ILR application form confusing question

[Vamsi515]

Hi there,

My first UK entry was on - 16th Feb 2016 with different visa and Tier 2 General was from 24th Sep 2018, when I am applying for ILR application, which date do I need to provide as first UK entry date ? was it 16th feb or 24th Sep. this is for SET ( O ) application.

Please advise.

[AmazonianX]

Hi there,

My first UK entry was on - 16th Feb 2016 with different visa and Tier 2 General was from 24th Sep 2018, when I am applying for ILR application, which date do I need to provide as first UK entry date ? was it 16th feb or 24th Sep. this is for SET ( O ) application.

Please advise.

That will be the date on which your application for ILR is based. In this case presume based on T2 G, if so 24th September 2018.

[zimba]

Hi there,

My first UK entry was on - 16th Feb 2016 with different visa and Tier 2 General was from 24th Sep 2018, when I am applying for ILR application, which date do I need to provide as first UK entry date ? was it 16th feb or 24th Sep. this is for SET ( O ) application.

Please advise.

The date of the first UK entry is irrelevant to your ILR. So I would not worry about what to put down and answer as it is asked

[Vamsi515]

Dear Members,

This is regarding the ILR application:

we came here on 2018 and we have applied public funds on 2019 with out knowingly and stopped using from 2020 and we have paid it back the amount on 2023. now I am eligible to apply for ILR, what would be consequences or please share any experiences if any one face the same scenario in the past or any advise.

Thanks,

[zimba]

It should have no adverse immigration-related effects as early childcare is NOT classed as public funds at all.
See:claiming-benefits/30-hour-childcare-one ... l#p2101745

Your immigration status simply disqualifies you from getting 30-hour early childcare BUT you are not in breach of the NRPF rules if you mistakenly receive it.

[Vamsi515]

Thank you very much for your response with the link about Public Funds.

I just found the link ( https://www.gov.uk/30-hours-free-childcare ) for 30 hours child care where the " Eligibility" section mentioned " your Immigration status " and the Immigration status requirements mentioned as below -

• British or Irish citizenship

• settled or pre-settled status, or you have applied and you’re waiting for a decision

• permission to access public funds - your UK residence card will tell you if you cannot do this
  If you have a partner, they must have a National Insurance number too.

I didn't come under any of the above requirements when I applied and consumed the 30 hours child care code. My BRP card mentioned ( UK resident card ) mentioned - no access to public funds for my wife and my card.

is there some thing going to be an issue when I apply my ILR ?

[Vamsi515]

I got this link too -

https://nrpfnetwork.org.uk/information- ... de-content

" A parent who has leave to remain that is subject to the 'No Recourse to Public Funds' (NRPF) condition will not meet the residence requirement. Therefore,when a single parent or both parents in a household have leave to remain with NRPF, the family will be unable to access 30 hours childcare."

[zimba]

As I explained, you were NOT eligible for 30-hour childcare but that has NOTHING to do with NRPF restrictions as early child care is NOT a public fund

Similarly, you are NOT eligible to vote in the UK elections. I can also say if you happen to have 'no access to public funds' on your BRP you also cannot vote in the UK elections. But obviously not being eligible to vote has NOTHING to do with NRPF restrictions on your BRP per se.

[Vamsi515]

Thank you very much Zimba.

As I understand from you that there won't be any issue on my ILR and my wife's ILR application and reason for rejection due to 30 hours child care consumption, I have paid the amount back to my local council but after 2 years of consumption.

Please correct me if my understanding is wrong.

Thanks,

[zimba]

correct

[Vamsi515]

Hi All,

My earliest ILR eligibility date is : 20th August 2023 ( 28 days prior 5 years, 4 years 11 months )

does this mean, can I submit my online ILR application before 20th August 2023 and must attend Bio metric appointment after 20th August 2023 ?

or

must submit online application and bio metric after 20th August 2023 ?

please confirm.

[zimba]

How to apply early and benefit from the date of the ILR decision ?

[Vamsi515]

Hi Zimba,

Thanks. I am unable to understand this post.

I have still visa until 2024 September but I am eligible to apply my ILR by 20th August 2023, can I submit my online application now and book a bio metric slot after 20th August 2023 ? or do I need to submit and book a biometric slot after 20th August 2023 ?

Please advise.

Thanks.

[zimba]

Simply apply and book your appointment on or after 20th August 2023

[AmazonianX]

Hi Zimba,

Thanks. I am unable to understand this post.

