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ILR When To Apply

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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sapeyuk
Newbie
Posts: 48
Joined: Wed Feb 08, 2012 11:45 am

ILR When To Apply

Post by sapeyuk » Wed Feb 08, 2012 12:21 pm

Hi Everyone,

Please excuse me for asking a question that has been asked before but I am a bit confused now.

My HSMP visa started on july 4th 2007 and I entered UK on july 30th 2007. Now :


- Should I apply 28 days before July 4th or July 30th ?


I called HO twice and got a different answer each time ! first one told me to apply 28 days before the anniversary of entrance date which is July 2nd, second one said I can apply 28 days before my visa expiry date which means June 6th because of 3 months grace period.

When I told her that her colleague gave me a different answer, she said she is sure about this matter as she was advised about it a few times and it is the new rule.

I do not know what to do now !

- 28 days before the day I entered UK would be July 2nd 2012 and my visa expires on July 4th. I am planning to apply in person, so if my case will be rejected the first time for any reason and I want to apply again or appeal, what will my visa status be ? I can not get a visa extension in just 2 days. Should I apply for FLR now or wait and see what will happen ?

Many thanks,
Sa pey

dec03ec
Newbie
Posts: 32
Joined: Sun Dec 09, 2007 4:32 pm

Re: ILR When To Apply

Post by dec03ec » Wed Feb 08, 2012 1:11 pm

sapeyuk wrote:Hi Everyone,

Please excuse me for asking a question that has been asked before but I am a bit confused now.

My HSMP visa started on july 4th 2007 and I entered UK on july 30th 2007. Now :


- Should I apply 28 days before July 4th or July 30th ?


I called HO twice and got a different answer each time ! first one told me to apply 28 days before the anniversary of entrance date which is July 2nd, second one said I can apply 28 days before my visa expiry date which means June 6th because of 3 months grace period.

When I told her that her colleague gave me a different answer, she said she is sure about this matter as she was advised about it a few times and it is the new rule.

I do not know what to do now !

- 28 days before the day I entered UK would be July 2nd 2012 and my visa expires on July 4th. I am planning to apply in person, so if my case will be rejected the first time for any reason and I want to apply again or appeal, what will my visa status be ? I can not get a visa extension in just 2 days. Should I apply for FLR now or wait and see what will happen ?

Many thanks,
Sa pey
I am in the same boat. the ilr policy doc says the duration between the visa issue date and date of travelling may be considered as part of 5 years if its under 90 days.

So its ok to apply 28 days before july 4th. This is just my personal opinion, Have also posted similar query yesterday, dint get a definite answer.

I feel its too risk if you go for ilr on july 2nd, as you will not have time to apply again, if it gets rejected.

nk_se
Newly Registered
Posts: 10
Joined: Tue Feb 07, 2012 6:23 pm
Location: London

Re: ILR When To Apply

Post by nk_se » Wed Feb 08, 2012 1:35 pm

sapeyuk,
I'm going to a PEO on next Monday (13th Feb), I will try to ask from my caseworker if he/she was nice.

sapeyuk
Newbie
Posts: 48
Joined: Wed Feb 08, 2012 11:45 am

Post by sapeyuk » Wed Feb 08, 2012 1:58 pm

Dec03ec,

Thanks for your reply. Yes it would be too much of a risk to apply on July 2nd but then they may not let me apply on June 6th. I hope someone can shed a light on this matter, someone who has applied successfully 28 days before the visa expiry date.


Nk_se,

Thanks for your reply. It would be great if you could ask and if your caseworker answers. Looking forward to your next reply and good luck on Feb 13th.

mailppk
Newbie
Posts: 36
Joined: Sun Mar 22, 2009 8:19 pm

Post by mailppk » Wed Feb 08, 2012 3:45 pm


sapeyuk
Newbie
Posts: 48
Joined: Wed Feb 08, 2012 11:45 am

Post by sapeyuk » Wed Feb 08, 2012 4:32 pm

Mailppk,

Thank you so much for the link you shared. It clarifies everything. I can apply on June 6th or after then. Great :)

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