Applied for ILR by post

vijikrish · Post by **vijikrish** » Wed May 31, 2006 10:34 am

John wrote:Vijikrish, hi, I see you have previously posted :-

I posted my application on 1st April saturday as I was qualified on 1st April.
So for you there really was no possible doubt that you would get your ILR, given that you were time-qualified before 3rd April, but nevertheless good that you have receive it.

It is interesting to note just how long these pre-3rd April applications are taking to be dealt with ... nearly two months to hear the result.

Yes, John.. a few of my collgues are still waiting for their passports still..

I was eligible on the 2nd of April (3 years and 28 days) but I had a break of more than 3 months with my work permit expiring during that time. Thatz why I was not very confident.

sams · Post by **sams** » Wed May 31, 2006 11:23 pm

John wrote:
olisun wrote:I still doubt how can it be possible as the applications did not even meet the min 3yrs 11 months requirements...
But did they meet that requirement when the application was actually considered by the person looking at the application? I suspect the answer to that might have been yes, on the "4 years in June" application, but no on the "4 years in May" application. After all those May and June dates might have been merely one day apart, or not much more.

Hi John

I am on work permit and my Visa expires in sep 2007. I finished my 4 years on WP on 29th May 2006.

a) Is there any hope, if I apply for ILR now?

b) I wondered, if HO will approve ILR cases(under old 4 yrs rule), applied after 3rd april by post, they should entertain cases in person as well for same day service, applied before June.

Please advice

Thanks

Post by **John** » Thu Jun 01, 2006 9:22 am

Sams, there might have been some hope you getting ILR if the application had been posted prior to 3rd April, and action taken to slow up its consideration ... by deliberately paying by cheque rather than using a card. No guarantee that would have worked but it might have been worth a try.

However I think it is totally clear, given the application would be posted on or after 3rd April, that a five-year qualifying period applies to you. I fear you cannot apply for ILR until, at the earliest, 1st May 2007 .... 28 days before your 5th anniversary.

Don't get me wrong, I don't agree with the retrospective nature of the change, but nevertheless I think it is very clear what the change to the immigration rules means in practice.

pluto · Post by **pluto** » Thu Jun 01, 2006 10:13 am

John

I also feel the same.

However why do CL's firm advertise on the' Huashang' News paper to say people in the same situation as Sams should send their application in before JUNE?

Acturally another law firm also advertise the same...

I wonder why??

Post by **John** » Thu Jun 01, 2006 10:44 am

I wonder why??

I wonder too. As you are probably aware certain groups have or will start legal action against the Government about the retrospective nature of the change to the immigration rules. Are they thinking that getting an application in, albeit an application that IND is bound to reject at the current time, will somehow give better rights if such Court action is won?

That is only an opinion. Other opinions very welcome.

pluto · Post by **pluto** » Thu Jun 01, 2006 10:48 am

John

This seems to be a reasonable guess

It might be a bit cruel for that applicant though, considering the money, time and emotional input

Also I wonder if the application get rejected, whether this will affect the next one? - I heard that the passport will be marked if the IRL application is rejected??

sams · Post by **sams** » Thu Jun 01, 2006 7:44 pm

John wrote:Sams, there might have been some hope you getting ILR if the application had been posted prior to 3rd April, and action taken to slow up its consideration ... by deliberately paying by cheque rather than using a card. No guarantee that would have worked but it might have been worth a try.

However I think it is totally clear, given the application would be posted on or after 3rd April, that a five-year qualifying period applies to you. I fear you cannot apply for ILR until, at the earliest, 1st May 2007 .... 28 days before your 5th anniversary.

Don't get me wrong, I don't agree with the retrospective nature of the change, but nevertheless I think it is very clear what the change to the immigration rules means in practice.

Thanks John

I wondered why CL's firm & other lawyer insisted people like me to apply by post only!
If anyone will apply in person for same day service, they will get decison on the same day. Has anyone, after reading the posts regarding 'old 4 year rule before June' has applied for same day service?

Post by **John** » Thu Jun 01, 2006 8:26 pm

I wondered why CL's firm & other lawyer insisted people like me to apply by post only!

Can someone you has seen these adverts give them a ring and ask? I am genuinely puzzled by this.

sowhat · Post by **sowhat** » Thu Jun 01, 2006 11:59 pm

John wrote:
I wonder why??
I wonder too. As you are probably aware certain groups have or will start legal action against the Government about the retrospective nature of the change to the immigration rules. Are they thinking that getting an application in, albeit an application that IND is bound to reject at the current time, will somehow give better rights if such Court action is won?

That is only an opinion. Other opinions very welcome.

it is roughly what I was told. If by any chance the retrospective nature of the changes is overthrown, then the Government may decide to grant ILR only to those who applied for it despite the new rules assuming that those who applied for an extension of their visas are happy to wait another year.

christos · Post by **christos** » Thu Jun 08, 2006 11:05 am

Has anyone been successful in trying the 4yr ILR rule even though they were not eligible before the changes...I am due now under 4yr rule and am thinking of heading to Croydon with £500 to give it a go...

supertiger · Post by **supertiger** » Thu Jun 08, 2006 11:18 am

christos wrote:Has anyone been successful in trying the 4yr ILR rule even though they were not eligibe before the changes...I am due now under 4yr rule and am thinking of heading to Croydon with £500 to give it a go...

according to those advertised solicitors, same day service will definitely be rejected but postal applications may be considered... I don;t understand the principle and completely don;t know what's happening in HO.

