Counting 28 days for ILR

[geriatrix]

Just as in any other case, only two things can happen - either your application will be granted or (since you are going to a PEO) the caseworker will ask you to apply later i.e. - no earlier than 28 days before expiry of your current leave.

[pragneshmpatel]

Hi When booking for PEO it is asking for "Given Name" as per passport.
do i need to include middle name as well?

My second question about cohabitation proof. I am missing proof for my previous address 1 year older.
I have only bank statement from 3 different banks + Tier 1 General extension letter from UKBA for my previous address. will that be enough? as i wont be able to get any other document for previous address.
i can submit birth certificate of my recent born daughter

And is they don't accept above document then what will happen? Do they refuse visa for only my wife?

[pragneshmpatel]

Hey sushdmehta/Guru Please can you reply to my last questions?

[CSREDDY25]

I booked the PEO appointment on 30th August 2013 at Croydon for ILR as a Tier1 Gen Migrant. I booked this appointment afte going through the forum and making several queries and after going through the Page 21 of continous period of stay guidance.

But now very confused after going through this thread, If I have booked the right appointment within 28 days of qualifying period.??.

Could you please kindly advise me as per my dates below.

Initial Visa stamped : 21/09/2008.

Date Entered UK: 12/10/2008 ( within 90 days)

Current visa valid until 04/10/2013.

I have booked the appointment calculating 28 days prior to 5th anniversary of visa stamp date .

Very short time left if I need to change the date..please kindly advise me..very much appreciate your help.

[Amber]

That's ok as per pg 21 of the guidance.

[msvayani]

Apply no earlier than 28 days before 25/10/13 and no later than 25/10/13.

Hi Sushdmehta - I was under the impression from reading the FAQs and guidance that ILR clock starts on day you enter UK on the qualifying visa, so in pragneshmpatel's case shouldn't it be not earlier than 28 before 18/11/13?

See page 21 of the PBS ILR guidance (click)

The period between entry clearance being issued and the applicant entering the UK may be
counted toward the qualifying period, as long as it does not exceed 90 days. This can occur
if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed
90 days, it will not be counted as an absence

Hi

Is this 90 days rule between entery clearance and date person entered in UK relevant only for PBS route or Is it available for ILR under 10 LR.

Regards

[CSREDDY25]

That's ok as per pg 21 of the guidance.

Thanks Amber for clarifying.

I am slightly confused as per the following sushdmehta post saying CW can refuse if we take point 2 or point 3 route.

Travelled within 90 days of being granted leave as a PBS migrant but current leave expires before the 5th anniversary of date of entry?

1. Some people apply within the 28 days window preceding the date of expiry of the current leave (that is the appropriate timeline to apply as per the guidelines).

2. Some people apply within the 28 days window preceding the 5th anniversary of date of entry in the UK, and have been granted settlement.

3. Some people apply within the 28 days window preceding the 5th anniversary of the date of grant of initial (first) PBS leave, and have been granted settlement.




Don't be surprised if the caseworker refuses the application if you wish to take route 2 or 3. The risk is yours, so do as you please.

If we follow Page 21 guidance and apply 28 days prior to the visa stamp date, Is it our right to apply or is it at case workers discretion?
If there is a Guidance , why would the CW can refuse? and if so can we show the guidance at the PEO appointment?

Please advise.

Many thanks.

[Amber]

The guidance is there for them to follow. I've not seen anyone declined on here for that reason and unless someone else has, I wouldn't worry.

[CSREDDY25]

Thanks Amber. Relieved big stress. Many thanks

[CSREDDY25]

With so many dates thrown in the topic, I may have been inaccurate in my response earlier in the topic. The following should help:


Travelled within 90 days of being granted leave as a PBS migrant but current leave expires before the 5th anniversary of date of entry?

1. Some people apply within the 28 days window preceding the date of expiry of the current leave (that is the appropriate timeline to apply as per the guidelines).

2. Some people apply within the 28 days window preceding the 5th anniversary of date of entry in the UK, and have been granted settlement.

3. Some people apply within the 28 days window preceding the 5th anniversary of the date of grant of initial (first) PBS leave, and have been granted settlement.




Don't be surprised if the caseworker refuses the application if you wish to take route 2 or 3. The risk is yours, so do as you please.

