UK Border Agency publishes revised guidance on ILR

eager2learn · Post by **eager2learn** » Mon Feb 14, 2011 6:31 pm

sushdmehta wrote:I believe the allowance applies to WP migrants too - as I have stated before.

regards

I entered UK in 7 March 2006 however my WP visa was granted 12 Feb 2006. My WP was for 1.5 years, after that I changed employers, converted to T2 and now on T1.

So I should be eligible for ILR 28 days less than 12 Feb 2011?

warrenh32 · Post by **warrenh32** » Mon Feb 14, 2011 9:18 pm

sushdmehta wrote:
warrenh32 wrote:2) If so, how then does the '450 days' ruling fit in as per the Border Agency site?
As it says, this is a requirement for naturalisation (citizenship), not settlement (ILR).

What was the reason for absence and what visa did you hold at the time? Have you returned on a new visa or the same?

regards

Thank you for taking the time to reply! I'm a very much technical minded person, but I confess to finding the citizenship vs settlement issue somewhat confusing

1) Reason for absence was at first for my wedding and honeymoon; and then to look after a sick family member (

)
2) Returned on the same Ancestral visa, AND returned to the same employer - I believe that may be to my advantage...

Thanks again.

Post by **geriatrix** » Tue Feb 15, 2011 1:09 am

Looks like you'll have to wait until 2016 (UK Ancestry, page 19).

regards

praksman007 · Post by **praksman007** » Mon Feb 28, 2011 9:47 pm

Hello all,

I am a work permit holder and am new to this forum. My date of work permit visa(stamped in the passport) is 18/12/2006 and expires on 18/12/2011. However, I entered UK on 13/01/2007. As per the revised ILR ruling on continuous period, am I eligible to apply for ILR 28 days before the work permit visa expires(i.e 28 days before 18/12/2011 - which is 20/11/2011) OR 28 days before I entered UK(i.e 28 days before 13/01/2012 - which is 18/12/2011). Please advise.

Thanks

Ksenia · Post by **Ksenia** » Tue Mar 01, 2011 11:30 am

Hello all,

I am a work permit holder and am new to this forum. My date of work permit visa(stamped in the passport) is 18/12/2006 and expires on 18/12/2011. However, I entered UK on 13/01/2007. As per the revised ILR ruling on continuous period, am I eligible to apply for ILR 28 days before the work permit visa expires(i.e 28 days before 18/12/2011 - which is 20/11/2011) OR 28 days before I entered UK(i.e 28 days before 13/01/2012 - which is 18/12/2011). Please advise.

Thanks

I believe you can apply between 16/12/11 and 18/12/11
http://www.timeanddate.com/date/dateadd ... &ad=28&aw=

Son_of_Soil · Post by **Son_of_Soil** » Tue Mar 01, 2011 12:26 pm

Hi all
Does these guidelines say anything about HSMP pre 7th nov 2006 requireemnt for ILR?
regards

rizwan567 · Post by **rizwan567** » Fri Apr 08, 2011 3:37 pm

Sorry if I sound stupid.

According to Page 46 of Immigration Directorate Instructions for Tier 1 Settlement

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

-----------------------------------------------------------------------
2. All other Tier 1 Applications

The specified period of continuous leave for all other Tier 1 applications is 5 years.

2.1 Calculation of the five year period for settlement
When assessing if an applicant has met the criteria for 5 years continuous residence in the UK, short absences abroad, for example for holidays (consistent with annual paid leave) or business trips (consistent with maintaining employment or self-employment in the UK), may be disregarded, provided the applicant has clearly continued to be based here.

2.2 Applications that fall short of the five year continuous period
In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months.

-------------------------------------------------------------------------------
This guide is purely for Tier 1 and not for Tier 2. So how come all of you have concluded that 3 months concession is not applicable on hsmp/tier 1 holders..

Where does it says that this concession is for Tier 2 holders/work permit holders only.

As per my understanding of above paragraph it looks like this concession is valid for Tier 1 as well.

waiting for others to comment..........

Post by **vinny** » Thu Apr 21, 2011 2:53 pm

Instructions have been updated to include other categories.

