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uk.workpermit123 wrote:Hi,
I would be applying Tier1 from India. Please let me know the below info.
1) How long one can take to move to uk after getting Tier1 approved? Does it have an affect on getting ILR? Your ILR clock of 5 years starts when you enter in UK for the first time. To make sure your late entry doesn't affect your ILR status it is advised to enter in UK within 28 days of the visa start date.
2) How long it takes to get an ILR status? As per the current rules it takes 5 years. But these rules can change in future.
Thanks and Regards,
AKS
chetanojha wrote:uk.workpermit123 wrote:Hi,
I would be applying Tier1 from India. Please let me know the below info.
1) How long one can take to move to uk after getting Tier1 approved? Does it have an affect on getting ILR? Your ILR clock of 5 years starts when you enter in UK for the first time. To make sure your late entry doesn't affect your ILR status it is advised to enter in UK within 28 days of the visa start date.
2) How long it takes to get an ILR status? As per the current rules it takes 5 years. But these rules can change in future.
Thanks and Regards,
AKS
5 WHEN TO APPLYalladin wrote:Hello chetan,
Does any documents say specifically about this " enter in UK within 28 days of the visa start date".
Because I am in a similar situation like this and I will be short of 30 days for 5 years. My visa started was issued on 3rd March 2008 and I entered UK on 3rd April,2008. I have got the extensioin till 3rd March 2013.
Assuming the rules for ILR is not changed, and if I apply on Jan,2013 for ILR, will it be any help. or I will have to go for another extension.
Are you aware about any successful cases like this ?
Thanks,
alladin
chetanojha wrote:uk.workpermit123 wrote:Hi,
I would be applying Tier1 from India. Please let me know the below info.
1) How long one can take to move to uk after getting Tier1 approved? Does it have an affect on getting ILR? Your ILR clock of 5 years starts when you enter in UK for the first time. To make sure your late entry doesn't affect your ILR status it is advised to enter in UK within 28 days of the visa start date.
2) How long it takes to get an ILR status? As per the current rules it takes 5 years. But these rules can change in future.
Thanks and Regards,
AKS
aruni4470 wrote:5 WHEN TO APPLYalladin wrote:Hello chetan,
Does any documents say specifically about this " enter in UK within 28 days of the visa start date".
Because I am in a similar situation like this and I will be short of 30 days for 5 years. My visa started was issued on 3rd March 2008 and I entered UK on 3rd April,2008. I have got the extensioin till 3rd March 2013.
Assuming the rules for ILR is not changed, and if I apply on Jan,2013 for ILR, will it be any help. or I will have to go for another extension.
Are you aware about any successful cases like this ?
Thanks,
alladin
chetanojha wrote:uk.workpermit123 wrote:Hi,
I would be applying Tier1 from India. Please let me know the below info.
1) How long one can take to move to uk after getting Tier1 approved? Does it have an affect on getting ILR? Your ILR clock of 5 years starts when you enter in UK for the first time. To make sure your late entry doesn't affect your ILR status it is advised to enter in UK within 28 days of the visa start date.
2) How long it takes to get an ILR status? As per the current rules it takes 5 years. But these rules can change in future.
Thanks and Regards,
AKS
You and any dependants applying with you should apply
before the end of your/their permitted stay in the UK.
There is a qualifying period to complete in most of the categories
on this form. It runs either from
- the date on which you entered the UK with a visa in
the relevant category; or, if you did not enter the UK
with such a visa, from
- the date on which you were first granted permission
to remain in the UK in the relevant category.
If you entered the UK with a visa several weeks or more
after the date from which it was valid for use, you may need
to apply for an extension of stay to complete the relevant
qualifying period.
Please do not apply more than 28 days before completing
the qualifying period. If you apply earlier than that,
your application may be refused. If that happens, we will
not refund the fee and you will have to pay again when
reapplying.