Hi SushdMehta,
Could you please advise me why do you think the CW can refuse the application if we take the point 3 route and basically If we follow Page 21 of guidance and apply 28 days prior to the visa stamp date.

Any Immigration links you can point through which can suggest that CW can refuse

Please advise.

Many thanks.

[pragneshmpatel]

Hi all,
Will Online Bill Print out will work for cohabitation proof?

I receive all bill in PDF format not paper bill
- Credit Card Bill
- Electricity bill
- Mobile bill


Will print from PDF / print from online accepted?

[Amber]

Really they should be originals (though with e-statements there is no paper statements), but if they show the date, address and name then it should be ok.

[pragneshmpatel]

Really they should be originals (though with e-statements there is no paper statements), but if they show the date, address and name then it should be ok.

Thanks for reply
-Credit card & Electricty bill are same as PDF if i received by post. means has everything date/address logo.. etc.
- my O2 online bill is not pdf but when i print online it shows all above things as well.

Will that be ok?

[Amber]

Should be ok.

[CSREDDY25]

Initial Tier-1 issue date: 21/09/2008
Date of Entry :12/10/2008
Validity of Tier-1 : 04/10/2013.
I used 90 days concession rule and applied within 28 days of the 5th anniversary of initial visa issue date.

My ILR was issued today at Croydon PEO.

Hope this helps others.
Thanks a lot to Amber, moderators and other members on this forum.

[destiny88]

Hi all,
When i returned last time in 2012 from india, immigration officer ( indian lady) warned me that not apply for extenstion, you will not get visa. but she let me enter uk.

-i came in UK on WHM visa in 2007 i stayed 14 months and went back to india. i did not worked more that 12 month during my stay on whm.
then i came back on Tier1 general in november 2008

Now immigration officer asked me question about WHM visa which i got using apeal. Then she asked me some other question regarding my employment on tier 1. which i answered correctly. But she was not happy about i am coming to her country. then she went inside to check something. after coming back she told me that don't apply for visa extension, you will not get it.

Now i am going to apply for ILR next month.Will there be any problem? I have not breach any condition during my stay.

Please advise.

sorry amber for creating duplicate thread. Please can you advise me on above?

Hi Pragnesh

You must make sure while applying your ILR. As you said immigration lady who went inside to check or verify SOMETHING, this SOMETHING is might be about your previous activity they may have recorded in their system. Britishers are very clever . Now a months , they dont need immigrants so they kick up them discovering their fault. So you you make sure , before applying you must have answers if they ask in your application like on WHM , you work for more than 12 months or not, or morever.

It was really a certain doubt thing which they found at airport about you.
By the way, best of luck.

[pragneshmpatel]

Hi have a few final question regarding application.

1: Will UKBA croydon peo allow my 3 month old daughter with us in PEO though we have not included in our application.

2.in form SET(0)

6 . 11 Please give the dates of any absences spent outside of the Crown Dependencies and the UK.
I have given my dates in table 6.2 do i need to provide again in 6.11?

3. Section 10.8 , 10.9 & 10.10
Give details when your fingerprints were taken , place & british diplomot post involved

I gave my first biometric in india on my first application. do i mention it above or i can write when i gave biometric in UK during my extension.

Thanks

[Amber]

Hi have a few final question regarding application.

1: Will UKBA croydon peo allow my 3 month old daughter with us in PEO though we have not included in our application.

YES

2.in form SET(0)

6 . 11 Please give the dates of any absences spent outside of the Crown Dependencies and the UK.
I have given my dates in table 6.2 do i need to provide again in 6.11?

6.9-6.11 is N/A

3. Section 10.8 , 10.9 & 10.10
Give details when your fingerprints were taken , place & british diplomot post involved

Last time you had your Bio-metrics done, i.e. the last extension.

I gave my first biometric in india on my first application. do i mention it above or i can write when i gave biometric in UK during my extension.

Thanks

[pragneshmpatel]

Thanks amber for quick clarification .

[pragneshmpatel]

I do pay for the pension from my salary. i read on the forum they do not count pension contribution towards your income? it it true?
If yes then do i claim the point after deducting the pension amount? or case worker will give only point which i should get.
means should i change the point & amount in the form & point based calculator?