ILR success - Croydon PEO 6 June 2012

[sammi]

Another report of successful ILR at Croydon PEO for me and one dependent (unmarried same sex partner).

Process was very smooth and as described by others on the forum. Our form was checked, payment taken, biometrics done, before seeing the caseworker who took originals and copies of our documents before calling us back up for the decision. Our appointment was for 8am and we had our letters confirming ILR in our hands at 10:30am.

History: 2 years HSMP (not JR) + 3 years Tier 1

Documents asked for:

Form SET(O)
Passport + partner passport (past passports were not asked for)
Life in the UK certificates
12 months payslips
12 months bank statements
Most recent P60
Letter from employer for 430 days absences in short trips
Passport photos

For cohabitation, we were asked for a document from 2010, 2011 and 2012. We gave council tax, leases and utility bills with joint names. We had a lot more documents with us but they were not asked for.

We took copies of all documents to make life easier for UKBA.

Partner only had a few months on a partner visa, prior to that he had WP. Proving you do not need to spend the full 2 year probationary period on a partner visa, you only need to have lived together for 2 years in the UK, and be on a partner visa at time of application.

Also took advantage of 28 day + 3 month rule. Original HSMP LTE sticker dated 02/07/2007, first entry 12/07/2007, current Tier 1 expiring 1/07/2012. We applied 38 days short of 5 years.

We took copies of the guidance and immigration law but they were not required.

BRP was delivered by courier 8 June (<48 hours after PEO appointment!).

[Oxford]

Congratulations Sammi,


Just want to ask one questions, Please answer this if you can?

I entered in UK on Tier 1 General in Oct 2009. I got married with British national in April 2010. I didn't change my Tier 1 General Visa Until Feb 2012. Finally I have changed my Tier 1 general Visa to 2 Year Spouse Visa in March 2012.

My Question is when I am eligible to apply for ILR??


Thank You in Advance

[fahadz1]

what is 28 day + 3 month rule ??? please explain how come you applied 38 days before ?

[push]

what is 28 day + 3 month rule ??? please explain how come you applied 38 days before ?

As per the modernised guidance, if one enters within 3 months of the EC date, then for the purposes of calculating the 5-year qualifying period, the time between the EC date and actual entry in UK may be disregarded if the current leave expires before the applicant can complete the qualifying period in UK. In addition, one can apply 28 days before the current leave expires. OP entered UK 10 days after the EC date, but benefitted from the above and applied 28+10=38 days before he would have physically spent 5 years in UK.

[geriatrix]

The OP is lucky that the CW did not refuse to assess the application because technically the concession is not applicable in this case. The OP had enough leave to apply within the 28 days window before the 5th anniversary of his/her entry in the UK (i.e. - 15-Jun to 01-Jul).

[push]

The OP is lucky that the CW did not refuse to assess the application because technically the concession is not applicable in this case. The OP had enough leave to apply within the 28 days window before the 5th anniversary of his/her entry in the UK (i.e. - 15-Jun to 01-Jul).

I would dispute that (with due respect) as it negates the benefit that the modernised guidance affords to the applicants. If we consider an example of two applicants who got EC on the same date but one entered say 10 days after EC (just like OP) and the other one entered say 60 days after EC, are we suggesting that the applicant who entered 50 days later than OP will be eligible to apply earlier than OP?

There are two things to consider here: (1) Whether or not an applicant has completed the Qualifying Period when he applies for ILR - this is determined by the modernised guidance referred above; and (2) When can he apply - this is clearly specified here:

Applicants who need to meet a qualifying period for indefinite leave should not apply for further leave until they are within 28 days of completing the relevant qualifying period. This allows them to meet any required qualification periods for the continuous leave requirement. This is not a mandatory requirement of paragraph 34 of the Immigration Rules and you must not reject an application as invalid if the applicant submits it more than 28 days before they have completed the relevant qualifying period. For more information on applications for indefinite leave that have been submitted early, see related link: Early ILR applications.

In fact the caseworker guidance (text highlighted in bold) is quite interesting. Unfortunately the related link is not accessible.

[singhmohit]

Oh boy! discussions... huh!
Regardsless, congrats to Sammi...