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ILR Application Eligibility

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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Porkypig
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ILR Application Questions

Post by Porkypig » Wed Jan 11, 2023 4:56 pm

Hi all,

I know these questions have been asked before, but I'm getting conflicting information information (especially when I ring the UKVI hotline, and they don't seem to be convinced of their answers either).

1. From what day can I submit my ILR application?
Our initial visa was a 3 year Tier 2 visa, which has been extended on skilled worker Visa for another 3 years. The initial visa:
Approval letter was dated 1st August 2018
Visa Vignette was dated 18th August 2018
We entered UK on 18th August.

Going by some previous answers here, I can apply 28 days prior to 5yrs from approval letter (4th July 2023), but on calling UKVI they suggested (but not confidently) that is was 28 days prior to 5yrs from entering the UK (21st July 2023)

In the grand scheme of things there isn't much difference in it - but I'd like to apply as early as possible. Can anyone advise which is it?

2. Priority Service
We have one main applicant and 4 dependants who can all apply at the same time. Do we need to pay the extra for priority service for each person? Or is it for the main applicant only?

Thanks in advance!

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CR001
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Re: ILR Application Questions

Post by CR001 » Wed Jan 11, 2023 5:14 pm

The call centre is outsourced to a third parry agency. You are not speaking to ukvi staff directly.

1. Apply within 28 days prior to the date of initial visa vignette to be on the safe side. As you say, it isn't a big difference to wait

2. Prioriy fee is payable of each applicant applying.
Char (CR001 not Casa)
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Porkypig
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Re: ILR Application Questions

Post by Porkypig » Thu Jan 12, 2023 8:15 am

Thank you!

Porkypig
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ILR Application Eligibility

Post by Porkypig » Tue Jul 04, 2023 11:11 am

Hi all,

I've seen this asked many times before but just wanted to confirm my dates:

We're going down the 5 year route, so I assume this is the set (o) form, we have had firstly, the teir 2 and then extension on SW.

Our first visa dates:
Approval letter was dated 1st August 2018
Visa Vignette was dated 18th August 2018
We entered the UK on the Visa on 18th August.

Theres 5 of us, and the BRPs were all issued on different dates:
Main applicant: 8th August 2018
Dependant (spouse): 17th July 2018
Dependant (children x3): 6th August 2018

When can we submitted our application? I was going for the 21st July this year, but based on when the BRPs were issued, can we submit it earlier (11th July is 28 days beofre latest issue date of 8th August)


Can can we submit the application before this (and pay for it), but then not upload the documents or have the biometrics appointment until after that date?

thanks in advance!

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zimba
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Re: ILR Application Eligibility

Post by zimba » Tue Jul 04, 2023 11:31 am

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

Porkypig
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Re: ILR Application Eligibility

Post by Porkypig » Tue Jul 04, 2023 12:03 pm

hi Zimba, thanks for adding this to my original thread - i tried to, but it was locked.

In regards to what you've posted - can I confirm we can use the issue date of the BRP to calculate our 28 days from? So we can apply from 11th July, rather than 21st?

We don't have an issue with expiry of Visas, as when we extended, they gave us the full three years, rather than two. But we want to apply for ILR as soon as possbile.

Thanks again!

AmazonianX
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Re: ILR Application Eligibility

Post by AmazonianX » Tue Jul 04, 2023 1:23 pm

Porkypig wrote:
Tue Jul 04, 2023 12:03 pm
hi Zimba, thanks for adding this to my original thread - i tried to, but it was locked.

In regards to what you've posted - can I confirm we can use the issue date of the BRP to calculate our 28 days from? So we can apply from 11th July, rather than 21st?

We don't have an issue with expiry of Visas, as when we extended, they gave us the full three years, rather than two. But we want to apply for ILR as soon as possbile.

Thanks again!
Yes BRP date will be OK

Porkypig
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Re: ILR Application Eligibility

Post by Porkypig » Tue Jul 04, 2023 4:12 pm

thanks AmazonianX

Is this a new thing, and is there any PDF guidance for the IRL via the Tier 2/SW Route - I want to make sure I understand the guidance fully before applying!

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Re: ILR Application Eligibility

Post by Porkypig » Mon Jul 10, 2023 11:00 am

Help please! I think I've read the guidance wrong and now I'm stressing a little.

Our first BRP data is 08/08/2018, which means we're eligible to apply from 11/07/2023.
My BRP expiry isn't until 14/09/2024.

We've applied and paid online on 06/07/2023 and have the biometrics appointment on the 21/07/2023.

Will we be refused for applying too early? Or will they use the appoinment date 21/07/2023 as the date the application is valid/submitted.

Is my best course of action now to withdraw my application and do it again on the 11/07/2023? If I haven't gone to the appointment, I think I'm eligible for a refund. Is that right?

Thank you in advance

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zimba
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Re: ILR Application Eligibility

Post by zimba » Mon Jul 10, 2023 11:02 am

I already answered this. You keep asking the same thing. The date of the biometrics is irrelevant.
Caseworkers use the date of decision instead :!:

The official guide makes this very clear: indefinite-leave-to-remain/advice-relat ... l#p2110176
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Porkypig
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Re: ILR Application Eligibility

Post by Porkypig » Mon Jul 10, 2023 11:15 am

Thank you for your quick reply. I clearly do not understand this properly.

We've opted for priority which means we'll likely get a decision in the week beginning 24/07/2023. Is this the date of the decision you're referring to?

So the calculation would be (assuming we get a decision on the 24/07): 24/07/2023 - 28 days must be a minimum of 5 years?

I'm really not understanding this, thanks for your patience

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zimba
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Re: ILR Application Eligibility

Post by zimba » Mon Jul 10, 2023 11:20 am

You can be granted ILR within 28 days of completing your 5 years, so you do NOT necessarily need 5 full years. You calculated this date as 11/07/2023. From this date onwards you can apply and be granted ILR. The date of decision is the date the caseworker wants to process/grant the ILR. If the date of the decision is within 28 days of completing your 5 years (on or after 11/07/2023), you will qualify.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Porkypig
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Re: ILR Application Eligibility

Post by Porkypig » Mon Jul 10, 2023 12:09 pm

Thank you so much zimba. I really appreciate your patience with me and for spelling that out so clearly for me!

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