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10 yrs ILR: "first entry date?" - advice please

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

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vincentjovita
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10 yrs ILR: "first entry date?" - advice please

Post by vincentjovita » Thu Aug 25, 2011 2:14 pm

Hi all,

I have been in the UK for approximately 13 years. I am hoping to apply for 10 yr ILR now instead of 3 years ago because in my first few years, I spent long college summer holidays outside UK, hence if I would have exceeded the 18 months abscence out of UK.

My question is on the 'first entry date' on Q 6.1 SET(O) form.

My understanding is that the date of ANY entry into the UK can be used as the STARTING POINT of an ILR application i.e. I put down a date in Aug 2001 as 'first entry' when I returned to UK after summer holiday....I was on a valid 'leave to remain' which was first given in Sep 1999 when I arrived at the UK airport to start my uni.

Am I being paranoid in thinking now that the 'first entry date' has to be back dated to the one when the initial entry clearance/leave to remain was given e.g. Sep 1999?

Would be really grateful for any advice, especially those with similar previous experience.
Thanks

Regards,
Vince

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Re: 10 yrs ILR: "first entry date?" - advice pleas

Post by xyz123 » Thu Aug 25, 2011 3:38 pm

vincentjovita wrote:Hi all,

I have been in the UK for approximately 13 years. I am hoping to apply for 10 yr ILR now instead of 3 years ago because in my first few years, I spent long college summer holidays outside UK, hence if I would have exceeded the 18 months abscence out of UK.

My question is on the 'first entry date' on Q 6.1 SET(O) form.

My understanding is that the date of ANY entry into the UK can be used as the STARTING POINT of an ILR application i.e. I put down a date in Aug 2001 as 'first entry' when I returned to UK after summer holiday....I was on a valid 'leave to remain' which was first given in Sep 1999 when I arrived at the UK airport to start my uni.

Am I being paranoid in thinking now that the 'first entry date' has to be back dated to the one when the initial entry clearance/leave to remain was given e.g. Sep 1999?

Would be really grateful for any advice, especially those with similar previous experience.
Thanks

Regards,
Vince
You read the first line in section 6.1 but not the second. second line states "This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based." So in my opinion, put the date of entry into UK, after which you think you will complete 10 years.

vincentjovita
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Post by vincentjovita » Thu Aug 25, 2011 4:47 pm

Thanks xyz123

jojobabyb
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Post by jojobabyb » Thu Aug 25, 2011 11:55 pm

I have a similar situation here. I first arrived in the UK in August 2010 which makes me 11 years in the UK now. So should I fill in August 2001? But there's no stamp on my passport in 2001. What should I do?

jojobabyb
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Post by jojobabyb » Thu Aug 25, 2011 11:59 pm

I have a similar situation here. I first arrived in the UK in August 2010 which makes me 11 years in the UK now. So should I fill in August 2001? But there's no stamp on my passport in 2001. What should I do?

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Post by xyz123 » Fri Aug 26, 2011 12:25 pm

jojobabyb wrote:I have a similar situation here. I first arrived in the UK in August 2010 which makes me 11 years in the UK now. So should I fill in August 2001? But there's no stamp on my passport in 2001. What should I do?
Why are u late in applying? if its because u were not eligible a year ago but are now (e.g. too many absences in first year) then put the date when u entered UK and want to start ur 10 year period from.

If it was simply a case of being late with ILR application, put the date in aug 2010.

freesia11
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Post by freesia11 » Sun Aug 28, 2011 5:08 pm

I sent my application recently, I was also a year late (due for ILR in 2010), but on the form I put down my original entry date in 2000 rather than 2001.

I had made a Subject Access Request before applying, and the Home Office actually had a record of my Landing Card that I filled in when I first arrived in Heathrow in 2000, so I didn't see any point in claiming on the form that I first arrived in 2001.

But obviously in the Absences section, I only listed all of my trips from 2011-2001, and ignored 2000-2001 - because the criteria is only for the last 10 years after all.

If you haven't made an Subject Access Request already, I really recommend that you do it. You'll be surprised what information they have (and don't have!) against you.

jojobabyb
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Joined: Tue May 24, 2011 12:35 pm

Post by jojobabyb » Mon Aug 29, 2011 1:08 am

freesia11 wrote:I sent my application recently, I was also a year late (due for ILR in 2010), but on the form I put down my original entry date in 2000 rather than 2001.

I had made a Subject Access Request before applying, and the Home Office actually had a record of my Landing Card that I filled in when I first arrived in Heathrow in 2000, so I didn't see any point in claiming on the form that I first arrived in 2001.

But obviously in the Absences section, I only listed all of my trips from 2011-2001, and ignored 2000-2001 - because the criteria is only for the last 10 years after all.

If you haven't made an Subject Access Request already, I really recommend that you do it. You'll be surprised what information they have (and don't have!) against you.

Many many thanks for your reply. I found it really helpful and I should do the same as yours. Entry date on 2000 and 2001-2011 for the 10 years. When did you send your application? Are you still waiting for it to be approved or have you already got the ILR?

I have made an SAR but still waiting for it. Don't know why it's taking so long. How long have you been waiting for yours?

freesia11
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Post by freesia11 » Tue Sep 06, 2011 8:17 pm

I can't remember exactly, but my SAR took nearly 9-10 weeks. I requested it in mid April and it came sometime in mid June, and then I posted my ILR application in mid July (and I'm still waiting :(

But judging by other posters on this forum, there has been a back-log over the summer, where many UKBA caseworkers were probably on holidays during August. They seem to be speeding up a little now, so cross your fingers and you may see your SAR pack soon.

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