When am I eligible for ILR?

[Andy12]

With technology, comes confusion.

Okay, I admit I managed to confuse myself. I have read the SET(o) guidance and can't seem to understand this presumably simple idea.

Scenario: Tier 2 General visa holder. Initially issued on 29 Nov 2013 from Tier 1 Post Study work visa, within the UK. Completing 5 years on 29 Nov 2018 for ILR based on 5 years continuous residence. All other requirements are on track so no issues there. Planning to book a same day appointment.

1. By virtue of UKVI rules, people are allowed 28 days prior to the 5 years. So, this would be 1st of Nov 2018, am I correct? assuming that is correct, if I appear any day in front of a Premium Service Center; after 1st Nov 2018, let's say 5th Nov onwards with a valid appointment, I would be ok, no?

2. Here is the more confusing part. Previously; you would book a same day appointment, complete the paper based application form, take the required documents with you, turn up and if all goes well that's it, right? Now there an online application system. And I did a mock trial last night which says, do not apply before you're within the qualifying period. Does this mean I have to wait until 1st November 2018 to apply via online? what would be the process flow if I choose this?

Many thanks in advance. Literally counting my days before the deadline.....

[zimba]

1. By virtue of UKVI rules, people are allowed 28 days prior to the 5 years. So, this would be 1st of Nov 2018, am I correct? assuming that is correct, if I appear any day in front of a Premium Service Center; after 1st Nov 2018, let's say 5th Nov onwards with a valid appointment, I would be ok, no?

Yes. The 28 days rule is the EARLIEST day you can apply.

2. Here is the more confusing part. Previously; you would book a same day appointment, complete the paper based application form, take the required documents with you, turn up and if all goes well that's it, right? Now there an online application system. And I did a mock trial last night which says, do not apply before you're within the qualifying period. Does this mean I have to wait until 1st November 2018 to apply via online? what would be the process flow if I choose this?

Simply fill up the form and take it to PSC. No need to go through online process

[Andy12]

Simply fill up the form and take it to PSC. No need to go through online process

Thank you so very much Zimba. Online application looked easier and I was so inclined to it...

[IJOS]

The online application is definitely easier. The paper form has way too many stupid questions. Anyway some guy on this forum said his application date was taken as the day he went to the PSC and my friend confirmed the same as he applied 28 days before so I have taken that approach too. My interview is not till the 29th August and I am sure it'll be fine so you can do either or.

[Andy12]

The online application is definitely easier. The paper form has way too many stupid questions. Anyway some guy on this forum said his application date was taken as the day he went to the PSC and my friend confirmed the same as he applied 28 days before so I have taken that approach too. My interview is not till the 29th August and I am sure it'll be fine so you can do either or.

Thanks IJOS. If you don't mind to share, please elaborate the process you took with dates.

Cheers
Andy

[IJOS]

i am not sure what yu mean by process and dates.
I started the online application maybe 19th June but only finished it sometime in July but couldn't find an appointment so I decided to go the option of filling out a paper form and getting a PSC appointment for 3rd September but one day on the 2nd August I kept logging back in and I was lucky enough to find 29th August free on my online application and so I booked that and then I cancelled my PSC appointment for 3rd September.

[ap5033]

Hi Andy,

I had this exact same question. I can only apply 19th of Nov onwards as my 5 years ends on the 16th of Dec.

It seems like the only safe way to do this is just to book the appointment via the link below and then take the paper form even though it's a bigger hassle.

https://visas-immigration.service.gov.u ... nt-booking

This way we can (hopefully) manage to get an appointment for our dates at least 45 days beforehand without having to worry that our online application submission breaks any rules.

My even bigger question at this point though is what's going to happen with the new application process that they say is about to come into force in October. In order to book my 19th of Nov appointment, I have to start looking for dates on the 14th of Sep (45 days), but if the whole system is changing in October, I'm really not quite sure how this will work.

Will they stop taking bookings beforehand for premium appointments, even though the system as of today lets you book appointments till the 11th of Oct?!

Or will they let you make appointments and honour them as you have made the appointment before October?

It's all a bit of a mystery and no one seems to know any answers. I called the helpline yesterday who are completely unaware of any change taking place. I then called an immigration lawyer who confirmed that they have not released any extra information other than the initial announcement in May!

[Andy12]

Hi ap503,

Thanks for your reply, it makes perfect sense as others pointed out too; book an online appointment and pick the paper based application.

Slightly deviating from the topic,but worthwhile. While nothing can't be said with 100% certainty, let's logically analyse this.

We will book same day application appointment in September, hoping to appear in person in November. There will be hassle, but let's say we'll get it.

Now this Sopra Steria service is going to start from October. Whether it will bring changes to same day appointments or not, that remains to be seen. However, it is for sure that this service will be inaugurated in October and not before that. With some help of luck, we'll have our appointments by then, and UKVI can't retrospectively apply rules. So they'll have to honor any, and all same day service appointments booked before October.

Here's a link that says - Alongside the new service, UKVI Service Centres will continue to offer appointments for anyone who needs a face to face interview with a caseworker.

https://www.gov.uk/government/news/sopr ... =immediate

Hope this helps.

[Andy12]

Hello all the readers of the forum and the Gurus,

Seemingly easy question(s); but the stress of ILR got me.

First my immigration history:

1. Tier 4 student: September 2010 - Jan 2012
2. Tier 1 Post Study Visa: Jan 2012 - Jan 2014
3. (In-country switch) Tier 2 General visa: [Date of approval/date on BRP] 29/11/2013 - [valid until] 05/12/2016. However, I joined the role on 9th December 2013.
4. (In-country switch) Tier 2 General visa (change of employer): [Date of approval/date on BRP] 12/05/2016 - [valid until] - 03/07/2019

Now questions:

1. When am I eligible for applying the ILR via SET(O)? is it 28 days prior to 29th November 2018 i.e.from 1st November 2018 onward or 28 days prior to 09th December i.e. 11th November onward?

2. After I obtained the new Tier 2 General visa for change of employment in May 2016, I resigned but had to serve my notice period of 6 weeks. As a result I joined my current employer on 4th of July 2016. Does it have any affect?

Thanks in anticipation,
Andy

[zimba]

1. When am I eligible for applying the ILR via SET(O)? is it 28 days prior to 29th November 2018 i.e.from 1st November 2018 onward or 28 days prior to 09th December i.e. 11th November onward?

1st November

2. After I obtained the new Tier 2 General visa for change of employment in May 2016, I resigned but had to serve my notice period of 6 weeks. As a result I joined my current employer on 4th of July 2016. Does it have any affect?

You can only continue working for your previous sponsor until the start date on your new Certificate of Sponsorship, provided your previous leave is not expired, otherwise you will be breach of the Tier 2G rules. You need to check whether this was the case for you

[Andy12]

You can only continue working for your previous sponsor until the start date on your new Certificate of Sponsorship, provided your previous leave is not expired, otherwise you will be breach of the Tier 2G rules. You need to check whether this was the case for you

Zimba, thank you (again) for confirming the date.

Regarding this particular one I have quoted, my previous Tier 2 was valid until 05/12/2016 and I worked for them until 30/06/2016, and the new BRP after my application was successful to change my employer, is dated 12/05/2016. So I believe that requirement is satisfied.

On the start date on my new CoS, it does say 04/07/2016 and the new BRP is valid until 03/07/2019 so I believe I am not in breach of Tier 2 G. Had a scare once I saw your reply on this, but seems like it I managed to dodge a bullet there.

Thanks again and please let me know if you disagree on my view above.