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PEO appointment - 29 days before 5 yrs period advice plz

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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Sal2007
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Posts: 43
Joined: Wed Jun 13, 2012 7:20 pm

PEO appointment - 29 days before 5 yrs period advice plz

Post by Sal2007 » Fri Aug 03, 2012 7:35 pm

Hi Everyone,

A brief history of my leave to remain as below;

WP issued on 14/09/2007
Tier 1 PBS issued on 19/08/2009
Tier 1 PBS expires on 19/08/2012

Based on my visa history my qualifying period would be 14 Sep. 2012.

I tried to get an appointment for 17th Aug 2012 (exact 28 days before qualifying period) at any PEO, unfortunately I could get any. However I manged to get appointment on 16th Aug. 2012 (Solihull) that is 29days before my qualifying period.

I reckon PEO caseworker will ask me to send application by post if I go on 16th Aug. 2012.

Please share your experience if any exceptional experience happened.

I want to travel abroad in coming September.

Your suggestions/advice are most well come.

Regards,

wpilr_nov12
Diamond Member
Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Post by wpilr_nov12 » Fri Aug 03, 2012 7:51 pm

Did you get an entry clearance from your home country after WP or was that an in country switch? When was the EC or new leave granted? If EC, when did you enter?
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

Sal2007
Newbie
Posts: 43
Joined: Wed Jun 13, 2012 7:20 pm

Post by Sal2007 » Fri Aug 03, 2012 7:56 pm

Before WP I was on student visa. I switched to WP in UK.
New leave was granted on 14 Sep. 2009.(Tier 1 PBS for three years)

wpilr_nov12
Diamond Member
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Post by wpilr_nov12 » Fri Aug 03, 2012 8:27 pm

If your WP was issued on 14 sept 07, when did you get a new leave as WP holder?
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Re: PEO appointment - 29 days before 5 yrs period advice plz

Post by cs95tdg » Fri Aug 03, 2012 9:57 pm

Sal2007 wrote:Hi Everyone,

A brief history of my leave to remain as below;

WP issued on 14/09/2007
Tier 1 PBS issued on 19/08/2009
Tier 1 PBS expires on 19/08/2012

Based on my visa history my qualifying period would be 14 Sep. 2012.

I tried to get an appointment for 17th Aug 2012 (exact 28 days before qualifying period) at any PEO, unfortunately I could get any. However I manged to get appointment on 16th Aug. 2012 (Solihull) that is 29days before my qualifying period.

I reckon PEO caseworker will ask me to send application by post if I go on 16th Aug. 2012.

Please share your experience if any exceptional experience happened.

I want to travel abroad in coming September.

Your suggestions/advice are most well come.

Regards,
While the number of days you short fall by is different, the case posted under following topic is similar to yours. Please take a read through. I have given an explanation of why it is necessary to have sufficient leave to remain to cover the 5 year residency period when applying for ILR and that this is seperate from the fact that the UKBA allow you to apply 28 days before your current leave to remain expiry date.
http://www.immigrationboards.com/viewtopic.php?t=109873

Without going into much detail, from what you have stated, I'd say you have a short fall in your leave to remain to satisfy the required 5 years. Therefore you will have to either apply for ILR by post close towards your visa expiry date OR apply for an extension of "leave to remain" to cover the gap before you apply for ILR.

Sal2007
Newbie
Posts: 43
Joined: Wed Jun 13, 2012 7:20 pm

Post by Sal2007 » Fri Aug 03, 2012 10:50 pm

Even I am short of 25 days to reach to 5th anniversary but still I can apply for ILR. My employer has confirmed from UKBA few months ago.

I rang UKBA to get PEO appointment. They told me that the earliest date I can get an appointment is 17th August.(I told them my whole visa history, they calculated dates etc and let me know.)

My problem is appointment with PEO. I could not get any slot on 17th August but I managed to reserve a slot on 16th which is 29 days before my 5th anniversary.

The difference of 1 day strucks down my PEO appointment.

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Post by cs95tdg » Sat Aug 04, 2012 12:12 pm

Sal2007 wrote:Even I am short of 25 days to reach to 5th anniversary but still I can apply for ILR. My employer has confirmed from UKBA few months ago.

