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ILR: 10 year continuours OR 5 year Tier 1

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

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imran22
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Posts: 276
Joined: Tue Oct 13, 2009 11:59 am

ILR: 10 year continuours OR 5 year Tier 1

Post by imran22 » Wed Jun 29, 2011 9:52 am

Hello Members,

I have a question on which route to select for applying for ILR.

My eligibility to ILR based on 10 year continuous stay is 5th August, 2012 and based on Tier 1 – General its 14th October, 2012.

Can the honorable members suggest whether I should go for 10 year continuous or through Tier 1 – General approach?

I have 2 dependents as well living with me in UK.

Also can you please suggest when is the good time to sit the KOL test keeping in mind the dates for my eligibility?

Thanks in advance

vinny
Moderator
Posts: 32964
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Jun 29, 2011 10:15 am

May be better via Tier 1, if you can include eligible dependants.
Take the KOL test as soon as you're ready.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

imran22
Member of Standing
Posts: 276
Joined: Tue Oct 13, 2009 11:59 am

Post by imran22 » Wed Jun 29, 2011 11:34 am

Thanks for your reply.

Is there any expiry of KOL test? I am hoping not because you suggested to take it whenever i am ready. (I haven't even bought the book yet but still more than year to go)

Do you know how long on average it takes for ILR long residence (10 years) to get approved as you can only apply through post. If it is noramlly 4 weeks as with other visa types is it not worth applying through long residence first and then apply the visa for dependents later?

vinny
Moderator
Posts: 32964
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Jun 29, 2011 12:54 pm

No expiry date for KOL test.
See also 10 years long residence SET (O) waiting times
Dependants may have to wait longer for ILR.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

imran22
Member of Standing
Posts: 276
Joined: Tue Oct 13, 2009 11:59 am

Post by imran22 » Wed Jun 29, 2011 1:18 pm

Many thanks vinny

Can I ask you two more questions

I would prefer same day service how early i should start looking for appointments?

I assume my wife also has to give KOL as she is between 18 and 65 years old.

vinny
Moderator
Posts: 32964
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Jun 29, 2011 2:57 pm

Same day service is not possible for ILR under Long Residence (34B(i)(f)).
Wife should also satisfy KOL requirements, if applying for ILR.
Wife should also satisfy A1 requirements, if applying for FLR(M).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

imran22
Member of Standing
Posts: 276
Joined: Tue Oct 13, 2009 11:59 am

Post by imran22 » Wed Jun 29, 2011 5:26 pm

Hi Vinny,

Thanks again for your reply.

I read on the UKBA website that same day service is not available for Long Residence and my question was referring to if I go with your advice and apply based on Tier – 1 basis, then how long before my eligibility I can start looking for appointments. Is it 4 weeks? I remember when I was renewing my Tier 1 it was nearly impossible to get appointments online, is it still the case?

Regarding the second question my wife is on Tier – 1 dependent visa and is in UK already. She will be applying again as my dependent in my ILR application next year, so only KOL test should be fine, isn’t it?

Many thanks for your replies

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