ILR - exact term 4 years or 3yr & 10/11 month ?

vin123 · Post by **vin123** » Tue May 18, 2004 5:35 pm

Apologies if this topic is repeated.

Could someone tell me whether they(Home Office) will reject my ILR application if I apply after 3 years and 11 months. To be precise, 6 weeks exactly before 4 yr clock ends.
I'm planning to go to Croydon Lunar House in person (of course with a £250 cheque.. for Gordon Browns favour)
Has anyone had any experience like this before, please share some thoughts. I'm planning to take a long vacation after my ILR ..Hurraaah

vins

Kayalami · Post by **Kayalami** » Tue May 18, 2004 5:43 pm

A personal application can be made 28 calendar days before the 4 year period - 6 weeks will see it classed as a pre-mature application and you will get told to come back...I've seen it happen to people who went at the 29/30 day mark and were told to return in a day/two. Home office does not wan't to set precedent..today its 4 weeks, then 6 weeks...where will it stop??

vin123 · Post by **vin123** » Tue May 18, 2004 5:53 pm

Thanks for the info Kayal. But the website doesn't actually say anything clearly. It says, you are eligible to apply if you have completed 4 years OR "if you are nearing 4 years of completion"..What does that mean anyway ?
Thanks for the input ..will watch out for 4 weeks times.

Kayalami · Post by **Kayalami** » Tue May 18, 2004 6:04 pm

1. You will also note words to the effect that what is on the webiste is not a statement of law and a reference to various immigration acts.

2. The HO give you a 4 week before the relevant time period to apply as an insurance policy in your favour in case your application is incomplete. They can then send it back to you to make the relevant corrections. An application which is complete and in time would typically have/ allow an appeal if it were refused and ensures you do not start accumulating illegal presence in the UK.

enpv · Post by **enpv** » Fri May 21, 2004 3:06 pm

If the early application for ILR (say 5 days early) is supported by an employer's letter stating the business reason for applying earlier would that make any difference? Is it worth trying or there is no chances to get it?
Thanks,

enpv

Kayalami · Post by **Kayalami** » Fri May 21, 2004 3:09 pm

What is the 'business reason' and what will be the validity of your remaining leave after your return to the UK?

enpv · Post by **enpv** » Mon May 24, 2004 11:31 am

Kayalami,

My business reason is a short assignment for 6-8 weeks to help with a preparation for a launch the new product in US. This would mean that on my return I will miss the date when my 4 years term completes. Certainly, I can explain to my employer the reason why I can not travel at this time but wonder if it is worth having a go to try to get ILR earlier?

Many thanks for your advice.

Kayalami · Post by **Kayalami** » Mon May 24, 2004 4:12 pm

And moving on to the 2nd part of my Q - what will be the validity of your remaining leave after your return to the UK?

enpv · Post by **enpv** » Mon May 24, 2004 4:49 pm

Sorry, I did not explain myself clearly. If I travel to US my remaining leave in UK will expire while I am in US. I need to travel a week before my stay in UK reaches 3 years 11 months and my work permit is for 4 years only which will expire while I am still in US.

Kayalami · Post by **Kayalami** » Tue May 25, 2004 4:37 pm

enpv,

An application before the standard 28 day period would be on a discretionary basis - the problem with such is the matter of subjectivty which in turn means a longer processing time. Your employer must submit a detailed letter on:

1. The work you will be undertaking.

2. The skill set/ knowledge/ expereince it requires.

3. How you match the skill set.

4. If there are any other people in the company who have the same skill set.

5. Why you have specifically been selected in lieu of anyone else.

No disrespect but I deduce from your 'help with a preparation for the launch of a product' comment that your absence would not necessarily be a show stopper. However it may be that your expiry of FLR whilst outside the UK may swing the caseworker to decide in your favour. IMHO you are best to err on the side of caution and arrange to travel post grant of ILR rather than a discretionary approach 5 days early. As always you never know till you try and you may get lucky. Let us know how it went.

Best of luck

enpv · Post by **enpv** » Tue May 25, 2004 4:56 pm

Many thanks for your advice and comments.
Best regards,
enpv

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ILR - exact term 4 years or 3yr & 10/11 month ?

ILR - exact term 4 years or 3yr & 10/11 month ?

early ILR application

early ILR