I rang UKBA to get PEO appointment. They told me that the earliest date I can get an appointment is 17th August.(I told them my whole visa history, they calculated dates etc and let me know.)
The advice you appear to have got over the UKBA phoneline, does not fall in-line with the Immigration rule (245CD) guidelines that are published on the website (unless there have been some very recent changes in the rules which I'm unaware of). It is strange that you say they took all your immigration history details before giving you that information. The point I don't agree with is that they say you will qualify for ILR without meeting the 5 year residency requirement (& not the point that you are allowed to apply 28 days before current leave to remain expires - which is valid). However I do know that the UKBA telephone helpline staff are known for giving misleading and incorrect information at times. I personally always go by what the immigration rules state.

I will now leave this topic for others to comment.

Sal2007
Newbie
Posts: 43
Joined: Wed Jun 13, 2012 7:20 pm

Post by Sal2007 » Sat Aug 04, 2012 2:44 pm

cs95tdg wrote:
Sal2007 wrote:Even I am short of 25 days to reach to 5th anniversary but still I can apply for ILR. My employer has confirmed from UKBA few months ago.

I rang UKBA to get PEO appointment. They told me that the earliest date I can get an appointment is 17th August.(I told them my whole visa history, they calculated dates etc and let me know.)
The advice you appear to have got over the UKBA phoneline, does not fall in-line with the Immigration rule (245CD) guidelines that are published on the website (unless there have been some very recent changes in the rules which I'm unaware of). It is strange that you say they took all your immigration history details before giving you that information. The point I don't agree with is that they say you will qualify for ILR without meeting the 5 year residency requirement (& not the point that you are allowed to apply 28 days before current leave to remain expires - which is valid). However I do know that the UKBA telephone helpline staff are known for giving misleading and incorrect information at times. I personally always go by what the immigration rules state.

I will now leave this topic for others to comment.




Thanks for your help.

wenner
Junior Member
Posts: 91
Joined: Sun Apr 29, 2012 1:12 pm

Post by wenner » Sun Aug 05, 2012 12:13 pm

Sal2007
Are you still planning on applying using premium service for ILR?.If so, please share your experience.I am 18 days short.I came to a conclusion yesterday that I need to apply either by post or extend my tier 2 leave to remain.I decided to extend my leave to remain under tier 2, just to cover 18 days, then I'll be able to use premium service without being worried sick on the day of appointment.But now that I have read your posts, I am just wondering what you are going to do now?
please share you personal experience.all the best!

Sal2007
Newbie
Posts: 43
Joined: Wed Jun 13, 2012 7:20 pm

Post by Sal2007 » Sun Aug 05, 2012 4:13 pm

wenner wrote:Sal2007
Are you still planning on applying using premium service for ILR?.If so, please share your experience.I am 18 days short.I came to a conclusion yesterday that I need to apply either by post or extend my tier 2 leave to remain.I decided to extend my leave to remain under tier 2, just to cover 18 days, then I'll be able to use premium service without being worried sick on the day of appointment.But now that I have read your posts, I am just wondering what you are going to do now?
please share you personal experience.all the best!
Definitely I will try my best to get a slot on 17th Aug, otherwise will apply by post. I will keep update regarding progress of my application.

wenner
Junior Member
Posts: 91
Joined: Sun Apr 29, 2012 1:12 pm

Post by wenner » Sun Aug 05, 2012 4:35 pm

please do and all the best!!!

Sal2007
Newbie
Posts: 43
Joined: Wed Jun 13, 2012 7:20 pm

Post by Sal2007 » Sun Aug 05, 2012 5:38 pm

wenner wrote:please do and all the best!!!
Thanks

Amber
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Post by Amber » Fri Sep 20, 2013 10:44 pm

Sal2007 wrote:Hi,

A query regarding the earliest date for my wife's ILR.

Dependent visa issued/stamped = 22/02/12
enter into to UK = 06/05/12
visa extension within UK (FLR) as a dependent = 15/08/12
FLR expires = 06/05/2014

She can apply 28 days before which date???

22/02/12 the date visa was issued or 06/05/12 the date she entered into UK.

My apologize if I raised the same question that has already been discussed in any thread before.

Thanks for your help.

Regards,
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Amber
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Post by Amber » Fri Sep 20, 2013 10:56 pm

If her current leave is FLR(M) then from 28 days before 06/05/14, if her leave is a pbs dep then from 06/05/14.
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Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

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