ILR Due but few days short

[jafferdeen]

Dear members
i have few questions in regards to my Friend ILR.My friend name is Ali.

Ali's wife is on PSW visa which will expire on 14th August 2014. Ali has been in the UK for 9 + years.
Ali was main application but then he become dependant of his wife in 2012.

Ali will complete 10 years in 20 October 2014.But his visa will expire 29 August 2014.He is eligible to apply for ILR 9long Residency) 28 days before which will be 18th September 2014.
There is difference of 19-20 days before he can apply for ILR.
Questions:-
1-Will time spent as dependant in UK will be consider for ILR -LR
2-Can he apply for FLR (O) and later on vary his application using form LR once he is eligible?
3-Should wife need to apply for FLR (O) and then vary to FLR-M when Ali will apply for LR she first came in June 2008.
4- they have 3 children.But once ALi will get ILR he will register them as British.Do they still need to show £18,600 for wife only or they need to show increased level of income per child as well even if they are not including them in application.
5-They were getting salary from their own company and both are director.Each one is getting paid £1000 gross.Can they combine both salaries for financial requirements ??? or they have to rely on company accounts??


Please advice

[Amber]

I think you mean FLR(FP) rather than FLR(O), but yes, that seems feasible.

[Tier 4]

There is difference of 19-20 days before he can apply for ILR.

It is possible to make an early ILR application as well. If you apply before you current leave expire you will be covered by 3C leave which can be add-up to make 10 year legal stay. Here are the successful examples of early applications:
Query - 24 days shorter for 10 years Long Residency – ILR

Urgent Help Required-ILR when delay in travel for 3 mon 1 da

Shortfall of 28 days before ILR Application
Questions:-

1-Will time spent as dependant in UK will be consider for ILR -LR
2-Can he apply for FLR (O) and later on vary his application using form LR once he is eligible?
3-Should wife need to apply for FLR (O) and then vary to FLR-M when Ali will apply for LR she first came in June 2008.
4- they have 3 children.But once ALi will get ILR he will register them as British.Do they still need to show £18,600 for wife only or they need to show increased level of income per child as well even if they are not including them in application.
5-They were getting salary from their own company and both are director.Each one is getting paid £1000 gross.Can they combine both salaries for financial requirements ??? or they have to rely on company accounts??


Please advice

1- Yes
2- As Amber pointed out its FLR (FP) these days rather than FLR (O)
3- Make sense in either FLR (FP) / FLR (O)
4- Only if they born in UK, If not; then per child income threshold need to add-up on £18,600 (for wife only)
5- They can combine both salaries to meet financial requirements if they are working legally in UK and the income have been declared to HMRC

[theprideofpak]

Your clock starts from the date you got your first entry clearance visa if you entered uk with in three months of entry clearance issuance. But if you entered uk after three months then it starts from the date you entered uk. Now you can do the calculations accordingly, either 28 days before entry clearance issuance or 28 days before you entered uk.

[Tier 4]

Your clock starts from the date you got your first entry clearance visa if you entered uk with in three months of entry clearance issuance. But if you entered uk after three months then it starts from the date you entered uk. Now you can do the calculations accordingly, either 28 days before entry clearance issuance or 28 days before you entered uk.

90 days concession is only applicable in point based ILR not in case of long residence .

[theprideofpak]

Your clock starts from the date you got your first entry clearance visa if you entered uk with in three months of entry clearance issuance. But if you entered uk after three months then it starts from the date you entered uk. Now you can do the calculations accordingly, either 28 days before entry clearance issuance or 28 days before you entered uk.

90 days concession is only applicable in point based ILR not in case of long residence .

With due respect sir it applies to long residence as well and I am telling this on the basis of close experience where a friend of mine was short few days and he exercised this rule,he applied for entrepreneurs visa but withdraw his application and applied under long residence....

[vinny]

There's no 90 days entry clearance concession for Long residence applications.

However, it may succeed if the applicant meets all the requirements on the date of the decision.

[jafferdeen]

Thanks to all of you
i have further query

Q 1 ; What is the process to vary an application.??? Does he need permission from UKBA first ?
Q2: in regards to fee does he needs to pay full fee or just the difference? if just the difference, then the payment details in SET(LR) should be filled ?
Q3: what will happen to wife if my friend vary his application ??? does she needs to vary to FLR M ??