4 days short of ILR

[PreciousGift]

Hi all,

I am short of 4 days on my Tier 1 dependent visa to apply for ILR even when using the 28 day rule.

My question is
1) Can I apply for ILR on the 13th or 14th August and hope for my application not be decided on before the 19th of September (5 year qualifying period)? Thinking of pushing out the biometrics till the last day to buy myself sometime since application is not valid until biometrics is done

2) Or should I vary my application? If I was to vary my application, what application form will I need to use to apply first before varying

The relevant dates are:

Date of initial visa issue: 16 September 2014
Date of entry to UK: 25 September 2014
5 year qualifying period ends: 16 September 2019 (from visa issue)
Date of eligibility for ILR (using 28 day rule): 19 August 2019
Date of visa expiry: 15 August 2019

Please can you advise on what other options I have got.
Thanks for any help you can give.

[zimba]

The date of your application is the date when you do the online submission. Simply apply before visa expiry online and then book your UKVCAS appointment from 19th August onwards. Easy

[PreciousGift]

Thanks Zimba

What is the deadline for booking the UKVAS appointment after submission.?

I thought we had to do biometrics 15 working days after application date which will still leave me short.

Please advise

[PreciousGift]

Also I have got another question,
I have got a UK born child who is on a Tier 1 dependent visa as well which expires on the 14th August 2019.
1) Is it worth applying for ILR for my child?
2) Or do I wait until we get ILR and then apply for citizenship for him using form MN1?
3) If we wait until we get our ILR, won’t that make the child an overstayer?

Please advise

Thanks for all your help

[CR001]

How old is the child?

[PreciousGift]

Hi CR001,

He's going to be 4 years old on July 15.

Thanks.

[CR001]

Child does not need ILR or a valid visa to register as British if UK born.

[PreciousGift]

Child does not need ILR or a valid visa to register as British if UK born.

Thanks CR001, such a relieve to hear this.

Thanks for all your help

[ukvisat2]

The date of your application is the date when you do the online submission. Simply apply before visa expiry online and then book your UKVCAS appointment from 19th August onwards. Easy

You mean, first apply for an extension and vary it to ILR?

[zimba]

No. You apply online for ILR and then you should attend the appointment within 42 days

[ukvisat2]

No. You apply online for ILR and then you should attend the appointment within 42 days

Sorry, I am not getting this. You are saying that OP can apply ILR 4 days earlier even after counting the grace period of 28 days. Wouldn't this be an early application?

[zimba]

Yes it would be however you should be eligible on the day of the DECISION. So if you apply early and you become eventually eligible BEFORE any decision is made on your application then your ILR will be granted. As your application is NOT processed unless you attend the appointment, you can take advantage of this and lodge the application earlier.

[PreciousGift]

Thanks Zimba, I understand your explanation now. Thanks for all your help

[ukvisat2]

Yes it would be however you should be eligible on the day of the DECISION. So if you apply early and you become eventually eligible BEFORE any decision is made on your application then your ILR will be granted. As your application is NOT processed unless you attend the appointment, you can take advantage of this and lodge the application earlier.

Thank you for your explanations!
Can you provide a reference to it or refer to any successful cases reported on this forum using this rule, please

[zimba]

There is no such rule. This is a concession made by HO.

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:

• the date of application
• the date of decision
• any date up to 28 days after the date of application

https://assets.publishing.service.gov.u ... -v18.0.pdf

[dan883]

There is no such rule. This is a concession made by HO.

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:

• the date of application
• the date of decision
• any date up to 28 days after the date of application

https://assets.publishing.service.gov.u ... -v18.0.pdf

Hi Zimba
Thank you for providing the link and sorry to be asking this again if I’m not permitted to ask on this post:

Does the highlighted information apply for 10 year residency application for ILR too ?

[zimba]

It applies to all cases of ILR

[PreciousGift]

Hi All,

Please i need some clarification regarding the Consent form that needs to be signed.
https://visas-immigration.service.gov.u ... onsent.pdf

I am applying together with my husband using the SET(O) Partner online form while my husband is using SET (O), So we have got two applications under one account. The part 1 of the form says the applicant needs to sign, but since we are both applying together;

1) Do we need to sign 2 sets of the consent form? (ie 2 sets pf Part 1 - 3 of the form)

2) If no, who needs to sign Part 1 of the form

3) Who needs to signs Part 2 and Part 3

Thanks in advance.

[PreciousGift]

Hi All,

Can you please help answer my questions in my previous post.

Thank you in advance.

[silverocks]

Hi All,

Please i need some clarification regarding the Consent form that needs to be signed.
https://visas-immigration.service.gov.u ... onsent.pdf

I am applying together with my husband using the SET(O) Partner online form while my husband is using SET (O), So we have got two applications under one account. The part 1 of the form says the applicant needs to sign, but since we are both applying together;

1) Do we need to sign 2 sets of the consent form? (ie 2 sets pf Part 1 - 3 of the form)

2) If no, who needs to sign Part 1 of the form

3) Who needs to signs Part 2 and Part 3

Thanks in advance.

You need to send 2 sets of consent form as follows:

Part 1 signed by Main Applicant no need for part 2 or 3

Part 1 signed by dependent and Part 2 signed by main Applicant no need for Part 3.

Hope this helps.

[PreciousGift]

Thanks @silverocks. Very helpful

[berlinwall]

Thanks @silverocks. Very helpful

Hi may I know have you successfully get ILR granted in your case? As I have similar case for my dependent. Thank you.

[PreciousGift]

Thanks @silverocks. Very helpful

Hi may I know have you successfully get ILR granted in your case? As I have similar case for my dependent. Thank you.

Hi,
I have submitted my ILR application but haven't been granted yet.

[berlinwall]

Thanks @silverocks. Very helpful

Hi may I know have you successfully get ILR granted in your case? As I have similar case for my dependent. Thank you.

Hi,
I have submitted my ILR application but haven't been granted yet.

Hi,
waiting for your good news.

[AmY_Query_T2_ICT]

Hi all,

I am short of 4 days on my Tier 1 dependent visa to apply for ILR even when using the 28 day rule.

My question is
1) Can I apply for ILR on the 13th or 14th August and hope for my application not be decided on before the 19th of September (5 year qualifying period)? Thinking of pushing out the biometrics till the last day to buy myself sometime since application is not valid until biometrics is done

2) Or should I vary my application? If I was to vary my application, what application form will I need to use to apply first before varying

The relevant dates are:

Date of initial visa issue: 16 September 2014
Date of entry to UK: 25 September 2014
5 year qualifying period ends: 16 September 2019 (from visa issue)
Date of eligibility for ILR (using 28 day rule): 19 August 2019
Date of visa expiry: 15 August 2019

Please can you advise on what other options I have got.
Thanks for any help you can give.

Hi PreciousGift ,

Can you please ping me or let me know if you are able to apply ?
As I my UK Start date as 27th April 2010 and if End Date is my 27 March 2020.

I can see its coming as March 30, 2020 for 28 days before 27th April 2020 (I checked on https://www.calendar-12.com/date_add_days)

What should I do as my BRP or ILR is being short for 3 days ?