The qualifying periods are as follows:
5 years In the work permit holder, employment not requiring
a work permit, businessperson, innovator, investor,
self-employed lawyer, writer, composer or artist, UK ancestry,
Tier 1 and Tier 2 categories or routes.
5 years or 4 years in the highly skilled migrant category.
The 4-year qualifying period applies only to applications
made under the terms of the HSMP indefinite leave to
remain judicial review policy document. Those terms apply
only if you applied successfully under the highly skilled
migrant programme (HSMP) before 3 April 2006. All other
highly skilled migrant applications are subject to the 5-year
period.
4 years in the ex-HM Forces category.
10 or 14 years In the long residence category.
You can see this on Page 3 on the document in below link
http://www.ukba.homeoffice.gov.uk/sitec ... to0409.pdf
There is none!!alladin wrote:I feel there is a bit ambiguity there.
regardsApplying for settlement wrote:Please do not send us your application more than 28 days before you become eligible to apply. If you do, we may refuse your application with no refund of the application fee. However, you must make your application before your current permission to stay in the UK expires.
If you are already in the UK but you have not been here long enough to apply for settlement, you can apply to extend your temporary permission to stay.
As Sushdmehta rightly said there is no ambiguity. Your application for ILR would be accepted only 28 days prior to the date one completes the full 5 years residence (as of now)sushdmehta wrote:There is none!!alladin wrote:I feel there is a bit ambiguity there.
One has to show a continuous residence of 5 years from the date one enters UK as a resident (or switches in-country into an immigration category that qualifies for ILR). As already stated by others, you can make an application for ILR (at the most) 28 days before the date you complete the 5 years.
Imagine a situation wherein your current leave to remain is ending 29 days before the date you were to complete 5 years continuous residence (to be eligible for ILR). Let's assume the following:- you qualify for ILR on 28-Feb-2010 and your current leave to remain is ending on 30-Jan-2010. As per rules, your ILR application will be accepted only if it reaches UKBA on or after 01-Feb-2010 (within 28 days of you completing 5 years of residence in UK).
In this case, unless you apply for a further Tier 1 extension there is no way that you can apply for ILR. Why? Because if you don't you will be an illegal resident on 31-Jan-10 and in breach of immigration rules. There goes your ILR dream down the drain!!
regardsApplying for settlement wrote:Please do not send us your application more than 28 days before you become eligible to apply. If you do, we may refuse your application with no refund of the application fee. However, you must make your application before your current permission to stay in the UK expires.
If you are already in the UK but you have not been here long enough to apply for settlement, you can apply to extend your temporary permission to stay.
aruni4470 wrote:As Sushdmehta rightly said there is no ambiguity. Your application for ILR would be accepted only 28 days prior to the date one completes the full 5 years residence (as of now)sushdmehta wrote:There is none!!alladin wrote:I feel there is a bit ambiguity there.
One has to show a continuous residence of 5 years from the date one enters UK as a resident (or switches in-country into an immigration category that qualifies for ILR). As already stated by others, you can make an application for ILR (at the most) 28 days before the date you complete the 5 years.
Imagine a situation wherein your current leave to remain is ending 29 days before the date you were to complete 5 years continuous residence (to be eligible for ILR). Let's assume the following:- you qualify for ILR on 28-Feb-2010 and your current leave to remain is ending on 30-Jan-2010. As per rules, your ILR application will be accepted only if it reaches UKBA on or after 01-Feb-2010 (within 28 days of you completing 5 years of residence in UK).
In this case, unless you apply for a further Tier 1 extension there is no way that you can apply for ILR. Why? Because if you don't you will be an illegal resident on 31-Jan-10 and in breach of immigration rules. There goes your ILR dream down the drain!!
regardsApplying for settlement wrote:Please do not send us your application more than 28 days before you become eligible to apply. If you do, we may refuse your application with no refund of the application fee. However, you must make your application before your current permission to stay in the UK expires.
If you are already in the UK but you have not been here long enough to apply for settlement, you can apply to extend your temporary permission to stay.