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Calculating continuous period in UK for ILR

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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singhden
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Joined: Wed Jan 23, 2013 8:53 pm
Location: Midlands

Calculating continuous period in UK for ILR

Post by singhden » Wed Jan 23, 2013 9:22 pm

Hi Members,

I will be completing 4 Yrs 8 Months and need to plan for an Tier1 extension.

Also the ILR is getting due in 3/4 months and shall apply for ILR when I complete 4 Yrs 11 months

Can anyone suggest ways to avoid 2 application within a space of 4 months ? I could save atleast 4K.

Date of Stamping : 10 Apr 08 (HSMP)
Date of Entry : 18 Aug 08
Exp of present Visa : 10 Aug 13 (Tier1)

Proposed Date of Tier1 extension : Mar 13
Proposed Date of ILR extension : July 13

Regards

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

Post by wpilr_nov12 » Wed Jan 23, 2013 10:29 pm

Can you check your dates again, especially the exp of your current visa?
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

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

Re: Calculating continuous period in UK for ILR

Post by uksettlement » Thu Jan 24, 2013 12:36 am

singhden wrote:Hi Members,

I will be completing 4 Yrs 8 Months and need to plan for an Tier1 extension.

Also the ILR is getting due in 3/4 months and shall apply for ILR when I complete 4 Yrs 11 months

Can anyone suggest ways to avoid 2 application within a space of 4 months ? I could save atleast 4K.

Date of Stamping : 10 Apr 08 (HSMP)
Date of Entry : 18 Aug 08
Exp of present Visa : 10 Apr 13 (Tier1)

Proposed Date of Tier1 extension : Mar 13
Proposed Date of ILR extension : July 13

Regards
Assuming the above is correct there is nothing u can do other than delay your ILR if you want save money in near future.
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.

singhden
Newly Registered
Posts: 4
Joined: Wed Jan 23, 2013 8:53 pm
Location: Midlands

Post by singhden » Thu Jan 24, 2013 10:41 am

wpilr_nov12 wrote:Can you check your dates again, especially the exp of your current visa?

The visa expiry date is correct as 10 April 2013

hsmp1412
Member of Standing
Posts: 283
Joined: Sun Mar 23, 2008 1:27 pm
Location: India

Post by hsmp1412 » Thu Jan 24, 2013 3:51 pm

You don't have a choice re the extension of your Tier1 as you won't be able to apply for ILR any earlier than Jul. Therefore, the only option is delay ILR.

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

Post by cs95tdg » Thu Jan 24, 2013 4:09 pm

OP, you may find the following thread interesting, though the general concensus is contrary to what's stated there:
http://www.immigrationboards.com/viewtopic.php?t=123987

Depending on whether you require your passport for travel & what the current postal T1G application processing times are, one alternate option to consider would be, to apply for your T1G extension closer towards your current LTR expiry date and then if a decision is not made on your case by the time your ILR residence period is complete - request to vary the application to SET(O).

singhden
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Posts: 4
Joined: Wed Jan 23, 2013 8:53 pm
Location: Midlands

Post by singhden » Thu Jan 24, 2013 7:37 pm

cs95tdg wrote:OP, you may find the following thread interesting, though the general concensus is contrary to what's stated there:
http://www.immigrationboards.com/viewtopic.php?t=123987

Depending on whether you require your passport for travel & what the current postal T1G application processing times are, one alternate option to consider would be, to apply for your T1G extension closer towards your current LTR expiry date and then if a decision is not made on your case by the time your ILR residence period is complete - request to vary the application to SET(O).
Thanks a lot.
Interesting suggestion.
Is it possible to change/ vary the category of application while it is under process. How about the processing fee ?

T1G or SET(O) ?

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

Post by cs95tdg » Thu Jan 24, 2013 9:31 pm

To answer your question as to whether it is possible to vary a T1G application to SET(O), yes it is, i.e. according to my understanding of the rules. I don't however know the in's and out's of what's involved in the process as I haven't read the rules in detail. I can point you to the relevant UKBA references which should help you understand & get the information you require.

See Page 33:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

See 34A, Variation of Applications or Claims for Leave to Remain under Immigration Rules: http://www.ukba.homeoffice.gov.uk/polic ... les/part1/

You may also want to search this forum to see how others have varied their applications in the past.

singhden
Newly Registered
Posts: 4
Joined: Wed Jan 23, 2013 8:53 pm
Location: Midlands

Post by singhden » Thu Jan 24, 2013 10:39 pm

cs95tdg wrote:To answer your question as to whether it is possible to vary a T1G application to SET(O), yes it is, i.e. according to my understanding of the rules. I don't however know the in's and out's of what's involved in the process as I haven't read the rules in detail. I can point you to the relevant UKBA references which should help you understand & get the information you require.

See Page 33:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

See 34A, Variation of Applications or Claims for Leave to Remain under Immigration Rules: http://www.ukba.homeoffice.gov.uk/polic ... les/part1/

You may also want to search this forum to see how others have varied their applications in the past.

Thanks once again.
I've glanced through the Page 33, I belive even if I vary the application, the application date remains of the Original application.

This would not make my stay as 4 Yrs 8 months, i.e. back to square one.

Regards

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