ZAS · Post by **ZAS** » Sat Apr 23, 2011 4:33 pm

Hi,

My WP was granted for 16 Nov, 06 to 16 Nov 2011 while on student visa in the UK. I switched to tier 1 in 16 Sept 2008 to 16 Sept 2011.

Now I am short of 2 month to 5 years on a work related visa. Do I stand a chance of getting 2 month concession or do I have to apply for 2 month extensions.

I am most grateful to the originator and contributors in this forum. Please help.

Zas [/b][/i]

olawest · Post by **olawest** » Sat Apr 23, 2011 5:48 pm

vinny wrote:Instructions have been updated to include other categories.

Hi Vinny:

How will you interprete this IDI belowin my case:
''
In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months
''
Here is my case:
I got Entry clearance Nov 02 '06
I arrived UK Dec 31 '06
My current leave expires Nov 02 '11

When do you think going by this IDI above will I be eleigible to apply for ILR.

Is 28 days before Nov 02 '11 valid?

or

28 days before Dec 31 '11?

or 3 months before before Dec 31 '11.

Cheers.

Post by **vinny** » Sat Apr 23, 2011 10:52 pm

I think that they have simply made it almost consistent with partners of settled/British citizens who delayed their entry to the UK by up to three months.

You may normally apply for ILR no sooner than 28 days before completing your qualifying period and before your leave expires.

Now, as you arrived within three months, I think you may apply for ILR, by post, from Wednesday, 5 October 2011 and before your leave expires.

tier1extn1 · Post by **tier1extn1** » Sun Apr 24, 2011 10:28 pm

silversurfer wrote:
Any idea whether the same should be applicable for entry granted as a work permit holder?
My status = Work Permit (Entry Clearance) + Tier1 (Extension/Switch)

sushdmehta wrote:
No.

Hi Sush.. can you please refer me to a link wherein it says for those who have switched from WP / Tier2 to Tier1 this rule doesn't apply

Post by **geriatrix** » Mon Apr 25, 2011 1:57 am

tier1extn1 wrote:
silversurfer wrote:
Any idea whether the same should be applicable for entry granted as a work permit holder?
My status = Work Permit (Entry Clearance) + Tier1 (Extension/Switch)

sushdmehta wrote:
No.

Hi Sush.. can you please refer me to a link wherein it says for those who have switched from WP / Tier2 to Tier1 this rule doesn't apply

It did not (apply), at the time when the response was posted (05-Feb-11) ... because the instruction did not exist in the Tier 1 (General) settlement guidance until much later (06-Apr-11).

But, now that the instruction has been included in the Tier 1 settlement guidance (Annex B -> 2.2) and in the ILR - calculating continuous period in the UK, I believe it applies to all immigration categories specified - and also to Tier 2.

jager · Post by **jager** » Tue Apr 26, 2011 9:11 am

Does the new guidance only apply for those who entered more than 28 days after granting of visa, or to all applicants? e.g.

Visa valid from 28-09-06
Entered UK 30-09-06

Eligible to apply (PEO) from 31-08-11 or 2-09-11?

genorp · Post by **genorp** » Tue Apr 26, 2011 9:31 am

It's NOT a way to be able to apply early. Your application time is based on the day you entered. Full stop. You enter and then you have to be here 5 years. If, for whatever reason, you were granted 5 years stay and you entered AFTER the valid date then they have discretion to count the period up to 3 months between validity and entry. That's it. Simples. The system was designed for people to tell them what day they were going to enter and they would make that the validity date but some people didn't do that which would make them short on their 5 years so they give the case worker discretion to use the gap to calculate the time.

zahid.ali.anwar · Post by **zahid.ali.anwar** » Wed Apr 27, 2011 12:02 am

genorp wrote:It's NOT a way to be able to apply early. Your application time is based on the day you entered. Full stop. You enter and then you have to be here 5 years. If, for whatever reason, you were granted 5 years stay and you entered AFTER the valid date then they have discretion to count the period up to 3 months between validity and entry. That's it. Simples. The system was designed for people to tell them what day they were going to enter and they would make that the validity date but some people didn't do that which would make them short on their 5 years so they give the case worker discretion to use the gap to calculate the time.

