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Inconsistent date of entry

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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Tier2journo
Newly Registered
Posts: 4
Joined: Tue Mar 20, 2018 3:57 pm
United Kingdom

Inconsistent date of entry

Post by Tier2journo » Sat Oct 06, 2018 9:48 am

Hi there,

We’re due to apply for my (USA) wife’s ILR soon. We both currently live in the U.K., i’m British citizen.

Her first Leave to Remain was applied for from the US and was granted and valid from 30/10/13. She didn’t move to the U.K. until April 2014. When it came time to renew her Leave to Remain, we cited April 2014 as her entry date.

However, between 30/10/13 and April 14, she visited for short periods of time - technically while her visa was valid - making her first entry on the Leave to Remain in December 13.

We renewed her Leave to Remain in 2016 and it is valid until 12/3/19 (or at least that’s what it says on her residence permit).

So my question is in two parts:

1. When applying for indefinite leave to Remain, should we cite the date of entry as December 13 (true, but inconsistent with the previous application) or April 14?

2. March 19 is one month less than five years, and ILR is only allowed to be applied for after five years, right? Should we apply *before* the residence permit expires, or do we need to tip up?


Thank you.

User avatar
Djsuccess
Diamond Member
Posts: 1159
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: Inconsistent date of entry

Post by Djsuccess » Sat Oct 06, 2018 11:05 am

Tier2journo wrote:
Sat Oct 06, 2018 9:48 am
Hi there,

We’re due to apply for my (USA) wife’s ILR soon. We both currently live in the U.K., i’m British citizen.

Her first Leave to Remain was applied for from the US and was granted and valid from 30/10/13. She didn’t move to the U.K. until April 2014. When it came time to renew her Leave to Remain, we cited April 2014 as her entry date.

However, between 30/10/13 and April 14, she visited for short periods of time - technically while her visa was valid - making her first entry on the Leave to Remain in December 13.

We renewed her Leave to Remain in 2016 and it is valid until 12/3/19 (or at least that’s what it says on her residence permit).


So my question is in two parts:

1. When applying for indefinite leave to Remain, should we cite the date of entry as December 13 (true, but inconsistent with the previous application) or April 14?

2. March 19 is one month less than five years, and ILR is only allowed to be applied for after five years, right? Should we apply *before* the residence permit expires, or do we need to tip up?


Thank you.
if she was granted her first visa in oct 2013, made the first entry in Dec 2013 and finally moved in April 2014, I believe her first entry is Dec 2013 and not April 2014
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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