When to apply for ILR?

[wk_hsmp06]

Hi,

I need to confirm when should I apply for my ILR. Following are my details

Entry Clearance: 14 Nov 2006 - 14 Nov 2007 ( 1 year)
Entered into UK : 11 Feb 2007 (88 Days after EC)
Extension: 14 Nov 2007 - 14 Nov 2011 ( 4 Years)
Visa Correction: Upto 11 Feb 2012 (corrected in March 2011). As covered by HSMP JR

So I need your input

Can I apply 28 Days before 14th Nov 2011 for my ILR as new provision is given to CW and they can consider Entry Clearance date for five year residence? As I can see some people are getting ILR according to their date of Entry Clearance. like

http://www.immigrationboards.com/viewtopic.php?t=85194

Also let me know who should I contact to get it confirmed that whether I can apply before 28 days of my Entry clearance date? Should I write an email to UKBA then please let me know the email address or should I call to book an appointment and asked them whether I can apply for my ILR before 28 days of Entry Clearance.

Need your input guys and thanks for your help.

[geriatrix]

Can I apply 28 Days before 14th Nov 2011 for my ILR as new provision is given to CW and they can consider Entry Clearance date for five year residence? As I can see some people are getting ILR according to their date of Entry Clearance. like

http://www.immigrationboards.com/viewtopic.php?t=85194

Perhaps, if the caseworker assigned to your application interprets the concession in the same way as the caseworker who approved the application you refer to (linked post).
Perhaps not, if the caseworker interprets the concession exactly in the way it is written in the IDI.

IMHO, if the concession is to be interpreted in the way you or the caseworker in question do then instead of the stated concession UKBA should / would have simply stated that:
1. All migrants become eligible for settlement 3 months before their 5th anniversary of entry (or 2nd anniversary when in UK under spouse route), or
2. The ILR clock starts from date of issue of entry clearance rather than the date of entry into the UK, and one may apply for settlement 28 days before the 5th / 2nd anniversary of entry clearance issue date.

I believe there is a reason that UKBA has made no such mention anywhere - because these don't apply!

If someone got lucky due to caseworker's ignorance / misinterpretation of rules, it doesn't necessarily mean that you'll too. Your risk, your money, your choice!

[geriatrix]

Hi Guys,

Let me give you the history of my case

Entry Clearance : 14 Nov 2006 - 14 Nov 2007
Entered UK : 11 Feb 2007
Extention : 14 Nov 2007 - 14 Nov 2011
Date Corretion : 14 Nov 2007 - 11 Feb 2012

I have called home office yesterday and asked them when can I apply for ILR by telling them my details. They have said you can apply for ILR 28 days before your date of entry if you came within 90 days. I told them I came in 88 days and they said this should be fine.

I also informed them that I applied for my visa correction in march under HSMP JR and now extended upto 11 Feb 2012 still I can apply using my date of entry clearance. They said it should be fine.

I rang them again to booked the appointment. Surprisingly they have given me the early appointment for next week at 16th November at Croydon PEO. The same lady picked the phone and during the discussion she was saying well see if your case is straightforward or not as you mentioned about the visa correction.

My question is what will happen if your case is not straightforward will it rejected instantly? Just to clear I have five year p60's and 120 days absence so I belive my case is starightforward. Please advise.

Unfortunately, today I checked the days difference from dateandTime.com and it is giving me 90 days 2 Months 29 days (if I include 11th Feb as well). I am bit worried now that What should I do.
Do you think that 90 days will be considered by CW and they can use their discretion. I checked the policy document it says no more than three months can be considred for date of Entry. Please advise.

What will happen if CW dont use its discretion? Will they defer the case or will they refuse the case?

Do I have to pay again if they refuse the case as I believe in croydon they take payment first? Do they check eligiblity in intital cheking or it is checked by the CW? Please confirm

Regarding my bank statement I dont have bank statements for last three months as I normally received statement quartelry. I have applied for the statements but it will take 10 working days which will arrive after my appointment. I have visisted the bank and they are saying bring the online printed statement and we will stamp them but not singed them. Also they are willing to give me a lettter for my last statement. Do you think that only stamped statement will be enough? Please advise

Guys, please let me know should I go ahead with the appointemtn or cancell it.

Is it possible to change the PEO now, I can go to Solihull atleaset they will not take the payment first.Please advise

Thanks a lot for your help.

[geriatrix]

Ask yourself some simple questions -
1. Why are migrants, who have been granted sufficient leave to enable them to become eligible for settlement (e.g. - 24 or 27 months to those who apply for settlement visa as spouse of a settled person / British citizen, or 1+4 or 2+3 years to economic migrants) required that they do not apply for settlement no earlier than 28 days before the day they complete the required "qualifying residential period" for settlement?
2. Why doesn't UKBA state that all migrants, across the board, can apply for settlement from 28 days before the date of issue of entry clearance?
3. Why does the policy guidance state (very clearly) that the concession that you wish to take advantage of applies only to those who have not been issued leave that is sufficient to cover the required qualifying residential period (i.e.- 5 years)?

A response to whether you should apply or not will be based on the person's understanding of the rules and their interpretation. I have (re)stated my opinion and there may be others who will have a different opinion. Either way, the bottomline is - it is a risk that you need to take a call on. If the caseworker assigned to your application interprets the rules and policy guidance as I do, he will refuse your application. On the other hand, if the caseworker interprets the rules and policy the way you do, your application will be successful. But would a successful application (or a refusal) represent the "accurate interpretation of the rules and policy" is anyone's guess - depending on which school of thought one belongs to.

At Croydon:
1. One needs to pay for the application before it is seen and assessed by a "caseworker".
2. Your application will be initially screened by a UKBA staff, who based on his own interpretation will advise you whether your application is valid or not and whether you meet the requirements or not on the day. If he tells you that you do not meet the requirements, it will be your choice whether to not submit the application or pay for the application and take your chances with the caseworker.
3. No one can tell you how the caseworker assigned to your application will interpret the policy concession that you are relying on, and whether he will grant you settlement or refuse your application on the day or defer it for further clarity on the matter (or for other issues as well).

If you wish to apply at Solihull, you'll need to cancel this appointment and book one for Solihull on a day for which appointments are available.

[wk_hsmp06]

First of all thanks to moderators and other members of the forum for their help.
I had cancelled the appointment @ croydon. Luckily I got an early appointment @ solihull. Went there yesterday, after 10 mins got the confirmation for ilr. Will post the details later.

No question was asked about calculation of five years.

Document asked were
App form
Hsmp approval letter as cw could not find my details.
3 sal slips
Bank statement
Employer letter
Photographs

No cohabstation docs were asked.


This forum is wonderful.[/b]