Can I apply for ILR 28 days before 5yr thro' Premium Service

[a54i54]

Hello there,
I will complete 5 yrs in the UK in the middle of August 2012. This 5 year (minus 28 days) period is combination of WP + Tier1 + Tier 1 Extension.

My question - What will happen if I apply for ILR 28 days before completion of 5 years through Premium Service at Glasgow.

As I feel that one can apply for ILR only after completion of 5 years. The 28 days prior to completion of 5 years is for postal applications only.

Can somebody please guide or suggest if they have done like this. I have Premium SET(o) appointment tomorrow and I am now really confused.

Please help.

Thanks in advance,
Ash

[cs95tdg]

As I feel that one can apply for ILR only after completion of 5 years. The 28 days prior to completion of 5 years is for postal applications only.

No. If you read the guidance, it clearly states that you can apply upto 28 days before your 5th anniversary if you are a economic migrant. It makes no difference whether you apply by post or in-person at a PEO.

[a54i54]

Thank you so much for your reply, cs95tdg.

Kind regards,
Ash

[Lucapooka]

Dear Sir/Madam,

Thank you for your enquiry.

If you are a work permit holder, the earliest you may submit an application for Indefinite Leave to Remain is up to 28 days before the completion of your 5th year. Please note, if you entered the UK more than 28 days after the start date of your Entry Clearance, you will need to apply for an extension in order to qualify for Indefinite Leave to Remain.

[...]

Yours Faithfully,

Wayne Fairweather
Immigration Group
UK Border Agency



Absolutely no mention this not being permitted at the PEO.

[a54i54]

Thank you Wayne, appreciate your response to my query.

Kind Regards,
Ash

[hani123]

I have also applied for 2nd extension and it is extended till 2014. But I have a query and want to know when can I apply for ILR. My details are:

1. EC Date: 20-Oct-2007
2. Date Entered UK: 28-Nov-2007
3. First Extension till: 20-Oct-2012
4. 2nd Extension till: 10-Jun-2014

I applied for 2nd extension due to some personal situation.

Assuming that all other criteria are met (income, age, criminality, etc.), what would the caseworker base his/her decision on in my case. I have been out of the country on 3 occasions for my annual leave totalling to 89 days.

So can I use the following excerpt from the immigration rule to apply for ILR on/after 08-Sep-2012 (4 years 11 month from date of Entry Clearance)? Or do I wait till 16th Oct 2012 (4 years 11 month from date of Entry), considering that I do have valid leave to remain in the UK?

“In some cases, applicants may have been granted five years continuous leave, but will not have spent five years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years, provided this period was not longer than three months”

Thanks

[cs95tdg]

I have also applied for 2nd extension and it is extended till 2014. But I have a query and want to know when can I apply for ILR. My details are:

1. EC Date: 20-Oct-2007
2. Date Entered UK: 28-Nov-2007
3. First Extension till: 20-Oct-2012
4. 2nd Extension till: 10-Jun-2014

I applied for 2nd extension due to some personal situation.

Assuming that all other criteria are met (income, age, criminality, etc.), what would the caseworker base his/her decision on in my case. I have been out of the country on 3 occasions for my annual leave totalling to 89 days.

So can I use the following excerpt from the immigration rule to apply for ILR on/after 08-Sep-2012 (4 years 11 month from date of Entry Clearance)? Or do I wait till 16th Oct 2012 (4 years 11 month from date of Entry), considering that I do have valid leave to remain in the UK?

“In some cases, applicants may have been granted five years continuous leave, but will not have spent five years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years, provided this period was not longer than three months”

As per my interpretation of this concession, it only applies to those who fall short of the required residency period. Therefore I'd agree with your statement in bold above. Note though that it's not 4 years & 11 months, but 28 days before your 5th anniversary from the date of entry. i.e. 28-Nov-2012 - 28days

[hani123]

Thanks for the response. See below the response from the Home Office, which I just received a while back.


Dear Sir,


I can confirm that provided an applicant for ILR did not delay their entry to the UK by more than 3 months after the start date on their work visa, the period of delay will be disregarded.


In addition to this, caseworkers can disregard other absences from the UK, provided that they were for reasons of either paid annual leave, or for the requirements of their employment; and provided no single absence exceeds 3 months, and the total of all such absences do not exceed 6 months.


In order to qualify for ILR, applicants must also satisfy all other requirements of paragraph 245CD of the immigration rules,.


I trust this answers your questions.

[cs95tdg]

Dear Sir/Madam,

Thank you for your enquiry.

If you are a work permit holder, the earliest you may submit an application for Indefinite Leave to Remain is up to 28 days before the completion of your 5th year. Please note, if you entered the UK more than 28 days after the start date of your Entry Clearance, you will need to apply for an extension in order to qualify for Indefinite Leave to Remain.

[...]

Yours Faithfully,

Wayne Fairweather
Immigration Group
UK Border Agency



Absolutely no mention this not being permitted at the PEO.

On a seperate note, I believe the period of 28days mentioned in blue above is now 3 months according to the revised CW guidance published by the UKBA this year.

[hani123]

Is this for Work permit?

I am here on HSMP/Tier 1. So should the above apply to all category of visa?

[cs95tdg]

Is this for Work permit?

I am here on HSMP/Tier 1. So should the above apply to all category of visa?

Looking at that again, yes the response was to someone on a workpermit who raised the question. Note but the post by Lucapooka, was to highlight that the application need not be submitted by post & that the 28day rule applies to both postal or in-person applications.

Additionally it was a response to the OP "a54i54" & not you.