ILR APPLICATION - Approved (Update)

[mjcr28]

Hi All,

In advance thank you for all responses.

I have been in the UK since 2006 on different Visa's, However since 2011 on T2 General.

I had to go back to India and apply my initial application as I was a PSW Dependant. I applied in Oct 2010 and was refused however after much battle with home office and administrative review, they responded back to me in April 2011 to state my decision to refuse has been now granted, they didn't stamp my passport from April 2011, but they stamped my visa on passport from 3rd Feb 2011 to 10th Oct 2013

I entered the UK on 12th May 2011.

My question is would I start my date from Feb 2011 so i can apply for a ILR in feb 2016 or do i apply in May 2016 as i entered on that date? Also will the 35k rule affect me and can i apply before April 2016 if i am eligible in may so i dont have the 35k issue

Tier 2 Visa Original Stamp Date is 02.02.2011 to 10.10.2013 (Entered UK on 12.05.2011)
EXTENSION Tier 2 – in country 21.01.2014 to 24.10.2015
EXTENSION Tier 2 – in country 20.10.2015 to 17.11.2017

I have been away from the UK in total only 12 days.

All your responses will be much appreciated, as I know rules are changing in April 2016 and i am getting anxious.

[secret.simon]

My question is would I start my date from Feb 2011 so i can apply for a ILR in feb 2016 or do i apply in May 2016 as i entered on that date? Also will the 35k rule affect me and can i apply before April 2016 if i am eligible in may so i dont have the 35k issue

As you entered the UK more than 90 days after the date stamped on the visa, I believe that your five years journey will start on the date of entry into the UK.

But, given your special circumstances of being given the visa after an initial refusal, I believe that you could argue that your five year journey should start on the date the decision to refuse was overturned.

Apply for an SAR with the Home Office. For £10, they will send you a copy of all the documentation they hold on you. You can then see the notes of when the decision to overturn the refusal was taken and can plan for five years from then.

[mjcr28]

Thanks Simon.

Also can I apply in March then as rules change in April 2016

[CR001]

You can apply no sooner than 28 days before 12 May 2016 so this will be sometime in April that you qualify. This because you ENTERED the UK more than 90 days after visa issue date.

[mjcr28]

Like stated my passport was requested in April 2011 and backdated the visa for Feb 2011

I have colleagues at my work place where there 10+ on t2 visa, and they state they dont see entry date but visa stamp date.

i am so confused

sorry for being a pain

[CR001]

Visa stamp date is ONLY counted IF you ENTERED the UK within 90 days of the date the visa was ISSUED. You have not entered within 90 days so you cannot make use of this concession. For you it will be date of entry, there is no flexibility with this.

[secret.simon]

But, CR001, the OP does state that he was informed in April 2011 that his visa was approved, but that the visa was back-dated to February 2011. In such a case, can it not be argued that his clock starts from April 2011, since that is within 90 days of his date of entry?

To the OP
Do you have any proof (such as the original letter) that is dated April 2011 that states that your visa has been granted on appeal and the reason why it was back-dated? The date on such a letter may be crucial.

[CR001]

@SS, I missed that but still not sure how relevant it will be. Vinny or Obie might be better informed.

[mjcr28]

Hi SS & CR

i have a letter from the home office dated in April 2011. Also at the back of my passport they had a refusal stamp which they have crossed it and put another signature on it.

basically Initially applied in
Oct 2010
Feb 2011 - returned passport refused
feb 2011 - administrative review
Feb 2011- Administrative review refused visa declined
march -2011 - Appeal
March 2011- Appeal declined visa refused again

I emailed the UKBA DELHI, MUMBAI and UK as it was a silly error on their end, stating they cant read the job reference number and it was there.

April 2011 - they themselves emailed me out of the blue stating please bring your passport for your visa to be stamped.