Dawie · Post by **Dawie** » Thu Jun 08, 2006 2:48 pm

Has anyone been successful in trying the 4yr ILR rule even though they were not eligible before the changes...I am due now under 4yr rule and am thinking of heading to Croydon with £500 to give it a go...

You won't even get past the guy on the ground floor who checks your application before allowing you to proceed to the first floor for payment.

sowhat · Post by **sowhat** » Fri Jun 09, 2006 11:08 am

I have received a letter from HO regarding my application for ILR I submitted in May. They explained the new rules and suggested that I should change my application to FLR. As they wrote:

You should complete the attached 'confirmation' slip to either request that the application be varied in this way [from ILR to FLR], or to confirm that you do not wish to vary this application. Please note, should you choose not to vary this application, it will be considered in the usual way and is likely to fall for refusal, as the qualifying period has not been completed.

Dawie · Post by **Dawie** » Fri Jun 09, 2006 11:11 am

Are you really that surprised? Why did you bother when quite clearly you didn't make the cut-off point?

sowhat · Post by **sowhat** » Fri Jun 09, 2006 11:19 am

Dawie wrote:Are you really that surprised? Why did you bother when quite clearly you didn't make the cut-off point?

no, I am not surprised at all. I just followed advice given me by David Ho from Chritian Lee's team.

rooi_ding · Post by **rooi_ding** » Fri Jun 09, 2006 11:39 am

Dawie

Let the positive comments rain forth........ if you have ILR then you know how important it is for some one to get it if you do not have it then you should know how it feels when you are trying to get it. If "sowhat" chose to take a chance then he knew the risk do not be so presumptuous to think that you are intelligent enough to make decisions for other people no one should do this choice belongs only to the person making it. I would suggest (and of course this is my own opinion) that next time you give some thought to your choice use of words. Just like I have thought about mine.

andhraguy · Post by **andhraguy** » Fri Jun 09, 2006 2:12 pm

Hi ,

I can understand the ILR applications being rejected if applied after 3rd april ( Having completed only 4 years). Are there any rejections for the people who has applied before 3rd April by post ( Again , having completed 4 years or few days/weeks shorter to 4 years??

or Is it that everyone applied before 3rd april got their decision or still anyone waiting out there?

Appreciate your inputs.

Thanks,
AndhraGuy

ediburghlily · Post by **ediburghlily** » Mon Jun 12, 2006 11:20 pm

Hi,

I posted my materials just before 3rd April, but util now I haven't yet get back my passport except the receipt of the payment.

I'm always very worried about my passpaort because I can't leave to anywhere just feel I lost my freedom!

Last friday I phoned HO and aomebody just told me my case is still under consideration. Oh, my god, 2 months!

I feel so bad and i'm not sure about waht's going on, afraid of wasting my time and feeling.

northmain112 · Post by **northmain112** » Mon Jun 12, 2006 11:33 pm

No, I had applied before April 03rd by post with cheque payment but yet got the ILR rejection last week. Although, I had given it a long shot, since I would have completed the 4 years today infact, on June the 12th. Anyway, They have mentioned on their letter that I cannot appeal their decision since I have leave to remain until 2008, and also.... oopsy daisy.... I haven't completed 5 years as per their rules. So blimey, as someone had said, I have actually given the fees as a gift to them.

ediburghlily · Post by **ediburghlily** » Tue Jun 13, 2006 9:44 am

“Anyway, They have mentioned on their letter that I cannot appeal their decision since I have leave to remain until 2008, and also.... oopsy daisy”

I really can't understand why until 2008?

Post by **John** » Tue Jun 13, 2006 9:50 am

I had applied before April 03rd by post with cheque payment but yet got the ILR rejection last week. Although, I had given it a long shot, since I would have completed the 4 years today infact, on June the 12th.

As you say, that was a bit of a long shot. There was never any guarantee that applying for ILR prior to 03.04.06 was going to work, and regretfully it did not work for you. A 12th June date for 4 years was always going to be problematic, whereas a number of people completing their 4 years in April or even May have succeeded where the application went in prior to 03.04.06.

Again, sorry it did not work out for you. But surely you are eligible to apply for your ILR in the latter half of May 2007 .... not 2008?

andhraguy · Post by **andhraguy** » Tue Jun 13, 2006 7:34 pm

northmain112 wrote: I would have completed the 4 years today infact, on June the 12th.

Mate, Have you completed 4 years on June the 12th ( or is it 28 days less than 4 years)..

ediburghlily · Post by **ediburghlily** » Wed Jun 14, 2006 9:52 am

This morning i just got my "residence permit"!

i posted it on 31st, march and normally until 8th june i have been in uk for 4 years.

i just want to try and bet but i passed.

hope my experience is useful for others.

Post by **John** » Wed Jun 14, 2006 10:20 am

Congratulations ediburghlily, glad it all worked out for you.

Naturalisation your next move? Have you started to study for the Citizenship Test?

V4VENDETTA · Post by **V4VENDETTA** » Wed Jun 14, 2006 12:24 pm

This morning i just got my "residence permit"!

i posted it on 31st, march and normally until 8th june i have been in uk for 4 years.

i just want to try and bet but i passed.

hope my experience is useful for others.

Hi, Are you saying that on the 8th of June 2006 you completed 4 years exactly?

Well done. I wish I had your luck.

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Applied for ILR by post