ILR Qualification Date

[sfjeelani]

Hi,

I am going to apply for my ILR next month on 09 Mar, 2010.

Just wanted to have opinion of experts here if this date is the qualifying date?

I am on Work Permit at the moment.

Leave to Remain granted: 06 Apr, 2005
Visa Expires: 06 Apr, 2010

Have I booked the right date for appointment i.e. 09 Mar, 2010. This is the 28th Day, I think, before qualifying period (5-year)

Many thanks in advanced

[wunder]

28th day is March 10th as the day when your visa expires is included in the sequence. It is better to rebook on a later day.

[sfjeelani]

28th day is March 10th as the day when your visa expires is included in the sequence. It is better to rebook on a later day.

Many thanks for your vaulable input

My understanding for this matter is "one should submit the application "28 days before qualifying period ends (5-year)" 6th April is the first day of 6th year. Should we really count it?

Furthermore, I have been speaking to HO for last month or so to book an appointment and every time they have said that its 9th Mar. So therefore, I have booked it.

Could you please shed further light on this matter?

Many Thanks

[wunder]

I believe there is no strict rule on how to calculate 28 days - so it depends on a case-worker. For example in my case when I called UKBA I was told that I booked one day too early - yet I calculated the date exactly the same way as you did.

Myself, I decided not to risk it and postponed for several days.

[sfjeelani]

I believe there is no strict rule on how to calculate 28 days - so it depends on a case-worker. For example in my case when I called UKBA I was told that I booked one day too early - yet I calculated the date exactly the same way as you did.

Myself, I decided not to risk it and postponed for several days.

Thanks Again,

In my case I have been calling HO since Dec to check how the appointment system works. I must have spoken to 20 different representatives, every single one of them said to me after listenning my dates that I should phone to book 9th Mar as my first day.

After seeing your posts I called HO again. The lady there confirmed 9th as my first eligibility day again. I never doubt it unless I saw your post. Since every single one of them said its 9th.

Dont know now what to do? Can we use their names as evidence though. just in case?

Many Thanks

[sylang]

sfjeelani, did you enter the UK after 6 Apr? I was told in other posts that I should calculate the 28-day period from the day I entered the country. Confused...

[sfjeelani]

sfjeelani, did you enter the UK after 6 Apr? I was told in other posts that I should calculate the 28-day period from the day I entered the country. Confused...

I was already in the UK and it was leave to remain. So my start date starts from 6th April, 2005.

Its true, in case if you have entered. qualifying period is related to how long have you been living in UK not when your visa was granted.

Useful tool to avoid ambiguity:
http://www.timeanddate.com/date/duration.html

Put your arrival and end date of visa, you will know when you qualify.

[sylang]

thank you, now I understand why

[ben78]

Hi guys,

I had started off with a work permit from July 2005 and issued the first 1 year HSMP in Feb 2006, which has been extended to Feb 2011 the next year, which is my current valid visa. I have been fortunately in continuous employment all the while. So am I right in assuming that the work permit would be counted as well, when considering my eligibility for ILR, meaning I could have applied for ILR in July 09. (HSMP jr). OR does the JR include only the period I was on HSMP??

If I was eligible from July 09, will they consider that too in my application, and predate my ILR when they stamp, IF THEY ISSUE ME AN ILR??!!!! I did not apply in July 09, since I was not sure whether I was eligible or not and had always thought that I would have to wait till Feb 2010 before applying for ILR. Is there anything I could possibly do now to get them to include my workpermit as well and predate the ILR, if at all I am eligible.

many thanks in advance
Ben

[sfjeelani]

Hi guys,

I had started off with a work permit from July 2005 and issued the first 1 year HSMP in Feb 2006, which has been extended to Feb 2011 the next year, which is my current valid visa. I have been fortunately in continuous employment all the while. So am I right in assuming that the work permit would be counted as well, when considering my eligibility for ILR, meaning I could have applied for ILR in July 09. (HSMP jr). OR does the JR include only the period I was on HSMP??

If I was eligible from July 09, will they consider that too in my application, and predate my ILR when they stamp, IF THEY ISSUE ME AN ILR??!!!! I did not apply in July 09, since I was not sure whether I was eligible or not and had always thought that I would have to wait till Feb 2010 before applying for ILR. Is there anything I could possibly do now to get them to include my workpermit as well and predate the ILR, if at all I am eligible.

many thanks in advance
Ben

My understanding to this is, they assess things when and what is requested. Recently, I came across guidance notes for case worker that if somebody requests temp. leave even if he/she qualifies for ILR. They give him temp. leave. So based on this if you request ILR now, they would stamp from now on. I am not sure if they can pre-date the visa. Again its my opinion. You should seek professional advice on this forum or somewhere else.

