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Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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omarmansour
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ILR LR 28 days rule, visa issuance or date of entry??

Post by omarmansour » Tue Oct 12, 2021 11:33 am

Hi,

I appreciate that this might have been answered before. I am applying shortly for ILR based on 10 years continuous residence in the UK. I have first entered the UK 6th January 2012, but my Tier 4 visa was issued (outside the UK) on 16/12/2011. Now, do I calculate 28 days prior to the visa issuance date or prior to my entry?

I have read more than one conflicting opinions on this elsewhere, so any informed insight would be really appreciated.

Many thanks in advance !

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Re: ILR LR 28 days rule, visa issuance or date of entry??

Post by zimba » Tue Oct 12, 2021 11:48 am

For the long residence ILR, you must count your 10 year qualifying period from the first date of entry to the UK.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: ILR LR 28 days rule, visa issuance or date of entry??

Post by omarmansour » Tue Oct 12, 2021 12:05 pm

Thank you. it seems there are different rules in calculating this based on the route you are applying thru. Few more works won't hurt!

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Re: ILR LR 28 days rule, visa issuance or date of entry??

Post by zimba » Tue Oct 12, 2021 2:58 pm

omarmansour wrote:
Tue Oct 12, 2021 12:05 pm
Thank you. it seems there are different rules in calculating this based on the route you are applying thru. Few more works won't hurt!
Long residence actually requires you to have had 10 years of lawful continuous residence at any time in the past, so if you lived here for 11 years your initial date of entry becomes irrelevant. The advice is 99% of the times targetted at people who want to apply for long residence at the earliest possible time which means they often should consider their date of entry to the UK
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: ILR LR 28 days rule, visa issuance or date of entry??

Post by omarmansour » Wed Oct 13, 2021 6:41 pm

Many thanks for this- makes sense now! So something I forgot to ask, how are those 28 days calculated? So my 10th anniversary will be 6 January 2022, would that I mean I can apply on the 9th December? Or the arrival date doesn’t count? Thanks

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Re: ILR LR 28 days rule, visa issuance or date of entry??

Post by AmazonianX » Thu Oct 14, 2021 5:05 am

omarmansour wrote:
Wed Oct 13, 2021 6:41 pm
Many thanks for this- makes sense now! So something I forgot to ask, how are those 28 days calculated? So my 10th anniversary will be 6 January 2022, would that I mean I can apply on the 9th December? Or the arrival date doesn’t count? Thanks
28days prior to completing 10 years will give 9th December 2021 as you wrote above. For absolute assurance or certainty you may make it from 10th December 2021.

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Re: ILR LR 28 days rule, visa issuance or date of entry??

Post by omarmansour » Fri Oct 29, 2021 1:38 pm

Another follow up question please: I am seeing lots of applicants mentioning how hard is it go get a super priority slot. Now, if I reach the stage in my online application where I have to pay and choose the standard service. If I decide to wait and keep checking if any slots are released, can I travel outside the UK during this period? If I have submitted but not paid, would that be considered an application currently with the home office? Thanks

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Re: ILR LR 28 days rule, visa issuance or date of entry??

Post by vinny » Fri Oct 29, 2021 1:47 pm

If you submitted but not paid, then they would treat it as an invalid application, as if no application had been made. 34K also prevents travelling outside the Common Travel Area.
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Re: ILR LR 28 days rule, visa issuance or date of entry??

Post by AmazonianX » Fri Oct 29, 2021 3:04 pm

omarmansour wrote:
Fri Oct 29, 2021 1:38 pm
Another follow up question please: I am seeing lots of applicants mentioning how hard is it go get a super priority slot. Now, if I reach the stage in my online application where I have to pay and choose the standard service. If I decide to wait and keep checking if any slots are released, can I travel outside the UK during this period? If I have submitted but not paid, would that be considered an application currently with the home office? Thanks
It is your date of application submission online that is referred to not biometrics appointment day. Travelling after submission as said numerous times equates to application withdrawal ⁷

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Re: ILR LR 28 days rule, visa issuance or date of entry??

Post by omarmansour » Fri Oct 29, 2021 10:54 pm

Thanks- yes I am aware that if I fully submit the application, then It is now with the HO. I was just wondering to whether filling the form and completing it until the superpriority service availability stage and not paying the £2500+ fee would constitute as a submission or not...

No need to take the risk anyways...

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Re: ILR LR 28 days rule, visa issuance or date of entry??

Post by AmazonianX » Sat Oct 30, 2021 2:39 am

omarmansour wrote:
Fri Oct 29, 2021 10:54 pm
Thanks- yes I am aware that if I fully submit the application, then It is now with the HO. I was just wondering to whether filling the form and completing it until the superpriority service availability stage and not paying the £2500+ fee would constitute as a submission or not...

No need to take the risk anyways...
Not until you pay your application is not considered submitted and you won't get the chance to check for appointments till you have done that.

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Re: ILR LR 28 days rule, visa issuance or date of entry??

Post by zimba » Sun Oct 31, 2021 11:14 am

omarmansour wrote:
Fri Oct 29, 2021 10:54 pm
Thanks- yes I am aware that if I fully submit the application, then It is now with the HO. I was just wondering to whether filling the form and completing it until the superpriority service availability stage and not paying the £2500+ fee would constitute as a submission or not...