By DISCRETION you want to say that it is their wish. I mean to say If they wish to give you three month grace they can. If they do not want to give you grace, it is again their wish and will...Seems joke on part of HO. But it is true. I have wrote the same to home office. The reply says the same, that it case worker MAY consider this three month gap. However, we do not guranttee on this.

Law seems to be made like a wax nose. HO can turn where ever they want to.... believe me, for person like me. This situation of MAY BE costing me Â£3000. for one extension and then ILR. with a difference of just 20 days....but I have read the law throughly and found the solution for this....

manyaonisland · Post by **manyaonisland** » Wed May 25, 2011 4:04 pm

genorp wrote:The system was designed for people to tell them what day they were going to enter and they would make that the validity

This is not entirely correct. when i apply for my EC i specifically mentioned the valid from date (there was a question in the form asking from when you wish to have your EC valid or what date you intent to travel) as per my plan and which was at least a month in future but when i got my EC stamped in my passport it was valid from the next day of the day I submitted the application. They simply ignore the valid from date on my form.. who is responsible now that I am falling short of the qualifying period by some days?

manyaonisland · Post by **manyaonisland** » Wed May 25, 2011 4:51 pm

zahid.ali.anwar wrote:but I have read the law throughly and found the solution for this....

we all would be grateful to you if you can enlighten us with the solution that you have found after your research. can you please share the solution with us?

Jay_707 · Post by **Jay_707** » Sat Jul 16, 2011 7:46 pm

Hi there
I am hoping to apply for ILR under 10 year long residence in September 2011.

Initial Entry clearance; 26 Sep 2001
Arrived in the UK; 7 Oct 2001
Current visa expires 26 Sep 2011.

Can I apply before 28 days i.e. between 9 and 26 Sep? or do I have to extend my visa for to cover the period between 26 Sep and 7 Oct?
What happens if I apply before 28 days and they consider my app before 7 Oct (which is very unlikely though), will they refuse it because I haven't completed 10 years?

Please could someone advice.

Thanks
Jay

masterishere · Post by **masterishere** » Mon Aug 15, 2011 4:05 pm

Hi All,

Thank you for your messages. I have applied for my Tier 1 in May 2008 within UK. Just wanted to check if the 3 month Rule is applicable for In Country applicants or is it only for the Out of Country applicants?

I extended my Tier 1 in 2011 march and now has a short fall of 53 days.

Can anyone confirm this please.

Thanks
Sasidhar

antony · Post by **antony** » Mon Oct 17, 2011 9:55 pm

sushdmehta wrote:
tier1extn1 wrote:
silversurfer wrote:
Any idea whether the same should be applicable for entry granted as a work permit holder?
My status = Work Permit (Entry Clearance) + Tier1 (Extension/Switch)

sushdmehta wrote:
No.

Hi Sush.. can you please refer me to a link wherein it says for those who have switched from WP / Tier2 to Tier1 this rule doesn't apply
It did not (apply), at the time when the response was posted (05-Feb-11) ... because the instruction did not exist in the Tier 1 (General) settlement guidance until much later (06-Apr-11).

But, now that the instruction has been included in the Tier 1 settlement guidance (Annex B -> 2.2) and in the ILR - calculating continuous period in the UK, I believe it applies to all immigration categories specified - and also to Tier 2.

Hi Sush,

I was going through the link and would like to clarify my situation.

Original HSMP visa approval = 17/Apr/2007
original Entry to the UK = 28/Jun/2007

Current Tier(1) General visa expiry = 17/Apr/2012

Please can you guide me on this circumstance if i can apply for the ILR as per the current immigration directorate? If I am eligible for applying ILR, do i need to keep the maintenance funds for the last 3 month qualifying period. Also regarding the form to be filled, do i need to use the SET(O) form?

Many thanks
Anto

Post by **geriatrix** » Tue Oct 18, 2011 12:45 am

antony, see FAQs for ILR - WP/Tier 1/Tier 2/HSMP holders for "more up to date" information on the matter (and general ILR guidance).

Immigrationboards.com: Immigration, work visa and work permit discussion board

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