Settlement, Priority Service vs. Qualifying Period

[QiQi71518]

Dear CR001 and all other Moderators,

Thank you very much for all of your kind advices through this valuable discussion board.

Could you please kindly also advice me about the following questions regarding my forthcoming ILR application?

1. My first UK Entry Clearance was granted on 18 Jan 2015. And I would like to apply ILR with 28 days in advance. So can I submit my online SET(O) Application on "21 Dec 2019" and also make payment on the same day? Or "22 Dec 2019" would be the earliest date that I can apply online with UKVI?

2. On Tier 1 (Investor) Guidance 10_2019_v0.1, page 33, Clause 124, it says " your qualifying period will be the 5,3 or2 years immediately before the date you apply for Settlement or the 5, 3 or 2 years immediately before the date your settlement application is decided, depending on which is most beneficial to you". My question is : If my Application Date is the UKVI Online Submission and Payment date as of "21 Dec 2019", and I select the priority service to get a decision within 3-5 working days after the appointment, and I am also able to book the earliest UKVCAS appointment assuming on 31 Dec 2019, then how to determine my 5-year qualifying period? Because counting from either the Application Date (21 Dec 2019) or the Date of Decision (Assuming on 4 Jan 2020 with priority service) backwards for a 5 year will fall into a date before my first Entry Clearance being Granted (18 Jan 2015), therefore I have not reached the required 5-Year Qualifying Period anyway. Then what will be the possible outcome for my application? Will I get refusal for the Settlement or will the Home Officers hold my case until 17 Jan 2020 so as to make the Decision when I could get a 5-Year Qualifying Period?

3. If I select the Standard Service when making online Application on 21 Dec 2019, will I avoid the risk for being refusal due to the decision date will be at least later than 28 days from my appointment date? Then I will have to take a much longer waiting time maybe up to 6 months at maximum, is it right?

Thank you in advance for your kind attention to my questions, and I look forward to getting your replies at your earliest convenience.

Best regards,
QiQi

[aman90]

1. 21 December 2019
2. The date of issue minus 28 days or date the decision is taken.
3. HO is aware of the 28 day exception and will do the calculation accordingly.

[QiQi71518]

Dear amam90,

Thank you for your kind replies, which is very helpful.

I Still would like to get clarification on what is "the Date of Issue minus 28 days"? Do you mean the Date of Issue for my first Entry Clearance back on 18 Jan 2015? I am confused here.

The reason I raised my question is that in Immigration Rules Part 6A 245AAA item (D), it is clearly stated:

(d) The continuous period will be considered as ending on whichever of the following dates is most beneficial to the applicant:
(i) the date of application;
(ii) the date of decision; or
(iii) any date up to 28 days after the date of application.

So if I apply on 21 Dec 2019 with priority service plus 28 days ahead of my Entry Clearance granted date, then my continuous qualifying period could be determined from above (iii), which is from 18 Jan 2015 to 17 Jan 2020. However such statement as of above (iii) has not been mentioned on the Guidance Clause 124. So please advice if my above understanding is correctly.

Moreover, could you please kind confirm if I also understand correctly on the following question:

if I submit my application at UKVI on 21 Dec 2019 but the earliest appointment date I could book at UKVCAS falls into January 2020, do I still need to provide any Quarterly Investment Reports for Q4 2019? As from the Documentation List required from UKVI SET(O), I am requested to provide the Quarterly Reports to the "last reporting date of the most recent quarter of the year before the date of this application". Therefore if my Application Date is the date of UKVI submission and payment on 21 Dec 2019, I should provide the Quarterly Reports up to Q3 2019 no matter if my appointment date with UKVCAS will be in January 2020. Am I right?

Thank you very much for all of your kind helps. And I look forward in hearing from you soon.

Best regards,
Qi

[aman90]

I Still would like to get clarification on what is "the Date of Issue minus 28 days"? Do you mean the Date of Issue for my first Entry Clearance back on 18 Jan 2015? I am confused here.

Yes. Date of visa issue = date of first entry clearance. Not the date on the BRP but the date on ur approval letter.

The reason I raised my question is that in Immigration Rules Part 6A 245AAA item (D), it is clearly stated:

(d) The continuous period will be considered as ending on whichever of the following dates is most beneficial to the applicant:
(i) the date of application;
(ii) the date of decision; or
(iii) any date up to 28 days after the date of application.

The highlighted portion applies to you when you apply on 21/12/19.

So if I apply on 21 Dec 2019 with priority service plus 28 days ahead of my Entry Clearance granted date, then my continuous qualifying period could be determined from above (iii), which is from 18 Jan 2015 to 17 Jan 2020. However such statement as of above (iii) has not been mentioned on the Guidance Clause 124. So please advice if my above understanding is correctly.

The first page of the guidance always advises that it must always be read in conjunction with immigration rules

Moreover, could you please kind confirm if I also understand correctly on the following question:

if I submit my application at UKVI on 21 Dec 2019 but the earliest appointment date I could book at UKVCAS falls into January 2020, do I still need to provide any Quarterly Investment Reports for Q4 2019? As from the Documentation List required from UKVI SET(O), I am requested to provide the Quarterly Reports to the "last reporting date of the most recent quarter of the year before the date of this application". Therefore if my Application Date is the date of UKVI submission and payment on 21 Dec 2019, I should provide the Quarterly Reports up to Q3 2019 no matter if my appointment date with UKVCAS will be in January 2020. Am I right?

Yes. The ukvcas appointment date is irrelevant in ur case.
I’m not aware of the the particular set of requirements for the investor visa. But logically, the evidence that you provide must be up to the date of online application submission atleast.
That is what is stated above as well. You do not need to worry about providing evidence to the date of ukvcas appointment or to the date of entry clearance as you are submitting ur application 28 days early as per HO exception.

[QiQi71518]

Dear Amam90,

I appreciate your kind clarifications very much, which are very clear and helpful!

Thank you very much again and I remain,

Best regards,
Qi