This is what the letter said on the letter head
21 April 2011
Ref:
Dear Applicant

Administrative Review under the Points-based System (PBS)

You applied for entry clearance to the United Kingdom under Tier 2 general migrant of the Points Based System. I note that you were refused and submitted an Administrative Review which was initially upheld. I have reviewed your email.

I have reviewed your application again and the original documentary evidence provided. I am pleased to confirm that you have now been awarded the required number of points and your application can be granted.

Entry clearance will now be granted. Please forward your passport to VFS (see web site www.vfs-uk.co.in for timings and the centre nearest to you) to enable us to attach your visa.

[mjcr28]

Hi Guys

I have checked the amount of days from feb to may when I entered is 98 days

http://www.timeanddate.com/date/duratio ... =5&y2=2011

Can I still apply in Feb 2016.

and how are the rules from 06th April going to affect me, as i am not on 35 k salary

Much appreciated

regarsd
Jess

[mjcr28]

Hi - SORRY TO PESTER YOU members - all response appreciated

1 ) Can I apply 28 days starting from visa stamp date (i entered 98 days after visa stamp) as explained above delay from UKBA
2) how will 6th April rules affect me if i apply after 6 th April as i entered on 12th May 2011 (so i can apply 15th april 2016)


i am not on a 35 k salary
i have been abroad in the 5years only twice so only 10 days aways in total

[geriatrix]

If you are paid the rate of salary for your given SOC code, or paid 35000 - whichever is higher, then the changes will not affect you in 2016. Else they will!

All you can do is apply early, explain the issue, state that it is HO's fault as HO cannot issue backdated visas but it was unlawfully done in your case, and request for discretion! If they do not agree you will either end up losing the application fee or perhaps they will hold your application until the date in April 2016 when you actually qualify. No one in the forum can tell you what is going to happen with your application.


The choice is yours!

[mjcr28]

Hi All

I am due to apply for my ILR, this board has given me very helpful answers.

Tier 2 granted on 02nd February 2011 (In India)
Entered UK on 12th May 2011.

My 5 years complete on 12th May 2016 and so i Can apply 28 days before.

1) is this 28 working days or any days
2) Will the £35k rule affect me ( i am not on 35k salary)

it states "New rules for indefinite leave to remain for individuals granted a Tier 2 visa on or after 6 April 2011"

So confused as another quote states "In April 2012 a maximum period of six years in the UK under Tier 2 (General) was imposed for all migrants who entered the UK on or after 6 April 2011."

I got visa before april 2011 but entered after april 2011 ??

Gurus please help

[mjcr28]

Response is appreciated from all gurus out there 87 reads and no help

[Casa]

Response is appreciated from all gurus out there 87 reads and no help

That will be due to the 87 members not having the answer. Patience.

[mjcr28]

Patience is a Virtue so i shall wait

[physicskate]

Hi All

I am due to apply for my ILR, this board has given me very helpful answers.

Tier 2 granted on 02nd February 2011 (In India)
Entered UK on 12th May 2011.

My 5 years complete on 12th May 2016 and so i Can apply 28 days before.

1) is this 28 working days or any days
2) Will the £35k rule affect me ( i am not on 35k salary)

it states "New rules for indefinite leave to remain for individuals granted a Tier 2 visa on or after 6 April 2011"

So confused as another quote states "In April 2012 a maximum period of six years in the UK under Tier 2 (General) was imposed for all migrants who entered the UK on or after 6 April 2011."

I got visa before april 2011 but entered after april 2011 ??

Gurus please help

As you didn't enter within 90 days of being granted the visa, you are eligible 28 days before 12 May 2016. However, the 35k rule comes into effect on the 6th of April. It is for all ILR applications for Tier 2 migrants, regardless of when you were issued the visa, so by my reckoning, yes, it will affect you. You have until 6 years after you were issued the Tier 2 to earn the 35k.

All in my humble opinion.

