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Earliest date to apply for ILR

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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shamsthesun
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Earliest date to apply for ILR

Post by shamsthesun » Sun Jul 22, 2018 5:58 pm

Hello,

Kindly assist me, what is the earliest date to apply for ILR, time line is here below

TIER 1 ( post study work)
Initial application made 6.12.2013
Granted 5.01.2014
First extension applied 27.12.2016
Approved 4.05.2017

Thanks in advance

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CR001
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Re: Earliest date to apply for ILR

Post by CR001 » Sun Jul 22, 2018 6:15 pm

Was your extension in 2016 a Tier 1 Entrepreneur visa??

How did you manage to apply for a tier 1 PSW visa in 2013 when that route was closed for new applications on 6th April 2012??
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shamsthesun
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Re: Earliest date to apply for ILR

Post by shamsthesun » Sun Jul 22, 2018 6:23 pm

Sorry for confusion, it wasn't PSW visa but Tier 1 entrepreneur visa
My first extension was due in first week of Jan-2017

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CR001
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Re: Earliest date to apply for ILR

Post by CR001 » Sun Jul 22, 2018 6:52 pm

Post your dates again with the correct full name of each visa category held!!
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shamsthesun
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Re: Earliest date to apply for ILR

Post by shamsthesun » Sun Jul 22, 2018 7:06 pm

Sure
TIER 1 Enterprise visa through PSW route
Initial application made 6.12.2013
Granted 5.01.2014
First extension applied 27.12.2016
Approved 4.05.2017

Based on above, what is earliest date I'm eligible to apply for ILR

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CR001
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Re: Earliest date to apply for ILR

Post by CR001 » Sun Jul 22, 2018 7:34 pm

If you meet the requirements, any time within 28 days before 5th January 2019.
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shamsthesun
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Re: Earliest date to apply for ILR

Post by shamsthesun » Sun Jul 22, 2018 8:38 pm

Great! THANK YOU SO MUCH
Can I go for window service ?
Also, I am expecting my first child in November. Do I have to apply newborn visa immediately for short period OR can I wait for few week and apply with ILR application ?
Thanks again

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Re: Earliest date to apply for ILR

Post by CR001 » Sun Jul 22, 2018 8:42 pm

Can I go for window service ?
No, unfortunately you cannot. You must apply by post.
Also, I am expecting my first child in November. Do I have to apply newborn visa immediately for short period OR can I wait for few week and apply with ILR application ?
No you do not have to apply for the newborn. Your UK born child does NOT have to apply for a visa. If you plan on registering the child as British once you have ILR, then just wait till you get ILR and apply on MN1 for the child to be British.
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shamsthesun
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Re: Earliest date to apply for ILR

Post by shamsthesun » Sun Jul 22, 2018 9:50 pm

CR001 wrote:
Sun Jul 22, 2018 8:42 pm
Can I go for window service ?
No, unfortunately you cannot. You must apply by post.
Thanks
Also, I am expecting my first child in November. Do I have to apply newborn visa immediately for short period OR can I wait for few week and apply with ILR application ?
No you do not have to apply for the newborn. Your UK born child does NOT have to apply for a visa. If you plan on registering the child as British once you have ILR, then just wait till you get ILR and apply on MN1 for the child to be British.
So assuming it takes some where 2-3 months or sometime more, baby would stay without any visa?

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Re: Earliest date to apply for ILR

Post by CR001 » Sun Jul 22, 2018 9:52 pm

Yes. A UK born baby will not be considered an overstayer and has an entitlement to register as British.
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Re: Earliest date to apply for ILR

Post by shamsthesun » Mon Jul 23, 2018 8:51 am

Very helpful, thank you
And what about my dependent, can she apply same time with me on 05-01-2019 or does she need to wait her visa expiry date i.e 03-05-2019 ? She has spent only 1.5 years in this country so far

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Re: Earliest date to apply for ILR

Post by CR001 » Mon Jul 23, 2018 9:11 am

She will need to extend her current visa, PBS Dependent, until she qualifies for ILR. She must apply for an extension before her visa expires.
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shamsthesun
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Re: Earliest date to apply for ILR

Post by shamsthesun » Mon Jul 23, 2018 3:49 pm

V.helpful, thanks
Assuming, I'll get my ILR before her visa expiry i.e 03-05-2019 so in this situation, it would be application for settled person dependent ?
Also what if i would not get my ILR by 03-05-2019, which is her visa expiry date.

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Re: Earliest date to apply for ILR

Post by CR001 » Mon Jul 23, 2018 4:00 pm

Assuming, I'll get my ILR before her visa expiry i.e 03-05-2019 so in this situation, it would be application for settled person dependent ?
No, that will reset her clock to zero and a new 5 year residence period. She can extend her current visa, PBS Dependent, till she qualifies for ILR.
Also what if i would not get my ILR by 03-05-2019, which is her visa expiry date.
She must apply for her extension before her visa expires. Write a letter linking it to your ILR application and requesting them to consider her application once your ILR is granted.

If your ILR fails, her application will also fail.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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