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Earliest date for ILR application?

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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cheng1978
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Earliest date for ILR application?

Post by cheng1978 » Fri Oct 12, 2012 10:36 am

Hi all,

Been a long time trawler on this forum...but now it's almost time for me and my partner's joint ILR application. Currently we are on Tier 1 (General) visas due to expire on 16 Jan 2013, with me being the dependant.

Just wanted to get some opinions on when is the earliest date we can actually lodge our joint application?

Our situation:

(1) Initial Entry Clearance granted for 16 Jan 2008. We arrived in the UK on 11 Feb 2008 via HSMP (me as dependant).

(2) Switched over to Tier 1 (General) in mid 2009.

So if we take the usual rule of 28 days before our 5 year anniversary of entering the UK...the earliest date we can apply would be 14 Jan 2013. This is 2 days before our Tier 1 expires and we really don't feel comfortable cutting it so close.

On the other hand, if we used our Entry Clearance grant date of 16 Jan 2008 and that we entered the UK within 90 days of that. Then the earliest we can apply would be 19 Dec 2013.

Would really appreciate your thoughts on this...thanks in advance!

Lucapooka
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Post by Lucapooka » Fri Oct 12, 2012 10:42 am

Apply from 19 Dec.

ilrdone
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Early Application

Post by ilrdone » Fri Oct 12, 2012 3:54 pm

Hi,

I was in a similar situation, and I applied 28 days before the 5 years FROM the date of visa stamping. I had entered the UK 30 days after my visa stamping date.

I got ILR without any issues. So you are alright applying on 19 Dec, no problems at all!

reddivari
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Re: Early Application

Post by reddivari » Fri Oct 12, 2012 9:34 pm

ilrdone wrote:Hi,

I was in a similar situation, and I applied 28 days before the 5 years FROM the date of visa stamping. I had entered the UK 30 days after my visa stamping date.

I got ILR without any issues. So you are alright applying on 19 Dec, no problems at all!
Does this (dat of VISA stamping date) applicable to Tier (General) as well or is it applicable for Tier1 only?

geriatrix
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Re: Early Application

Post by geriatrix » Fri Oct 12, 2012 9:37 pm

reddivari wrote:Does this (dat of VISA stamping date) applicable to Tier (General) as well or is it applicable for Tier1 only?
What is Tier (General)?
Life isn't fair, but you can be!

reddivari
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Re: Early Application

Post by reddivari » Fri Oct 12, 2012 9:42 pm

sushdmehta wrote:
reddivari wrote:Does this (dat of VISA stamping date) applicable to Tier (General) as well or is it applicable for Tier1 only?
What is Tier (General)?
Apologies. Tier2 general.

Got Work permit on 20th Dec 2007
Entered into UK on 5th Jan 2008
Extension applied under Tier2 ICT as WP is no longer exists and got the extension until 14th Dec 2012
Received new CoS for Tier2 General
Went to India for Tier2 general stamping and came back in a month
Returned on 17th Oct 2011
Since then in Tier2 General and valid until 2014

Question is, I am finishing 5 years by 4th Jan 2013. 28 days before that is 22nd Dec 2012. Should I apply on 22nd Dec 2012 or can I take my initial VISA approval date of 20th Dec 2008 and can I book the appointment for 22nd Nov 2012?

Thanks in advance!!!

geriatrix
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Post by geriatrix » Fri Oct 12, 2012 9:49 pm

Read Q5
Life isn't fair, but you can be!

reddivari
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Post by reddivari » Fri Oct 12, 2012 9:55 pm

sushdmehta wrote:Read Q5
Thank you sushdmehta. That was very useful. It is very clear from your message that I have to wait until 10th Dec 2012 (which is initial entry date - 28 days).

cheng1978
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Post by cheng1978 » Fri Oct 12, 2012 10:36 pm

Thanks for your advise and sharing your success story. I feel more at ease now applying on th 19 Dec.

reddivari
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Post by reddivari » Sat Oct 13, 2012 1:40 pm

cheng1978 wrote:Thanks for your advise and sharing your success story. I feel more at ease now applying on th 19 Dec.
Hello Sushdmehta,
I am not able to locate the note that was specified in Q5 in any of the UKBA documents. Willl you be able to direct me to the relevant UKBA document please?

Regards
Reddivari

geriatrix
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Post by geriatrix » Sat Oct 13, 2012 2:35 pm

The links to the relevant documents are already provided in the answer to Q5.
Life isn't fair, but you can be!

reddivari
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Post by reddivari » Sat Oct 13, 2012 3:38 pm

sushdmehta wrote:The links to the relevant documents are already provided in the answer to Q5.
Sushdmehta, Apologies for being so thick. I have read all the 3 links provided in Q5 and I couldn't get the note related matter that was mentioned in Q5.

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