[mjcr28]

Thank you physicskate

the problem i have is I applied for T2 in October 2010 in India I was refused and then after appeal and administrative review they asked me to submit my passport in April 2011. The stamped the visa on my passport 2nd February 2011. so do i still have to show 35 k. as visa date is feb 2011 and they have stated

"New rules for indefinite leave to remain for individuals granted a Tier 2 visa on or after 6 April 2011"

Tier 2 Visa Original Stamp Date is 02.02.2011 to 10.10.2013 ( my cos was valid from oct 2010 to oct 2013)
(However they had issue my visa in April 2011 (as I had applied for administrative Review as refused stamp on 03.02.2011) Entered UK on 12.05.2011


EXTENSION Tier 2 – in country
21.01.2014 to 24.10.2015 21st December 2014 26th December 2014 – holiday for – 6Days
10TH OF May to 15th May 2015 – holiday for - 6 Days

Extension Tier 2 : Oct 2015 to 2017

I am not on 35k
I entered after 98 days thats because they gave me the visa in april 2011 and stamped feb 2011. so where do I stand. i enetred on 12th May 2011.
in 5 years I have been out of the country for 29 days.

and I am eligible on 15th April 2016. Can i apply before 06th April so 35 k does not affect my case.

i have been working with this company since 2009.

[secret.simon]

The £35,000 requirement should not affect you.

Page 17 of the Statement of Intent announcing the changes in February 2012 lists the transitional arrangements in place, the very first line of which states;

We will not apply the new settlement pay threshold (minimum £35,000 per annum) to Tier 2 migrants who hold Tier 2 leave to enter or remain granted under the Immigration Rules in force on or before 5 April 2011.

Also see Immigration Rule 245HF (d) & (e).

I would suggest that the OP apply for a Subject Access Request from the UKV&I, which will list all the paperwork they has on him. He can use that to construct a case that he arrived in the UK within 90 days of the stamping of the visa on his passport and that therefore his ILR should be granted 28 days before the fifth anniversary of the stamping of the visa on his passport.

[mjcr28]

Thanks Simon.

So Can i apply before Feb 28 days visa stamp date (physically stamped in april back dated in feb) or the date i entered 28 days.

The SAR form if i will in will it give information on my records in india as well?

[secret.simon]

The SAR form if i will in will it give information on my records in india as well?

Any records that the UKV&I have on you. It only costs £10. Apply and see.

So Can i apply before Feb 28 days visa stamp date (physically stamped in april back dated in feb)

You can make a case for that. There is no absolute certain guidance of this. Wait for others to advise.

the date i entered 28 days.

That is absolutely fine.

[mjcr28]

Thanks Simon. Much appreciated on your response.

Any other members suggestions advise on

mjcr28 wrote:
So Can I apply 28days before 03 Feb 2016 visa stamp date (physically stamped in april 2011 back dated in feb 2011)

You can make a case for that. There is no absolute certain guidance of this. Wait for others to advise.

[mjcr28]

Hello All

Hope someone can clarify my confusion.

I have n Tier 2 for the last 5 years and due to apply for ILR in April 2016.

What is the English Language test requirement
do i have to do to do the life in the uk test before applying for ILR
My degree was taught in English and i have always had 10 points for this in my previous applications. So do i have to prove my English language in some other way.
I have checked the drop down list in the PBS calculator my Uni does not show up there, as i had done distance eductaion.

[CR001]

What is the English Language test requirement Level B1 from an approved test provider.

do i have to do to do the life in the uk test before applying for ILR Yes, and it must be at least 7 days before you apply for ILR.

My degree was taught in English and i have always had 10 points for this in my previous applications. So do i have to prove my English language in some other way. You might need to do an ELA from UK NARIC for your degree.

[mjcr28]

Thank you CR001

I had applied to UK Naric in 2013 however they said they cannot do a compatibility check on my document and didnt even refund my money.

hence i didnt bother going through uk naric but whenver i applied for my original application and extension got 10 points.

thanks