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Settlement (ILR) 6 days before expiry

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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krisbol17
Junior Member
Posts: 79
Joined: Mon Oct 16, 2017 11:08 am
Wales

Settlement (ILR) 6 days before expiry

Post by krisbol17 » Mon Oct 16, 2017 11:14 am

I'm applying for settlement (ILR) based on 2x 3 year DLR outside immigration rules. When checking on Gov website, it recommends that I use the FLR(DL) form which costs £2,297 now as my current leave expires on 18 Dec.

I have a couple of issues I want to clarify:

1) I'm travelling to Mauritius (not my country of origin) on 23 Nov where I will propose to my gf and coming back to Gatwick on Tue 12 Dec.

Is it too late to apply (4 working days before expiry)? Technically I will still have the right to be in the UK and also it will be within 1 month of expiry of current leave which is what they recommend. I'm just a bit concerned that UKBA might say they never received my application on time or something like that. I will have everything in an envelope already ready to post on that same Tue 12 after arrival at Gatwick by recorded delivery (and paying by Direct Debit).

I certainly didn't want to apply before travelling on 23 Nov as I've read you shouldn't leave the UK as your application is being processed and I wouldn't have my BRP with me on my way back.

2) On the form, "Section 2 - Which Category", my application is neither UASC nor on "Human Rights" so it's for other "purpose/reason". The form goes on to say:

"If you are applying for further leave or settlement for other reasons you must briefly explain why
below. You will also need to provide a letter or other document explaining in more detail why you are
applying including any exceptional circumstances.
"

Now my issue is both DLRs didn't mention any reason for granting apart from the first one which said "for a reason outside immigration rules", second one never gave a reason so my question is what am I supposed to give as reason? Criteria which granted me the first 2 DLR still apply? My circumstances which led to both DLR haven't changed...? I'm not using a lawyer due to cost so I want to find out what others have put in this section or suggestions.

Background
--------------
Male in late 20s (British gf for just over a year)
Been in UK since Sept 2004
First DLR granted in Sept 2011 (which allowed me to go to Uni - paid fees myself)
Second DLR granted in Dec 2014
Graduate Civil Engineer (permanent with company since last year July)
Passed Life In The UK test a month ago
No criminal records or any court issues whatsoever
Full UK Driving Licence

Summary
-----------

1) What risk am I taking by applying for settlement on 12 Dec when the current one expires on 18 Dec?

2) What reason should I give for them to grant me settlement?

Many thanks.

iworker
Diamond Member
Posts: 2029
Joined: Thu Aug 09, 2012 2:11 pm
Location: Hampshire
Mood:
Pakistan

Re: Settlement (ILR) 6 days before expiry

Post by iworker » Mon Oct 16, 2017 12:00 pm

no risk at all. you are allowed to apply even on the day of your visa expires.

User avatar
CMOSUK
Senior Member
Posts: 638
Joined: Mon Aug 14, 2017 4:33 pm
Location: Glasgow, UK
Mood:
United Kingdom

Re: Settlement (ILR) 6 days before expiry

Post by CMOSUK » Mon Oct 16, 2017 1:43 pm

krisbol17 wrote:
Mon Oct 16, 2017 11:14 am
I'm applying for settlement (ILR) based on 2x 3 year DLR outside immigration rules. When checking on Gov website, it recommends that I use the FLR(DL) form which costs £2,297 now as my current leave expires on 18 Dec.

I have a couple of issues I want to clarify:

1) I'm travelling to Mauritius (not my country of origin) on 23 Nov where I will propose to my gf and coming back to Gatwick on Tue 12 Dec.

Is it too late to apply (4 working days before expiry)? Technically I will still have the right to be in the UK and also it will be within 1 month of expiry of current leave which is what they recommend. I'm just a bit concerned that UKBA might say they never received my application on time or something like that. I will have everything in an envelope already ready to post on that same Tue 12 after arrival at Gatwick by recorded delivery (and paying by Direct Debit).

