2017 just to wait and complete 5 years first then apply if this is the case why HO gave ext till 07/10/2017 rather then 15/10/2017 whats logic.

any thoughts

You would need 5 years of lawful stay to qualify for ILR. You would not meet that on 11/9/17 as your stay between 7/10 and 15/10 will not be lawful.
The logic is very clearly stated in the guidance where they say please do not apply earlier than 28 days before as extensions are granted from the date of approval and you may run short of ILR requirements. That has been so clearly stated. Did you apply very early or were you just one of the lucky (in this case unlucky) ones who got the extension application approved under two weeks ?
So, you need to apply for an extension to your Tier 1 Visa before 7/10. You can then vary your application to an ILR if it has not been decided by 15/10.

Thanks for your reply
can you explain bit more what your mean with
"You would need 5 years of lawful stay to qualify for ILR. You would not meet that on 11/9/17 as your stay between 7/10 and 15/10 will not be lawful. not understand
why I need to apply for ext as my initial visa was granted on 15/10/2012 and my ext expiry is 07/10/2017 and i am able to make ILR application before 28 days which would be 18/09/2017 whats your take>

[luqmanzaheer]

You would need 5 years of lawful stay to qualify for ILR. You would not meet that on 11/9/17 as your stay between 7/10 and 15/10 will not be lawful.
The logic is very clearly stated in the guidance where they say please do not apply earlier than 28 days before as extensions are granted from the date of approval and you may run short of ILR requirements. That has been so clearly stated. Did you apply very early or were you just one of the lucky (in this case unlucky) ones who got the extension application approved under two weeks ?
So, you need to apply for an extension to your Tier 1 Visa before 7/10. You can then vary your application to an ILR if it has not been decided by 15/10.

There is no requirement that the visa must be valid up to and including the full 5 years residence. It must be valid on the date of application which can be within 28 days of reaching the full 5 years. Many applicants have applied 28 days before but have visa validity of less than full 5 years.

Thanks for your reply so with our feed back look like am i able to apply ILR on 15/09/2017 am i right
initial :15/10/2012
ext: 07/10/2015
expiry: 07/10/2017

so with this my five years will be completed on 15/10/2017 so 28 days before means 18/09/2017 am i right.
one more thing i was applied my ext with in 28 days so HO according to rules are liable to extend for another full 2 years this is what guidance says if HO short my leave 7 days so i think this is HO mistake than.

[luqmanzaheer]

This topic has been discussed many times and I am in the same category short by few days - ILR due in April 2016 end.

For my peace of mind I had written a mail to workoperationalpolicy@homeoffice.gsi.gov.uk to confirm and they had indeed confirmed that there is no problem.
The answer was the following:
You are able to make an application up to 28 days before you would reach the qualifying period for settlement. Any application submitted prior to the expiry of your leave, will extend that leave under 3C of the 1971 Immigration Act until a decision is made on your application. As such, if you do not have a full 5 years leave, but the shortfall is 28 days or less, this should not affect your application for settlement.

Post this answer also I again wrote to doubly clarify and got following answer:
You can apply up to 28 days before you would reach the qualifying period, and as long as you apply before the expiry of your leave, your current leave would be extended under 3C.

I have stored the mail and will take a print out for PEO ILR extension. But based on this answer do not see a problem for you.

Thanks,
Jacob

I found this in this forum senior members what's your take am I able to submit ILR even 7 days shortfall

[marcnath]

Thanks for your reply
can you explain bit more what your mean with
"You would need 5 years of lawful stay to qualify for ILR. You would not meet that on 11/9/17 as your stay between 7/10 and 15/10 will not be lawful. not understand

why I need to apply for ext as my initial visa was granted on 15/10/2012 and my ext expiry is 07/10/2017 and i am able to make ILR application before 28 days which would be 18/09/2017 whats your take>

Since your Visa expires on 7/10, you are not lawfully here after that.
Of course, as I also pointed out once you send in an application, you will get Section 3C protection until the decision is made and your stay will be lawful.
It is interesting that HO allows ILR application when the requirement is not yet met. But if that has been the case, as others and even HO's own reply as pointed out, you are perfectly ok to apply 28 days before 15/10

[luqmanzaheer]

Thanks for your reply
can you explain bit more what your mean with
"You would need 5 years of lawful stay to qualify for ILR. You would not meet that on 11/9/17 as your stay between 7/10 and 15/10 will not be lawful. not understand

why I need to apply for ext as my initial visa was granted on 15/10/2012 and my ext expiry is 07/10/2017 and i am able to make ILR application before 28 days which would be 18/09/2017 whats your take>

Since your Visa expires on 7/10, you are not lawfully here after that.
Of course, as I also pointed out once you send in an application, you will get Section 3C protection until the decision is made and your stay will be lawful.
It is interesting that HO allows ILR application when the requirement is not yet met. But if that has been the case, as others and even HO's own reply as pointed out, you are perfectly ok to apply 28 days before 15/10

Just want to know is anyone got any email response from HO in regard of above issue shortfall issue?

[luqmanzaheer]

Dear members.
I am very confused I received email today from ukba in regard of 5 year Ilr eligibility with 7 days shortfall ho says I need to make extension application bcz my 5 year s not complete with current leave but when I review online forums and solicitors every one is sure we can do ILR application with short fall within in 28 days . I am confused what can I do?

