shanybaba1974 wrote:Mind_The_Gap wrote:Q # 1. Can I apply for ILR before 6 April 2014?
15 Apr 2009* + 4years 11months 2days** = on or after Monday, March 17, 2014
*
90 day concession (page22): The entry clearance stamp date is counted as the date of the start of the 5 year lawful residence not the Entry date in the UK itself, under the condition that the Tier 1 G migrant enter within 90 days of the EC.
**
28 days - Please do not send us your application more than 28 days before you become eligible to apply. If you do, we may refuse your application with no refund of the application fee (if a fee is charged for your application type). However, you must make your application before your current permission to stay in the UK expires.
Q # 2. Will the new immigration rules announced yesterday affect me if I apply after 6 April 2014?
Yes
MindTheGap (fellow Tier 1 G ILR applicant)
Hello,
Can I apply for my ILR if I have completed the qualifying period of my 5th year before the full year ends, e.g., after 4 yrs & 7 months as my leave to remain is expiring?
Can you apply for settlement?
To be able to apply for settlement, you must meet the requirements.
1. You must currently be in the UK under Tier 1 (General).
2. You must have spent a continuous residence period of
5 years* here in any combination of the following immigration categories:
Tier 1 (General)
Highly Skilled Migrant Programme
work permit holder
innovator
self-employed lawyer
writer, composer or artist
Tier 2 (General)
Tier 2 (Minister of religion)
Tier 2 (Sportsperson)
Tier 2 (Intra company transfer), if your permission was granted under the Immigration Rules in place before 6 April 2010
3. During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 calendar months.
4. Time spent in the Channel Islands and the Isle of Man may be included in the continuous period, as long as you were given permission to stay in any of the following categories:
. Tier 1(General);
. Highly Skilled Migrant Programme;
. work permit holder in an occupation for which a work permit would have been granted in the UK;
. innovator;
. self-employed lawyer;
. writer, composer or artist;
. Tier 2 (General) as long as it was in an occupation that you would have been given permission to stay, as a Tier 2 (General) migrant, in the UK for;
. Tier 2 (Sportsperson);
. Tier 2 (Minister of Religion); or
. Tier 2 (Intra company transfer) as long as you were given permission to stay before 6 April 2010.
Your most recent permission to stay (also known as leave) must have been given in the UK as a Tier 1 (General) migrant.
5. You must have sufficient English language ability and knowledge of life in the UK, unless you are under 18 years old or over 65 years old when you apply. You can find more information in the Knowledge of language and life in the UK section.
6. You must pass a points-based assessment. To find out how many points you must score in the assessment, and how you can score points, see the Scoring points for settlement applications page.
7. You must not fall for refusal under the general grounds for refusal in Part 9 of the Immigration Rules. If you applied on or before 12 December 2012, you must have no unspent convictions.
*
90 day concession (page22): The entry clearance stamp date is counted as the date of the start of the 5 year lawful residence not the Entry date in the UK itself, under the condition that the Tier 1 G migrant enter within 90 days of the EC.