[ben78]

thankyou for the comment. Do you know whether the time spent in work permit would be included in the ILR application under HSMP jr?

Ben

[wunder]

I had started off with a work permit from July 2005 and issued the first 1 year HSMP in Feb 2006, which has been extended to Feb 2011 the next year, which is my current valid visa. I have been fortunately in continuous employment all the while. So am I right in assuming that the work permit would be counted as well, when considering my eligibility for ILR, meaning I could have applied for ILR in July 09. (HSMP jr). OR does the JR include only the period I was on HSMP??

You are covered by HSMP JR (have a look here).

If I was eligible from July 09, will they consider that too in my application, and predate my ILR when they stamp, IF THEY ISSUE ME AN ILR??!!!! I did not apply in July 09, since I was not sure whether I was eligible or not and had always thought that I would have to wait till Feb 2010 before applying for ILR. Is there anything I could possibly do now to get them to include my workpermit as well and predate the ILR, if at all I am eligible.

Your ILR will be backdated to the July 2009. I don't think you need to do anything special to get that.

[sfjeelani]

I believe there is no strict rule on how to calculate 28 days - so it depends on a case-worker. For example in my case when I called UKBA I was told that I booked one day too early - yet I calculated the date exactly the same way as you did.

Myself, I decided not to risk it and postponed for several days.

hello wunder,

Did you book your appointment online or over the phone?

[wunder]

Online.

[vito0514]

I am going to apply for my ILR next month on 09 Mar, 2010.

Just wanted to have opinion of experts here if this date is the qualifying date?

I am on Work Permit at the moment.

Leave to Remain granted: 06 Apr, 2005
Visa Expires: 06 Apr, 2010

Have I booked the right date for appointment i.e. 09 Mar, 2010. This is the 28th Day, I think, before qualifying period (5-year)

28th day is March 10th as the day when your visa expires is included in the sequence. It is better to rebook on a later day.

My understanding for this matter is "one should submit the application "28 days before qualifying period ends (5-year)" 6th April is the first day of 6th year. Should we really count it?

Furthermore, I have been speaking to HO for last month or so to book an appointment and every time they have said that its 9th Mar. So therefore, I have booked it.

Could you please shed further light on this matter?

I believe there is no strict rule on how to calculate 28 days - so it depends on a case-worker. For example in my case when I called UKBA I was told that I booked one day too early - yet I calculated the date exactly the same way as you did.

Myself, I decided not to risk it and postponed for several days.

In my case I have been calling HO since Dec to check how the appointment system works. I must have spoken to 20 different representatives, every single one of them said to me after listenning my dates that I should phone to book 9th Mar as my first day.

After seeing your posts I called HO again. The lady there confirmed 9th as my first eligibility day again. I never doubt it unless I saw your post. Since every single one of them said its 9th.

Dont know now what to do? Can we use their names as evidence though. just in case?

UKBA answer to the Freedom of Information (FOI) request N 68215 (http://www.whatdotheyknow.com/request/h ... ming-68215):
"The guidance advises applicants not apply any earlier than 28 days from the date they are due to complete the required period for settlement (five years for work permit holders). As such providing the date you submit your application is not more than 28 days before this date it will not negatively affect your application. If you submit an application for settlement more than 28 days before you are due to complete the required period, your application is likely to be refused on the basis of not having completed the period required."

[sfjeelani]

Thanks Vito for your input,

It created a lot of anxiety although It seemed quite simple. It clarifies things. Today morning I confirmed with HO again and they said Its 9th March. Similar example was in your link confirmed by UKBA.

One more question though, Can you question UKBA through Freedom of Information Act? How long do they take to answer a question?

Thanks

[vito0514]

Thanks Vito for your input,

It created a lot of anxiety although It seemed quite simple. It clarifies things. Today morning I confirmed with HO again and they said Its 9th March. Similar example was in your link confirmed by UKBA.

One more question though, Can you question UKBA through Freedom of Information Act? How long do they take to answer a question?

yes, you can you question UKBA through Freedom of Information Act: plz, see http://www.whatdotheyknow.com/body/ukba
They must respond promptly and normally no later than 20 working days (however, in reality they do not always keep that time-frame and delay response)