[luqmanzaheer]

My question for senior members if I send extension application and after 8 days I will send ILR application to vary that means I am using section 3c just to strach and complete 5 years why I am not able to use section 3c if I directly send ILR application with 7 days short fall let say
My visa expiry. 07/10/2017
Five year complete on 15/10/2017
If I send application on 2nd of Oct 2017 abvously I am in time with current leave and Ho is not so quick to make decesion in 13 days and I will complete 5 years while my application will be in process why section 3c not works in this case I am very confused?

[zimba]

What is the rush ??! Few days are not going to make a difference ! Apply when eligible within the 28 days mark

[luqmanzaheer]

What is the rush ??! Few days are not going to make a difference ! Apply when eligible within the 28 days mark

thanks zimba i am not in rush as long as i dont need to send another extension for 7 days what u think what i need to do in tis situation?

[zimba]

no need for an extension

[luqmanzaheer]

no need for an extension

Dear Zimba I just received email from ukvi suggesting me to go for extension first and when your 5 year period will be completed go to vary application for ILR. I am very confused why I can't make ILR application directly rather than sending extension application first and than vary. My understanding is in both cases my current status will be same under 3c until decesion what's difference that extension Gona make am confused?

[zimba]

I repeated several time that there is NO NEED for extension if you are eligible for ILR. You must apply for ILR directly when eligible, which is within 28 days of completing the 5 years. This has nothing to do with section 3C

[luqmanzaheer]

I repeated several time that there is NO NEED for extension if you are eligible for ILR. You must apply for ILR directly when eligible, which is within 28 days of completing the 5 years. This has nothing to do with section 3C

this is email i have received zimba please give me feed back if possible
"
Thank you for your email dated 13th September regarding when you can apply for ILR.

My apologies for the conflicting information that you have received regarding your circumstance. I have looked in to this in great detail to clear this matter up for you. When applying for ILR, you can send an application in 28 days before completing the 5 year period, however this can only be done 28 days before if your current visa covers the five year period.

Because your visa will expire 7 days before the five year period, you will have to apply for an extension, before your visa runs out. However, once you have completed the five year period, you can then make a request to vary your application and change it to settlement.

Once again my apologies for the conflicting information that you have received.

Please note the onus is upon individual customers to ensure that they satisfy the requirements set out in the guidance material. The guidance material accompanies each and every application form. UK Visas and Immigration is not able to give, indicate or advise upon the outcome of any such application prior to it being given full and careful consideration.

[zimba]

This is not correct. The ILR specified period will be calculated from the DATE OF THE ILR APPLICATION and counting backwards for 5 years.

See:
Calculating the specified continuous period in Indefinite leave to remain: calculating continuous period in UK

[marcnath]

This is not correct. The ILR specified period will be calculated from the DATE OF THE ILR APPLICATION and counting backwards for 5 years.

See:
Calculating the specified continuous period in Indefinite leave to remain: calculating continuous period in UK

The OP's issue is not the specified period but rather the continuous period need to qualify for the ILR.

In the same document, under
How to determine if the continuous period is spent lawfully in the UK , it says

This section tells you how to decide if the continuous period is spent lawfully in the UK. The applicant must not have spent any of their time in the UK without valid leave to enter or remain.

So, if the OP applies 28 days before he reaches the year continuous period, i,e 28 days before 15/10, the period between 7/10 and 15/10 would be without a valid leave (since Section 3C only applies after 7/10)

That means the CW (if they are following the guidance in the link) must refuse indefinite leave to remain (ILR) if the applicant does not meet the continuous period requirement set out in the Immigration Rules. (Page 6, third para of the guidance)

So, I understand why UKVI has advised that OP needs to apply for extension first and then can vary it to ILR after 15/10.

Obviously, @luqmanzaheer - you can go ahead with ILR application directly say on the 1st of October, delay giving your biometrics until 15th of October, so that the application would be considered only after 15/10, by which time you have met the 5 year lawful stay. But there is no way you can be sure they will wait for the biometrics before starting to process your application - so you run a small risk.

[zimba]

The OP's issue is not the specified period but rather the continuous period need to qualify for the ILR.

The period required to qualify for ILR is called the continuous specified period. There are no two periods as you make it

So, if the OP applies 28 days before he reaches the year continuous period, i,e 28 days before 15/10, the period between 7/10 and 15/10 would be without a valid leave (since Section 3C only applies after 7/10)
That means the CW (if they are following the guidance in the link) must refuse indefinite leave to remain (ILR) if the applicant does not meet the continuous period requirement set out in the Immigration Rules. (Page 6, third para of the guidance)

That makes no sense as the END of the continuous specified period will be assumed the DATE OF THE APPLICATION, hence counting backwards from that date makes all the shortfall after such date irrelevant.

See: indefinite-leave-to-remain/10-year-ilr- ... ml#p945766

[luqmanzaheer]

Thanks dear but can you confirm one thing when you are saying after 07/10 till 15/10 my status will not be lawful if I apply 28 days before 15/10 but how?
Let's say I am applying on 29/09/2017 and till 07/10 I got leave and after that 3c applies how period between 07/10/17 till 15/10/17 is not lawful I am confused ?

[zimba]

It is not unlawful at all. Section 3C will kick in after you visa expires and you will be lawful all the way through until your in time application is pending.
However as I outlined several times, you can apply for ILR 28 days before completing the 5 years even if your visa does not stretch the full 5 years.
The application date sets the end of your continuous specified period and anything after that is ignored. That is how someone can get ILR on the same day without having visa for 5 lawful years.
Please go and check the link I provided above