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ILR Calculation

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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apvn
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Posts: 8
Joined: Thu Apr 05, 2012 3:09 pm

ILR Calculation

Post by apvn » Thu Apr 05, 2012 3:11 pm

I am in Tier 1 general visa. I am planning to apply for ILR this September 2012. After I got my entry clearance I entered UK after 2months, 28days (89 days). From one of the document related to ILR guidance I read that if the applicant enters the country with 3 months of the date of entry and date of issue of visa then he would be eligible for ILR after 4 years 11th month from the date of issue of entry clearance visa. Is this right? Do I need to do an extension and then do a ILR after 5 years completion? Please advice.

Initial UK Entry clearance: 25/10/2007
Date of entry to UK : 21/01/2008
Date of expiry of residence permit : 25/10/2012


thanks

selva
Member
Posts: 204
Joined: Wed Aug 17, 2011 3:21 pm

Re: ILR Calculation

Post by selva » Thu Apr 05, 2012 3:27 pm

apvn wrote:I am in Tier 1 general visa. I am planning to apply for ILR this September 2012. After I got my entry clearance I entered UK after 2months, 28days (89 days). From one of the document related to ILR guidance I read that if the applicant enters the country with 3 months of the date of entry and date of issue of visa then he would be eligible for ILR after 4 years 11th month from the date of issue of entry clearance visa. Is this right? Do I need to do an extension and then do a ILR after 5 years completion? Please advice.

Initial UK Entry clearance: 25/10/2007
Date of entry to UK : 21/01/2008
Date of expiry of residence permit : 25/10/2012


thanks
Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but due to
delayed travel will not have spent five years continuously in the UK before their current leave
expires. Caseworkers may count the period between entry clearance being granted and the
date the applicant entered the UK towards the five years, provided this period was not
longer than three months.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary


Q: were you given continuous 5 years in T1 General visa or switch categories

apvn
Newly Registered
Posts: 8
Joined: Thu Apr 05, 2012 3:09 pm

Post by apvn » Thu Apr 05, 2012 3:38 pm

thanks for your replies, selva. I got HSMP for 2 years and extended my visa in Tier1 general for 3 years which is going to expire this October.

linkers
Respected Guru
Posts: 1306
Joined: Fri Dec 30, 2011 10:55 am

Post by linkers » Thu Apr 05, 2012 4:12 pm

Apvn: As per the modernised guidance, if you enter UK within 90 days of getting EC (which in your case you did), you are eligible to apply for ILR 28 days before the 5th anniversary of your entry clearance date.

You got HSMP on Thursday, 25 October 2012, and you are eligible to apply for ILR on or after Thursday, 27 September 2012.
http://www.timeanddate.com/date/dateadd ... &ad=28&aw=


If you are planning to apply in person at one of the PEOs, you need to book an appointment 42 days in advance (as this is when the slots become available). To book an appointment for Thursday, 27 September 2012, you need to do it online on Thursday, 16 August 2012.
http://www.timeanddate.com/date/dateadd ... &ad=42&aw=

apvn
Newly Registered
Posts: 8
Joined: Thu Apr 05, 2012 3:09 pm

Thank you very much

Post by apvn » Sun Jul 29, 2012 2:54 pm

I also need to apply ILR for my wife who entered UK on 7th of Jan 2012 (expires on 25 Oct 2012 along with my visa). I believe she needs to complete two years in UK to get her ILR done. During this period she will get a extension to stay in UK. Is my understanding correct? Does she need to take life in the UK test along with me for this extension?

I am planning to book in person appointment in a PEO, so can she apply for the extension in the same appointment I would have for ILR.

apvn
Newly Registered
Posts: 8
Joined: Thu Apr 05, 2012 3:09 pm

Life in the Uk test

Post by apvn » Sun Jul 29, 2012 8:58 pm

one more question, do my wife need to take life in the uk test for her extension?

tier1Reading
Member
Posts: 171
Joined: Thu Jun 14, 2012 12:45 pm

Re: Thank you very much

Post by tier1Reading » Mon Jul 30, 2012 12:34 pm

apvn wrote:I also need to apply ILR for my wife who entered UK on 7th of Jan 2012 (expires on 25 Oct 2012 along with my visa). I believe she needs to complete two years in UK to get her ILR done. During this period she will get a extension to stay in UK. Is my understanding correct? Does she need to take life in the UK test along with me for this extension?

I am planning to book in person appointment in a PEO, so can she apply for the extension in the same appointment I would have for ILR.
Read this FAQ
http://www.immigrationboards.com/viewtopic.php?t=79378

tier1Reading
Member
Posts: 171
Joined: Thu Jun 14, 2012 12:45 pm

Re: Life in the Uk test

Post by tier1Reading » Mon Jul 30, 2012 12:35 pm

apvn wrote:one more question, do my wife need to take life in the uk test for her extension?
Yes. Also take test as early as possible, as there are some proposed changes to be made to LIUK.

apvn
Newly Registered
Posts: 8
Joined: Thu Apr 05, 2012 3:09 pm

FLR for my wife

Post by apvn » Sun Aug 12, 2012 7:24 pm

Thanks for the forum link. I could not understand one thing very well.

My wife came to UK last January and has not completed 2 years to be eligible for ILR dependent(to use SET(M) form). So I believe she needs to do FLR (M) for now.
I planning to apply for ILR next month. If I book a PEO visa appointment it asks to select a category of visa which is "Set(O)" for me and number of dependents. Can I choose her as a dependent and go to PEO and apply FLR(M) for her. Do I need to apply for ILR first and once I got my ILR approved only then I will be able to do FLR(M) for her?

Please, could you advice?

thanks in advance

Rajuk09
Member of Standing
Posts: 364
Joined: Wed May 20, 2009 8:17 pm

Re: ILR Calculation

Post by Rajuk09 » Mon Aug 13, 2012 11:00 am

selva wrote:
apvn wrote:I am in Tier 1 general visa. I am planning to apply for ILR this September 2012. After I got my entry clearance I entered UK after 2months, 28days (89 days). From one of the document related to ILR guidance I read that if the applicant enters the country with 3 months of the date of entry and date of issue of visa then he would be eligible for ILR after 4 years 11th month from the date of issue of entry clearance visa. Is this right? Do I need to do an extension and then do a ILR after 5 years completion? Please advice.

Initial UK Entry clearance: 25/10/2007
Date of entry to UK : 21/01/2008
Date of expiry of residence permit : 25/10/2012


thanks
Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but due to
delayed travel will not have spent five years continuously in the UK before their current leave
expires. Caseworkers may count the period between entry clearance being granted and the
date the applicant entered the UK towards the five years, provided this period was not
longer than three months.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary


Q: were you given continuous 5 years in T1 General visa or switch categories
Entry Clearance stamped - 17th Nov 2007
Entered UK - 24th Jan 2008
Visa type - Work permit
Switched to T1 G - March 2010
Visa valid until March 2013

So I cannot apply before Feb 2013 ? (because I have visa left and I do not qualify ? )

Earlier , Guys were referring that I can apply from 22 Oct 2012 ? Please clarify

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