No need to take the risk anyways...
Unless you pay and submit, there is no application at all
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: ILR LR 28 days rule, visa issuance or date of entry??

Post by omarmansour » Sun Oct 31, 2021 4:21 pm

Thank you very much Zimba, so just to double check. If I reach the payment stage and I don't find the superpriority fee, and I choose not to pay for the standard service at that moment, and leave it be for a few days, application won't be considered and I can still travel outside the UK freely (current T2 leave expires September 2022) ? Correct?

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Re: ILR LR 28 days rule, visa issuance or date of entry??

Post by CR001 » Sun Oct 31, 2021 4:23 pm

omarmansour wrote:
Sun Oct 31, 2021 4:21 pm
Thank you very much Zimba, so just to double check. If I reach the payment stage and I don't find the superpriority fee, and I choose not to pay for the standard service at that moment, and leave it be for a few days, application won't be considered and I can still travel outside the UK freely (current T2 leave expires September 2022) ? Correct?
Correct yes.
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Re: ILR LR 28 days rule, visa issuance or date of entry??

Post by omarmansour » Sun Nov 21, 2021 3:01 pm

Hi,

I am submitting my ILR (LR) application in 2 weeks and I have a question:

My wife and my son are here in the UK with me, on Tier 2 dependent visas, valid until September 2022. If my ILR application is successful, what happens to their Tier 2 visas? Does it say valid until the expiry date or does it get cancelled as soon as I have my ILR?

Thanks

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Re: ILR LR 28 days rule, visa issuance or date of entry??

Post by vinny » Sun Nov 21, 2021 3:23 pm

They should switch to FLR(M), if they are not eligible for ILR under Long residence too.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Re: ILR LR 28 days rule, visa issuance or date of entry??

Post by omarmansour » Sun Nov 21, 2021 3:38 pm

Thanks Vinny- in the guidance link you sent- it said that they should apply as soon as possible. Is there a defined period or they really need to do it as soon as I receive a decision? i.e. It's best if they don't travel outside the UK with their Tier 2 visas?

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Re: ILR LR dependents FM and MN1

Post by omarmansour » Mon Nov 22, 2021 12:25 pm

Another question sorry !

If my wife gets her FLR (M) after my ILR based on LR. What happens to my son who is my dependent right now (Tier 2)? I believe he can apply for naturalisation right after my ILR? While he is waiting the 6 months period to hear back, can he travel outside the UK with his T2 dependent visa?

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Re: ILR LR dependents FM and MN1

Post by zimba » Mon Nov 22, 2021 2:29 pm

omarmansour wrote:
Mon Nov 22, 2021 12:25 pm
Another question sorry !

If my wife gets her FLR (M) after my ILR based on LR. What happens to my son who is my dependent right now (Tier 2)? I believe he can apply for naturalisation right after my ILR? While he is waiting the 6 months period to hear back, can he travel outside the UK with his T2 dependent visa?
Your son has an entitlement to be registered as British (children do NOT get naturalised) ONLY if he was born in the UK otherwise he will follow the same immigration path as your wife. Travel with a dependant visa is NOT recommended at all after your sponsor has been granted ILR under the long residence.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Upcoming ILR (LR) application

Post by omarmansour » Mon Nov 29, 2021 12:11 pm

Hi,

I have been getting lots of great advice here, and now I am planning to submit my ILR (LR) application on the 10th of December 2021 (28 days from the 10th anniversary of first entry to the UK- 6th January 2022). I have total absences of 490 days of which a single absence of 140 days. I am planning to submit the following:

1- Previous and current passport
2- Previous and current BRPs
3- Proof of current employment
4- UK PhD certificate (proof of English language)
5- Police registration certificate
6- Separate list for travel history (maxed out on the 30 allowed entries in the application form)
7- Mortgage statement
8- Cohabitation documents for the past 2 years (mostly bank statements to myself and my wife, separate accounts)
9- Marriage certificate
10- My son’s UK birth certificate
11- My wife’s passport and BRP (non UK/EU)
12- My son’s passport and BRP (non UK/EU)

Is there anything else I need to include? My old passport has many stamps in it (lots with non-Arabic numerals). I applied for a SAR, but unfortunately only my absences for the past 2 years are listed (I was under the impression it was 5 !). Also, the passport page numbers are in non-Arabic numerals, any tips if there is anything I can do to help with this? Do I need to write a cover letter to explain?

Thanks a lot for your help !

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Re: Upcoming ILR (LR) application

Post by zimba » Mon Nov 29, 2021 1:08 pm

Many of the things you are submitting are not required. Your spouse/children related documents are not needed at all. Do not submit mountains of unnecessary documents
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Re: Upcoming ILR (LR) application

Post by omarmansour » Mon Nov 29, 2021 3:34 pm

Thanks Zimba, lots of these are as a result of the checklist generated at the end after the application. I don't think I was using the wrong form...?

Any thoughts on the stamps issue?

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Re: Upcoming ILR (LR) application

Post by zimba » Mon Nov 29, 2021 3:44 pm

Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: Upcoming ILR (LR) application

Post by omarmansour » Mon Nov 29, 2021 10:16 pm

Thank you !

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