I have still visa until 2024 September but I am eligible to apply my ILR by 20th August 2023, can I submit my online application now and book a bio metric slot after 20th August 2023 ? or do I need to submit and book a biometric slot after 20th August 2023 ? Correct, sure you can.

Please advise.

Thanks.

[Vc79]

Just to confirm that for ILR, you date of application is the date you had your biometric appointment? If someone ha submited application before the eligibility of 28 days rule but appointment date is after the 28 days eligibility rule ( date of application) then application won’t be rejected on the ground that online application submitted before the eligiblw period of 28 days?

[vinny]

The date of application is specified under 34G and caseworkers should abide by that.

If you satisfy the ILR requirements on the date of the decision, then I think you should be okay.

[Vc79]

Thanks for quick response.

I have applied online and since I have opted priority Visa service ( 5 day’s decision) so by that, my decision date would fall before the end of 5 years. Do I need to change appointment to meet that criteria?

[vinny]

Simply apply and book your appointment on or after 20th August 2023

Agree with above. If you are eligible to apply for ILR from 20th August 2023, then an appointment from 20th August 2023 (or later) will ensure that the decision is from 20th August 2023 (or later).

However, if they switched you in-country to Tier 2 (General) leave on 24th September 2018, then your qualifying period started on the 24th September 2018. You should apply for ILR no sooner than 28 days prior to the completion of your 5-year qualifying period, which is on 27th August 2023? So perhaps your appointment should have been from 27th August 2023 (or later) to be safer.

As your leave is valid until September 2024, then why didn’t you give yourself a greater margin of error and apply from 24th September 2023 to avoid all doubts?

When is your appointment?

[Vamsi515]

Simply apply and book your appointment on or after 20th August 2023

Agree with above. If you are eligible to apply for ILR from 20th August 2023, then an appointment from 20th August 2023 will ensure that the decision is from 20th August 2023.

However, if they switched you in-country to Tier 2 (General) leave on 24th September 2018, then your qualifying period started on the 24th September 2018. You should apply no sooner for ILR than 28 days prior to the completion of your 5-year qualifying period, which is on 27th August 2023? So perhaps your appointment should have been from 27th August 2023 to be safer.

As your leave is valid until September 2024, then why didn’t you give your self a greater margin of error and apply from 24th September to avoid all doubts?

When is your appointment?

Thanks for your response.

Current Visa Expiry Date : 18/10/2024
ILR Eligibility Date ( 28 days before 5 years ) : 20/08/2023
ILR Online application submission : Can I submit before 20/08/2023 ?
ILR Bio metric appointment date : Can I book on or after 20/08/2023 ?

Please help to share your thoughts.

[Vamsi515]

Thanks for quick response.

I have applied online and since I have opted priority Visa service ( 5 day’s decision) so by that, my decision date would fall before the end of 5 years. Do I need to change appointment to meet that criteria?

Thanks for your post. seems we both are on the same boat.

By any chance, did you submit your ILR online application before 28 days of eligibility and book a biometric appointment on or after the eligibility date ( 28 days before 5 years ) ?

[vinny]

24/09/2018 + 5 years = 24/09/2023.
24/09/2023 - 28 days = 27/08/2023.
IMHO, using 20/08/2023 was incorrect.

[Vamsi515]

Is the 5 years completed on 24/09/2023?
Is 24/09/2023 - 28 days = 27/08/2023?
How did you get 20/08/2023?

Thanks for your quick response. These are below my accurate dates :

Tier 2 Visa granted Date : 18/09/2018 ( from visa stamp date )
5 years completion Date : 18/09/2023 ( from online date calculator tool )
Current BRP Expiry Date : 28/10/2024 ( from the BRP card date )
ILR Eligibility Date ( 28 days before 5 years ) : 20/08/2023 ( Immigration advisor told me this date , not sure if they are accurate, online date calculator tool given me 22/08/2023 is the date )
ILR Online application submission : Can I submit before 20/08/2023 ?
ILR Bio metric appointment date : Can I book on or after 20/08/2023 ?

we are dependent on couple of life changing decisions based on the ILR decision, hence wanted to take an appointment on first day of eligibility.

Please share any thoughts.

[vinny]

Ah, the start date 24/09/2018 was an error!

18/09/2023 - 28 days = 21/08/2023.

[Vamsi515]

Thanks you again for the response.

Can I submit as below -

ILR Online application submission : Can I submit before 21/08/2023 ?
ILR Bio metric appointment date : Can I book on or after 21/08/2023 ?