Urgent! 5 days short to 5-year WP, eligible to apply ILR?

[Excel]

Hi, please help!

I am currently a WP holder "completing" 5 years by March 31st 2009, but my current LTR will end 5 days earlier - Mar 26, which is due to the strange leave given by HO (but I didn't realize this was a problem until TODAY!). In short, I have 5-year WP but only 59 months and 26 days leave.

I wonder whether I can apply for ILR 28 days before the supposing completion date of March 31st 2009. Or do I have to apply for extension first as I won't be able to complete 5 years in the first place?

If I can, should I apply in person or by post?

[Frontier Mole]

You can apply 28 days before the date you would have completed the 5 full years. So you will be ok.

[Excel]

Thanks Frontier Mole.
Just wondering how sure you are. Have you encountered such enquiry before? What would you do if choosing between applying in person and by post?
Sorry for being paranoid but this is really important to me.

[Frontier Mole]

This enquiry only seen a couple of hundred times before!
As for post or in person, if you have money to spare in person at PEO would always be best. It one hell of a premium to pay though!

How sure am I - sure enough to know that duff info on the forum gets chased up fairly quickly - thanks to vinny as he keeps us lot up to speed

[GoodFun]

I have seen people refer to the 28 days prior to end of 5 year qualifying period as the time to apply for ILR however this is under the assumption that the existing visa does not expire prior to the 5 year qualifying period.

Therefore the original question as to whether the 5 days short make a difference I am not sure what the BIA stand on this is.

If anyone has actual experience of such a case where the existing visa (WP, HSMP, Tier 1) was short of the 5 year qualifying period but only by < 28 days and they managed to successfully apply for ILR.

[vinny]

I have seen people refer to the 28 days prior to end of 5 year qualifying period as the time to apply for ILR however this is under the assumption that the existing visa does not expire prior to the 5 year qualifying period.

You must not send us your application more than 28 days before the end of your qualifying period. If you do, we may refuse your application with no refund of the fee. However, you must make your application before your current permission to stay in the United Kingdom expires.

Assumption is that an application for settlement is made no sooner than 28 days (4 weeks) prior to the completion of your qualifying period and your leave had not expired on the date of the application (34G - 34I).

[GoodFun]

You must not send us your application more than 28 days before the end of your qualifying period. If you do, we may refuse your application with no refund of the fee. However, you must make your application before your current permission to stay in the United Kingdom expires.

Assumption is that an application for settlement is made no sooner than 28 days (4 weeks) prior to the completion of your qualifying period and your leave had not expired on the date of the application (34G - 34I).

Thanks for the reply, I agree with your interpretation of the BIA guidelines however has anyone on this board been in a position that I outline and have not been queried about the length of their qualifying period being short of the 5 years by BIA. I just want to know what the BIA internal guidelines are about shortness in the qualifying period of less than 28 days.

[nnj10]

Hi Excel,

I think the 5 Year Qualifying period runs from the date you were actually granted the Entry Clearance, and not necessarily the date of your entry to the UK.

Just looked at the Form SET (O), which cleary says, so.

I assume, you entered UK just after 5 days of your entry clearance in the beginning, that's why the shortfall of 5 Days.

Alternate views/exp. welcome!

NNJ10

[antouk]

sorry to hijack the thread, but my questions is also of similar sorts.

My friend's current leave to remain expires oct 09. But he'll be completing his 5yrs stay by jan 2010.

My question here is :

if he applies for extension, how many years of extension will he get?


is there a way to apply for ILR after his current leave to remain expires?

He is currently on HSMP, can he change to WP for filling the gap of 3 months and apply for ILR?

[Excel]

Hi Excel,

I think the 5 Year Qualifying period runs from the date you were actually granted the Entry Clearance, and not necessarily the date of your entry to the UK.

Just looked at the Form SET (O), which cleary says, so.

I assume, you entered UK just after 5 days of your entry clearance in the beginning, that's why the shortfall of 5 Days.

Alternate views/exp. welcome

NNJ10

Hi NNJ10

Thanks for your input. However, it wasn't an entry clearance. Instead it was a "leave to remain" issue. I was in the UK as a graduate with valid leave when my company got me the WP before my visa expired. So my 5-year started from the date when I was given the "further leave to remain" on WP, which is dated on Mar 31st 2004.

[GoodFun]

I called the UKBA General Enquiries line to discuss appointment to a PEO. The lady I spoke to was not very sure about the shortfall thing. She consulted her superior and came back to say that such shorts visas need to apply by post rather than in person. The reason was that although 28 days early applications are accepted, it is under the assumption that the eligible visa is valid till the end of the qualifying 5 year period. She said that for this reason, in person application would not be successful since the eligible visa would not cover the full 5 years. She said that the instructions they have is to return the application to suggest to the applicant to apply for an extension and then again for ILR.

However, she also said that one can apply by post and then it is at the discretion of the assessor to make the call.

Hence I would recommend requesting clear UKBA internal instructions about this.

[shivuu006]

Hello Excel

I am also on similar boat as yours however two days short. Could you let me know how did you get on with ILR?

Thanks

[republique]

I called the UKBA General Enquiries line to discuss appointment to a PEO. The lady I spoke to was not very sure about the shortfall thing. She consulted her superior and came back to say that such shorts visas need to apply by post rather than in person. The reason was that although 28 days early applications are accepted, it is under the assumption that the eligible visa is valid till the end of the qualifying 5 year period. She said that for this reason, in person application would not be successful since the eligible visa would not cover the full 5 years. She said that the instructions they have is to return the application to suggest to the applicant to apply for an extension and then again for ILR.

However, she also said that one can apply by post and then it is at the discretion of the assessor to make the call.

Hence I would recommend requesting clear UKBA internal instructions about this.

Good Fun, it is pretty common knowledge that you can do so by post 28 days in advance despite a shortfall. Please refrain from making these kind of ill informed statements when the forum has a wealth of knowledge confirming it. Try using the search function instead of winging it. Everyone also knows the that helpline doesn't help.

[vinny]

I called the UKBA General Enquiries line to discuss appointment to a PEO. The lady I spoke to was not very sure about the shortfall thing. She consulted her superior and came back to say that such shorts visas need to apply by post rather than in person. The reason was that although 28 days early applications are accepted, it is under the assumption that the eligible visa is valid till the end of the qualifying 5 year period. She said that for this reason, in person application would not be successful since the eligible visa would not cover the full 5 years. She said that the instructions they have is to return the application to suggest to the applicant to apply for an extension and then again for ILR.

However, she also said that one can apply by post and then it is at the discretion of the assessor to make the call.

Hence I would recommend requesting clear UKBA internal instructions about this.

If a valid application is made, then the leave will be treated as continuing beyond it's expiry date.

[GoodFun]

Good Fun, it is pretty common knowledge that you can do so by post 28 days in advance despite a shortfall. Please refrain from making these kind of ill informed statements when the forum has a wealth of knowledge confirming it. Try using the search function instead of winging it. Everyone also knows the that helpline doesn't help.

Republique can you clarify what statements have I made that are ill infomed? Requesting clarification from UKBA? I just wrote what I was told. As for searching this forum, I have yet to see someone say for definite if they have had success at PEO with shortfall in the 5 years period.

[GoodFun]

Excel please keep us posted on the outcome especially if you use a PEO. Thanks.