WP->ILR in 3 years 11 months

[mrragavan]

Hello
I will be completing 4 years in the month of May 2004 on a work permit. I called IND and enquired about getting PR one month in advance. They said that provided I have the required documents, I can get the PR on the same day at PCO in Croydon for myself and my wife. It would be really helpful if someone could answer my questions :

1. How is it possible to get a ILR one month in advance as the rule says that I have to complete 4 years for that ?

2. Is it a requirement for my wife to be there personally along with me in Croydon to get her ILR as well ? She has been living in this country for 3 years and few months and we have been married for more than 2 years.

Many Thanks
RamanR

[Kayalami]

RamanR,

1. For an application for a variation of leave to be considered valid by the Home Office it must:

a) be received while your current leave to remain (LTR) or enter (LTE) is valid.
b) be on the correct form unless exempt by statute (law) or discretion.
c) include the relvant fee unless exempt by statute (law) or discretion.
d) include all the relevant documentation including passports, photos etc as per the class/ category of application.

The Home office as an operational policy accepts applications upto 4 weeks before the expiry of your current LTR to ensure where the application is not complete as required above it is sent back to the applicant for re-submission within the 4 weeks. Think of it as the Home Office giving you an insurance allowance to cover those situations where you get it wrong. The importance of this is that where an in time valid application is refused you may have appeal rights in the UK. An out of time applicant that is refused has no appeal rights in the UK unless such was an asylum application and is not cetified or is one under the human rights act.

If you wish to apply at the 4 year on WP mark then feel free to do so but make sure your WP LTR is valid.

2. Your wife and dependent children if any can be included in your application for ILR and do not have to be present/ accompany to any Public Enquiry Office e.g. Croydon. They must however be physically present in the UK on that date as indicated by the submission of their passport/ travel document with your application for endorsment of ILR in line with you if successful.

Good Luck

[DoubtingThomas]

Hi Kayalami,

I would like to include my parents as my dependents in addition to my spouse when I apply for ILR. Could you please advise me if this is feasible - and if possible how I go about with it.

Thanks!!

[Kayalami]

DoubtingThomas,

No your parents cannot be included in your application for ILR. However once you obtain ILR there is scope in the immigration rules to sponsor them for ILR where the requirements of the rules are met namely para 317 which states:

317. The requirements to be met by a person seeking indefinite leave to enter or remain in the United Kingdom as the parent, grandparent or other dependent relative of a person present and settled in the United Kingdom are that the person:

(i) is related to a person present and settled in the United Kingdom in one of the following ways:

(a) mother or grandmother who is a widow aged 65 years or over; or

(b) father or grandfather who is a widower aged 65 years or over; or

(c) parents or grandparents travelling together of whom at least one is aged 65 or over; or

(d) a parent or grandparent aged 65 or over who has remarried but cannot look to the spouse or children of the second marriage for financial support; and where the person settled in the United Kingdom is able and willing to maintain the parent or grandparent and any spouse or child of the second marriage who would be admissible as a dependant; or

(e) parent or grandparent under the age of 65 if living alone outside the United Kingdom in the most exceptional compassionate circumstances and mainly dependent financially on relatives settled in the United Kingdom; or

(f) the son, daughter, sister, brother, uncle or aunt over the age of 18 if living alone outside the United Kingdom in the most exceptional compassionate circumstances and mainly dependent financially on relatives settled in the United Kingdom; and

(ii) is joining or accompanying a person who is present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and

(iii) is financially wholly or mainly dependent on the relative present and settled in the United Kingdom; and

(iv) can, and will, be accommodated adequately, together with any dependants, without recourse to public funds, in accommodation which the sponsor owns or occupies exclusively; and

(iva) can, and will, be maintained adequately, together with any dependants, without recourse to public funds; and

(v) has no other close relatives in his own country to whom he could turn for financial support; and

(vi) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity.

[DoubtingThomas]

Thanks Kayalami. Both my parents are under 55 years - so I understand that they would have to wait for 10 more years to join me on an ILR status??!!

[Kayalami]

Correct unless there were the most compelling of reasons to consider an application outside the rules such as destitution as a minimum amongst other things.