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Early ILR Application approved

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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ilrdone
Newly Registered
Posts: 4
Joined: Wed Oct 10, 2012 6:29 pm

Early ILR Application approved

Post by ilrdone » Wed Oct 10, 2012 6:37 pm

Folks,

My ILR application has been approved, I applied 28 days before 5 years after my visa stamping date, even though UKBA inquiries asked me to apply 28 days before the expiry date of my visa.

First HSMP: 01 Nov 2007
Entry into UK: 30 Nov 2007
Extn granted in 2009 under Tier 1 gen until 30 Nov 2012

When I asked UKBA the earliest date I could apply, they said 28 days before 30 Nov. But an immigration adviser told me I can apply 28 days before my visa stamp date Ie from 4 Oct.

I applied at Croydon PEO on 5 Oct and got approval without any problems.

This may help other people in same situation.

uksettlement
Senior Member
Posts: 734
Joined: Sun Mar 04, 2012 7:07 pm
Location: London
Contact:
India

Post by uksettlement » Wed Oct 10, 2012 7:34 pm

Congrats! However, you didn't really need an immigration advisor to tell you that. 28 days is discussed many times on this forum now :)
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

quentint521
Newly Registered
Posts: 1
Joined: Wed Oct 10, 2012 9:05 pm

normalisation period - ILR

Post by quentint521 » Wed Oct 10, 2012 9:33 pm

@ilrdone

Hi There,
Congrats on the ILR.

So, the total no. of days from the entry till your ILR application is roughly 3 months short of 5 years? Please correct me.. see below..

29 days (01 Nov 2007 - 30 Nov 2007) + 30 days (5 Oct 2012 to 5 Nov 2012) + 25 days (6 Nov 2012 to 30 Nov 2012)

The reason I ask is I have my first extension coming up and am trying to calculate the overall no. of days...for my future references.

PS: Also, Is this because you belong to HSMP not Tier1 ??

@uksettlement
First Tier1: 2 Feb 2011
Entry into UK : 29 Feb 2011

Considering I apply for my first extension not more than 28 days before 2 Feb 2013. Do I need to go for another extension after my 5 years (as I entered 27 days late initially, will that not have a problem??)


Much appreciated ... !!

Cheers

stephenteh
Newly Registered
Posts: 4
Joined: Wed Oct 10, 2012 10:38 pm

Post by stephenteh » Wed Oct 10, 2012 10:43 pm

@ilrdone

Congratulations!

Can I ask you what do you choose in the form SET(O) in Section 3? Did you choose "Highly skilled migrant" or "Tier 1 (General)". I'm almost the same situation likes you with my HSMP granted on 2007 December and extended to Tier 1 (General).

It will be easier to fill up the form if I can choose "Highly skilled migrant" as I can skip the Section 9.

Thanks,

Stephen

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

Post by wpilr_nov12 » Wed Oct 10, 2012 10:50 pm

stephenteh wrote:@ilrdone

Congratulations!

Can I ask you what do you choose in the form SET(O) in Section 3? Did you choose "Highly skilled migrant" or "Tier 1 (General)". I'm almost the same situation likes you with my HSMP granted on 2007 December and extended to Tier 1 (General).

It will be easier to fill up the form if I can choose "Highly skilled migrant" as I can skip the Section 9.

Thanks,

Stephen
In case you are not convinced that you should not choose HSMP, read 135G(i) at http://www.ukba.homeoffice.gov.uk/polic ... les/part5/
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

arifahmmed
Member of Standing
Posts: 374
Joined: Tue Jun 19, 2012 7:02 pm

Post by arifahmmed » Thu Oct 11, 2012 4:00 am

wpilr_nov12 wrote:
In case you are not convinced that you should not choose HSMP, read 135G(i) at http://www.ukba.homeoffice.gov.uk/polic ... les/part5/
Thanks wpilr_nov12. Good point you opened up. My case is
Hsmp EC 10 December 2007
Entry 16 January 2008
Tier 1 switching/ Eextension December 2009
Expire 10 December 2012. I am applying under Tier 1

And so I need to tick 11L which made lots of confusions about the issue
For the period before you were granted leave as a Tier 1 (General) migrant, documents showing that you met
the relevant requirements of the immigration rules.
Is this mean economically active? Do we need to submit 5 year P60 to prove economically active.

However on 245CD

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Requirements for indefinite leave to remain (Tier 1 general migtrant) on section f it clearly said
(f) Where the application is being made under the terms set out in Appendix S, the applicant must be economically active in the UK, in employment or self-employment or both
Appendix S is Those who are highly skilled migrants programme (hsmp) – qualifying for indefinite leave to remain after four years' continuous residence

Does economically active term apply for us because we are on 5 years route.

ilrdone
Newly Registered
Posts: 4
Joined: Wed Oct 10, 2012 6:29 pm

Early Application

Post by ilrdone » Fri Oct 12, 2012 4:04 pm

Hi,

It will depend on the rules at the time, but based on current rules, yes!

You can count 5 years from your visa stamping/entry clearance stamping date, IF you entered UK within90 days of visa stamping date.

This rule applies to both Tier 1 General and HSMP holders as far as I am aware.

z18runway
Senior Member
Posts: 810
Joined: Mon Mar 29, 2010 11:54 pm

Re: Early Application

Post by z18runway » Sat Oct 13, 2012 10:32 pm

ilrdone wrote:Hi,

It will depend on the rules at the time, but based on current rules, yes!

You can count 5 years from your visa stamping/entry clearance stamping date, IF you entered UK within90 days of visa stamping date.

This rule applies to both Tier 1 General and HSMP holders as far as I am aware.
will this rule apply for 10 year long residency as well ?

reddivari
Newly Registered
Posts: 7
Joined: Sun Feb 20, 2011 7:39 pm
Location: UK

Re: Early Application

Post by reddivari » Sat Oct 13, 2012 11:05 pm

z18runway wrote:
ilrdone wrote:Hi,

It will depend on the rules at the time, but based on current rules, yes!

You can count 5 years from your visa stamping/entry clearance stamping date, IF you entered UK within90 days of visa stamping date.

This rule applies to both Tier 1 General and HSMP holders as far as I am aware.
will this rule apply for 10 year long residency as well ?
Will this be applicable for Tier2 as well?

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