Timing of ILR settlement application

[shreem]

Moderators, please note, although I have had a query about the ILR policy, the following thread is on a different topic. Hope you dont lock this

The following statment is an extract from the IND guidelines on making an application at the PEO (http://www.ind.homeoffice.gov.uk/ind/e ... fice.html)

Can I make an early application?

Any valid application for further leave to remain will be considered, regardless of when the application is submitted.

In many categories, the Immigration Rules require that an applicant has been in the UK with leave in that category for a specified period of time before qualifying for settlement. If an applicant applies for settlement before they have completed this period of leave, they will not normally meet the requirements of the Immigration Rules. In order that applicants do not have to wait until the day before their leave expires before applying for settlement, IND will consider applications made earlier.

The prescribed application forms for settlement state that applications should not be submitted more than 28 days before leave expires. Generally any application for settlement which is considered by a caseworker more than 28 days before an applicant has completed the relevant period of leave should be refused. The basis for refusal being that they do not meet the requirements of the Immigration Rules because they have not completed the specified period of leave in the UK. If an application is considered and refused on this basis the fee will be retained. An applicant may apply again for settlement, within 28 days of the current leave expiring and on payment of the appropriate fee.

My LTR expires on 31st Dec 2005
My 4 year qualifying period ends on 19th Dec 2005

I had assumed that I could apply within 28 days of the 4 year qualifying period and hence booked a PEO appointment for tomorrow 22/11/05.

I was double checking the IND pages for one final time and came across the above guidance.

Acccording to the above guidance,

The prescribed application forms for settlement state that applications should not be submitted more than 28 days before leave expires.

Does that mean that I should only submit the application within 28 days of the expiry of the LTR? I was hoping to apply within 28 days of the 4 year qualifying period. I'm sure people apply well before their current LTR expires if they are due to complete their 4 year period.

Can someone help urgently as I would need to make a decision of whether to apply tomorrow or not?

shreem

[ppron747]

Shreem - in the absence of anyone else chipping in, my own (non-expert) view is that if the HO guidance says you shouldn't apply earlier than 28 dyas before your LTR expires, that's what it means..... You may well be successful if you apply tomorrow, but how much is it going to cost you if you aren't?

[shreem]

Thanks Paul.

The application form per se[ "SET (O)"] has no reference to this guidance about applying within 28 days of leave expiry. It only mentions the 28day rule for completing the qualifying period. I only happened to see it in the PEO pages of the website.

Hypothetically consider someone who has a LTR expiring a number of months/years after his 4 year qualifying period. Surely, the homeoffice wouldnt want him to wait until the end of his LTR to apply for his settlement.

I'm certain that a number of people {of this forum} have applied for ILR well before their LTR expiry. An example case would solve this uncertainity.

Any anecdotes?

shreem

[bbdivo]

The form may not say anything about the 28 days, but then the form is does not set the rules! If you're applying before you should be, it will be picked up (unless the immigration officer is not paying attention, which has been known to happen) I applied fro my ILR in person, and when you make the appointment, they take all your details and screen you at that point.

Though having said that I'm sure I've seen some posters on here who have applied early though cant remember what their outcome was.

Personally I would not apply prior to the qualify period (especially if you're doing it in person as that would be goodbye to £500) I did mine on exactly 28 days prior to my 4 years being up, but I had to call and book the appointment about 3 weeks before that.

[EJ]

Dear Bbdivo,

The guidance is confusing, but here is my situation.

I came over on a WP in 2001 and then replaced it with HSMP in 2003. Due to this change my HSMP extension only expires in December 2007. I did however submit my ILR application exactly 28 days before my four years qualifying period was over, this was some time in October 2005. I received my passport with my ILR approval back in 3 weeks after I submitted the application. So I would say submit it as soon as you reach teh 28 days before your four years is over.

[Kayalami]

This may be somewhat academic given the OP was submitting today. Timeline is 28 days prior to the anniversay of the qualifying period (e.g. 4 years on WP) regardless of the remaining LTR (of course presuming you have LTR on the submission date). EJ's case above is clearly an example of such.

For many with substantive remainder of LTR there is an inherent danger to apply too far in advance. The immigration rules amended to counter act this - refusal that application not in accordance with the rules. To negate any appeals you have no right of such if your LTR is beyond 28 days from refusal date.

[shreem]

Applied today in Liverpool: ILR granted.

There was no issue with regards to my qualifying period as I was within 28days of the 4 year period.

The PEO checking team nor the interviewer raised any query about the LTR expiry period. (I do not think that it was an oversight)

Documents checked:

- Employer letter (Worded to say that the employment was continuing until Dec 31 2005)

- Wage slips + Bank statements + WP documents

Thanks to the forum for help in preparation of my application. In particular to John who was spot on when it came to the employment " continuing" clause

shreem

[bbdivo]

Congratulations shreem! You must be relieved after all that! Next step is naturalisation! Good Luck!

[John]

Shreem, congratulations! Obviously getting the ILR in your passport is such a relief!

As bbdivo says, next step Naturalisation .... in a year's time. Better get studying that Citizenship Test!