I certainly didn't want to apply before travelling on 23 Nov as I've read you shouldn't leave the UK as your application is being processed and I wouldn't have my BRP with me on my way back.

2) On the form, "Section 2 - Which Category", my application is neither UASC nor on "Human Rights" so it's for other "purpose/reason". The form goes on to say:

"If you are applying for further leave or settlement for other reasons you must briefly explain why
below. You will also need to provide a letter or other document explaining in more detail why you are
applying including any exceptional circumstances.
"

Now my issue is both DLRs didn't mention any reason for granting apart from the first one which said "for a reason outside immigration rules", second one never gave a reason so my question is what am I supposed to give as reason? Criteria which granted me the first 2 DLR still apply? My circumstances which led to both DLR haven't changed...? I'm not using a lawyer due to cost so I want to find out what others have put in this section or suggestions.

Background
--------------
Male in late 20s (British gf for just over a year)
Been in UK since Sept 2004
First DLR granted in Sept 2011 (which allowed me to go to Uni - paid fees myself)
Second DLR granted in Dec 2014
Graduate Civil Engineer (permanent with company since last year July)
Passed Life In The UK test a month ago
No criminal records or any court issues whatsoever
Full UK Driving Licence

Summary
-----------

1) What risk am I taking by applying for settlement on 12 Dec when the current one expires on 18 Dec?

2) What reason should I give for them to grant me settlement?

Many thanks.
Is your DLR based on a failed asylum application?
If not, then you can apply using form
SET(O]
These are my 'views' and 'opinions'.
If in doubt always seek professional advice, or at least do a search for the relevant information. :P

If i make any mistakes, You are more than welcome to correct me.


krisbol17
Junior Member
Posts: 79
Joined: Mon Oct 16, 2017 11:08 am
Wales

Re: Settlement (ILR) 6 days before expiry

Post by krisbol17 » Tue Oct 17, 2017 8:29 am

Yes @CMOSUK, it's based on a failed asylum application made back in 2004, long story short case went to the legacy backlog and using my local MP at the time we managed to get the first DLR outisde immigration rules in Sept 2011.

I have read here enough as well as the Gov website to know that it's FLR(DL). I have read here too that some people have risked using the SET(O) route but I don't wanna risk it. Don't mind waiting for a few months up to 6 months to hopefully get ILR.

Thanks @iworker. I thought although it's within a month (28 days), you have to do it like a couple of weeks before to give them enough time to receive and acknowledge your application BEFORE it expires.

Anyway, I'm sure I might be questioned at the airport but as long as I know that everything will check out (my employment for which I will have an annual leave letter, proof address, proof of DLR etc), I'm not too worried.

Thanks both for your replies.

iworker
Diamond Member
Posts: 2029
Joined: Thu Aug 09, 2012 2:11 pm
Location: Hampshire
Mood:
Pakistan

Re: Settlement (ILR) 6 days before expiry

Post by iworker » Tue Oct 17, 2017 9:02 am

you wont be questioned. Neither it is a problem submitting it on last day

pattelraja
Newly Registered
Posts: 2
Joined: Mon Mar 26, 2018 7:11 pm
Mood:
India

Re: Settlement (ILR) 6 days before expiry

Post by pattelraja » Thu Mar 29, 2018 4:15 pm

krisbol17 wrote:
Mon Oct 16, 2017 11:14 am
I'm applying for settlement (ILR) based on 2x 3 year DLR outside immigration rules. When checking on Gov website, it recommends that I use the FLR(DL) form which costs £2,297 now as my current leave expires on 18 Dec.

I have a couple of issues I want to clarify:

1) I'm travelling to Mauritius (not my country of origin) on 23 Nov where I will propose to my gf and coming back to Gatwick on Tue 12 Dec.

Is it too late to apply (4 working days before expiry)? Technically I will still have the right to be in the UK and also it will be within 1 month of expiry of current leave which is what they recommend. I'm just a bit concerned that UKBA might say they never received my application on time or something like that. I will have everything in an envelope already ready to post on that same Tue 12 after arrival at Gatwick by recorded delivery (and paying by Direct Debit).

