how early can i apply for ILR?

[brian76]

Dear Members,

I and my family (wife and and a kid) are eligible for ILR in september 2011. we are on Tier 1 (switchover from HSMP). we had our HSMP approved under the 3 April 2006 - Nov 2006 rule.
i have few queries.

1. how early can i apply for ILR (can i apply for ILR 2 - 3months prior to my visa expiry) ?

2. we have a 3 months baby (who would be 11 months then in september 2011) whom we intend to send back to india in august during that period because my wife has to prepare for her exams in august-september 2011. will that be a problem to apply for the baby's ILR application. we thought we will courier the passport from india to here in London during the application for ILR ? what is your opinion

3. I guess since we had our HSMP approval under the 3 April 2006 - Nov 2006 rule, we do not need to do the exam of " knowledge of language and life in the United Kingdom test" ?

Your answers to the above is appreciated.

[xyz123]

1- usually one can apply maximum of 28 days before completion of qualifying period.

2- not sure if u can do that.i think the person has to be in country for application to be sent.

3- i think u r correct.

[vinny]

1.

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 (where a fee is charged). However, you must make your application before your current permission to stay in the UK expires.

2.

The How to apply for settlement section lists the categories of migrant who can apply, and explains which application form to use. You must be in the UK when you apply using one of these application forms. The only migrants who can apply for settled status from outside the UK are certain partners and family members of British citizens and settled persons.

3.

4. The High Court’s decision also covered migrant’s who entered the scheme after the Rules change of 3 April 2006 but before the scheme was suspended on 7 November 2006. As such the policy also provides for those who entered the scheme prior to 7 November 2006 to be considered under the ILR rules that were in place at that time. Whilst this group will therefore have to complete five years continuous residence before being eligible for ILR they will not be subject to a knowledge of language and life in the United Kingdom test.