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Backdating ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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gidoc
Senior Member
Posts: 873
Joined: Mon Mar 31, 2008 7:50 pm

Backdating ILR

Post by gidoc » Tue Oct 26, 2010 11:33 am

A quick info is requested from those who have had their ILR backdated. If there has been a delay by UKBA in granting ILR, can one request a letter from them for backdating it?
For example: 5 yr completed in 1st wk June 2010, ILR granted in 3rd wk Oct (procedural delay due to postal application).
Many thanks
Best regards

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Tue Oct 26, 2010 12:09 pm

If this was to be allowed, then every applicant who applies by post would want the ILR (or any other leave that one applies for) to be granted from the day UKBA receives the application / payment is debited.

Applicants have the option of applying in person if they wish to avoid procedural delays by UKBA.


IMHO ...


regards

Markie
Senior Member
Posts: 681
Joined: Wed Sep 21, 2005 3:17 am
Location: Surrey

Re: Backdating ILR

Post by Markie » Tue Oct 26, 2010 12:26 pm

When our ILR application via postal route was approved, the docs we received from UKBA already contained the backdated letters stating that we're free from immigration control on the day we supposed to be free.
gidoc wrote:A quick info is requested from those who have had their ILR backdated. If there has been a delay by UKBA in granting ILR, can one request a letter from them for backdating it?
For example: 5 yr completed in 1st wk June 2010, ILR granted in 3rd wk Oct (procedural delay due to postal application).
Many thanks
Best regards

gidoc
Senior Member
Posts: 873
Joined: Mon Mar 31, 2008 7:50 pm

Post by gidoc » Tue Oct 26, 2010 12:29 pm

Hi Markie,
That makes sense, thats the answer I was looking for, thanks.

SushMehta- I agree about the PEO bit but you do know that some categories do not have the option of applying in person and need to send in a postal application. Hence UKBA is technically accountable for any procedural delay.
Best Regards

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Tue Oct 26, 2010 12:50 pm

Markie, did you:
1. apply for ILR under the provisions of HSMP JR (settlement) that allows pre-Apr-06 approved HSMP migrants to apply for settlement after 4 years?, and
2. apply sometime / well after the 4 years were over?, and
3. receive backdated ILR (letter) stating that you have been granted settlement on the same date that you completed 4 years in the UK?

In such case, the backdated letter may be a result of a legal requirement rather than UKBA policy.


regards

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