I certainly didn't want to apply before travelling on 23 Nov as I've read you shouldn't leave the UK as your application is being processed and I wouldn't have my BRP with me on my way back.

2) On the form, "Section 2 - Which Category", my application is neither UASC nor on "Human Rights" so it's for other "purpose/reason". The form goes on to say:

"If you are applying for further leave or settlement for other reasons you must briefly explain why
below. You will also need to provide a letter or other document explaining in more detail why you are
applying including any exceptional circumstances.
"

Now my issue is both DLRs didn't mention any reason for granting apart from the first one which said "for a reason outside immigration rules", second one never gave a reason so my question is what am I supposed to give as reason? Criteria which granted me the first 2 DLR still apply? My circumstances which led to both DLR haven't changed...? I'm not using a lawyer due to cost so I want to find out what others have put in this section or suggestions.

Background
--------------
Male in late 20s (British gf for just over a year)
Been in UK since Sept 2004
First DLR granted in Sept 2011 (which allowed me to go to Uni - paid fees myself)
Second DLR granted in Dec 2014
Graduate Civil Engineer (permanent with company since last year July)
Passed Life In The UK test a month ago
No criminal records or any court issues whatsoever
Full UK Driving Licence

Summary
-----------

1) What risk am I taking by applying for settlement on 12 Dec when the current one expires on 18 Dec?

2) What reason should I give for them to grant me settlement?

Many thanks.
Hi,
I could not find has replied to your specific questions, by the way, since I'm in the same situation would you mind sharing the way you handled it please? what option did you chose? and how did you explain in more detail please?

krisbol17
Junior Member
Posts: 79
Joined: Mon Oct 16, 2017 11:08 am
Wales

Re: Settlement (ILR) 6 days before expiry

Post by krisbol17 » Fri Mar 30, 2018 11:03 am

I chose the "other purpose" reason and I just explained on the cover letter it is because i have completed 6 years of discretionary leave (i gave the dates) and i attached the two letters that granted me DLRs in my list of attached documents. I posted on 12 Dec and got the biometric letter on Jan 16. Now just waiting.

pattelraja
Newly Registered
Posts: 2
Joined: Mon Mar 26, 2018 7:11 pm
Mood:
India

Re: Settlement (ILR) 6 days before expiry

Post by pattelraja » Fri Mar 30, 2018 1:06 pm

Thank you very much for sharing your experience, wish you all the best and hope you would get your ILR soon.

abbeyisa2018
Newly Registered
Posts: 5
Joined: Sun Apr 08, 2018 9:33 am
Nigeria

Re: Settlement (ILR) 6 days before expiry

Post by abbeyisa2018 » Sun Apr 08, 2018 9:52 am

@ krisbol17, Any good news about your application? I have a similar issue

I will really appreciate your update.

Thx.

krisbol17
Junior Member
Posts: 79
Joined: Mon Oct 16, 2017 11:08 am
Wales

Re: Settlement (ILR) 6 days before expiry

Post by krisbol17 » Sun Apr 08, 2018 10:43 am

Not really, just waiting to be honest. 12 April will be exactly 4 months since I applied. I'm hoping to hear something in the next 3 weeks. I mean I was already prepared to wait ~ 6 months.

abbeyisa2018
Newly Registered
Posts: 5
Joined: Sun Apr 08, 2018 9:33 am
Nigeria

Re: Settlement (ILR) 6 days before expiry

Post by abbeyisa2018 » Sun Apr 08, 2018 6:30 pm

@krisbol17 Thank you for the update.

abbeyisa2018
Newly Registered
Posts: 5
Joined: Sun Apr 08, 2018 9:33 am
Nigeria

Re: Settlement (ILR) 6 days before expiry

Post by abbeyisa2018 » Mon May 21, 2018 6:39 pm

@krisbol17 Any luck with your application?

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