ILR 5yr period Clarification and some questions.

[Wjeffs1979]

Hi,

I realise you must have been asked this numerous times and i apologies in advance but could not find on previous posts.

I am Currently on a 5yr work permit and my entry clearance is valid from 30/11/2005 - 30/11/2010.

I entered the UK on 06/12/05

My questions now i am now looking to apply for my ILR or plan to.

a. When should i apply

B. is my 5yrs requirement Valid as it will be 6 days short? is the 6 days disregarded or do i need to apply for an extension.

C. My entry clearance is currently in my old expired passport and i currently carry both my expired passport with the entry clearance in and my new valid passport, would this be acceptable when i apply for ILR or do i need to get the entry clearance transfered first?(This would seem pointless to me.)

D. how do i calculate the exact dates of being out of the country if the dates are not clear on the stamps?

Thanks for your help in advance.

just to confuse, i am also currently married to a british citizen and have been since 06/06/2007...would this help or hinder my application? or should i be applying in a different way?


Cheers
Weston

[kindley]

Hi,

I realise you must have been asked this numerous times and i apologies in advance but could not find on previous posts.

I am Currently on a 5yr work permit and my entry clearance is valid from 30/11/2005 - 30/11/2010.

I entered the UK on 06/12/05

My questions now i am now looking to apply for my ILR or plan to.

a. When should i apply

B. is my 5yrs requirement Valid as it will be 6 days short? is the 6 days disregarded or do i need to apply for an extension.

C. My entry clearance is currently in my old expired passport and i currently carry both my expired passport with the entry clearance in and my new valid passport, would this be acceptable when i apply for ILR or do i need to get the entry clearance transfered first?(This would seem pointless to me.)

D. how do i calculate the exact dates of being out of the country if the dates are not clear on the stamps?

Thanks for your help in advance.

just to confuse, i am also currently married to a british citizen and have been since 06/06/2007...would this help or hinder my application? or should i be applying in a different way?


Cheers
Weston

You're qualified to apply for ILR by virtue of your marriage and WP.

Have you sat and passed The Life In the UK test?

[f2k]

The date of entry is the one that you use for your calculation. So your 5years is up on 6/12/2010.

a/ 8 November 2010. You can apply 28 days before your 5year anniversary.
http://www.timeanddate.com/date/dateadd.html
b/ it should not be a problem if you apply between 8 November 2010 and 30/11/2010


c/ No need to transfer visas to new passport. just submit both with your application

d/ you can request what is known as a Subject Access Request, that could delp but that would only give you dates of when you reentered the UK, you would still need to work out when you left.

your being married to a British citizen shouldnt matter at this time. But as soon as you get your ILR stamp in your passport you can immediately apply for naturalisation. you may want to start thinking about that as well before your ILR is issued

[Wjeffs1979]

Hi F2K,

Thanks for the quick reply, I will most likely apply for it on my work permit as thats what i've been on since 06/12/05 and not on a spousal visa.

That being the case can i still apply for naturalisation immiadiately after ILR(o) is granted, i was under the impression i had to have been on ILR for at least 1 yr or does being married to a british national change that?

Do you know where i can read up about this?

Cheers
Weston

[Wjeffs1979]

COuld i not also just apply for naturalisation straight or is ILR a pre requirement?

[f2k]

Yes ILR is a pre-requisite for naturalisation. The difference is that if you are married to a British at the time of applying you only need to have it, there is no time requirement. So in reality you can come from the the PEO with your brand new ILR stamp and head straight to the post office or NCS office to post your naturalisation application as long as you have been in the counttry legally for 3 years prior to the date of application. for not married to BC then the 1 year minimum kicks in.

http://www.ukba.homeoffice.gov.uk/briti ... alisation/

@kindley, i think you are confusing ILR with naturalisation

[Wjeffs1979]

Thanks,

I understand the difference between the 2 just was thinking may be i could do both together or skip straight the naturalization.

Oviously not the case.

Thanx for your help.

cheers

[kindley]

Yes ILR is a pre-requisite for naturalisation. The difference is that if you are married to a British at the time of applying you only need to have it, there is no time requirement. So in reality you can come from the the PEO with your brand new ILR stamp and head straight to the post office or NCS office to post your naturalisation application as long as you have been in the counttry legally for 3 years prior to the date of application. for not married to BC then the 1 year minimum kicks in.

http://www.ukba.homeoffice.gov.uk/briti ... alisation/

@kindley, i think you are confusing ILR with naturalisation

I have looked at it again...I kind of misread his post. You're right..post has been edited. Thanks for pointing it out.

[Wjeffs1979]

Hi,

i'm not qualified to apply for Set(m) as i have not been on a spousal visa, i only qualify for set(o) on my Work permit.

Apologies, was married in 2008 not 2007. But still not been on the spousal visa.

Cheers
Weston

[kindley]

Hi,

i'm not qualified to apply for Set(m) as i have not been on a spousal visa, i only qualify for set(o) on my Work permit.

Apologies, was married in 2008 not 2007. But still not been on the spousal visa.

Cheers
Weston

You're right, as you've just pointed out, you were married in 2008.

Yes, you are qualified to apply on form SET(O).

Good luck!

[John]

you are qualified to apply on form SET(O).

Well he will be, But not until 08.11.10. And only then if the Life in the UK Citizenship test has been passed.

Wjeffs1979, after getting the ILR, and because of marriage to a British Citizen, he will be permitted to apply for Naturalisation, without needing to hold ILR for one year. Make sure that you were physically in the UK exactly 3 years before UKBA will receive the Naturalisation application.

[amreenmalik]

Hi everybody,
I got my 5 year WP entry clearance on 14/04/2005.
And arrived into the U.K on 07/05/2005.
Can I apply for ILR with this visa or should I go for an extension.
Could somebody please clarify me, when will I be able to apply for my ILR with my two dependants(wife&kid).

Thanks in advance,
Malik.

[neerma]

I think you better ask the Moderators or ask some Senior members or Gurus.

Experienced people please reply.

Cheers,
N

[geriatrix]

Hi everybody,
I got my 5 year WP entry clearance on 14/04/2005.
And arrived into the U.K on 07/05/2005.
Can I apply for ILR with this visa or should I go for an extension.

The date of entry is the one that you use for your calculation and you can apply 28 days before your 5year anniversary (07 May 2010).
In simple words, you can apply for ILR on / after 09 Apr 2010 (provided you fulfil the residency requirements amongst others).

regards

[amreenmalik]

Hi everybody,
I got my 5 year WP entry clearance on 14/04/2005.
And arrived into the U.K on 07/05/2005.
Can I apply for ILR with this visa or should I go for an extension.

The date of entry is the one that you use for your calculation and you can apply 28 days before your 5year anniversary (07 May 2010).
In simple words, you can apply for ILR on / after 09 Apr 2010 (provided you fulfil the residency requirements amongst others).

regards

Hi Sushdmehta,

What do you mean by "(provided you fulfil the residency requirements amongst others)." Is it like, not being long absent outside U.K, not claiming any benefits, etc.,

Could you please advise so that I can check myself.
Thanks and Regards,
Malik.

[geriatrix]

Could you please advise so that I can check myself.

Yes, I meant fulfilling other requirements to be eligible for ILR (not just completing 5 years, which is just 1 of many).

Read Guide SET(O), Guide SET(M) and Guide SET(F) (as applicable).

regards

[amreenmalik]

Thankyou so much for your advise.

Malik.