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Applied for ILR 3 days earlier than 28days allowed period

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NadiiaR
Newbie
Posts: 35
Joined: Thu Oct 08, 2020 8:52 pm
Ukraine

Applied for ILR 3 days earlier than 28days allowed period

Post by NadiiaR » Wed Dec 09, 2020 2:50 pm

Hi members,
I know, there is a rule that you cannot apply for ILR earlier than 28days before 5 years of holding spousal visa( in my case). And yet, I did submit my form 3 day before allowed date. My main reasoning was following: "sure,form is not fully submitted until I upload my documents and submit my biometrics".
My biometrics were submitted the day after I reached 5 years on spousal visa (1 month after initial application).
My husband has found in the guidelines for HO workers that date should be calculated either from application day or day the decision is made, whatever is in applicant's favour. Sounds reasonable, that is why I made sure I applied biometrics after I reached 5 years.

I would really like to hear from someone who has been in a similar situation and had a positive outcome.

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seagul
Diamond Member
Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
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United Kingdom

Re: Applied for ILR 3 days earlier than 28days allowed period

Post by seagul » Wed Dec 09, 2020 2:54 pm

NadiiaR wrote:
Wed Dec 09, 2020 2:50 pm
Hi members,
I know, there is a rule that you cannot apply for ILR earlier than 28days before 5 years of holding spousal visa( in my case). And yet, I did submit my form 3 day before allowed date. My main reasoning was following: "sure,form is not fully submitted until I upload my documents and submit my biometrics".
My biometrics were submitted the day after I reached 5 years on spousal visa (1 month after initial application).
My husband has found in the guidelines for HO workers that date should be calculated either from application day or day the decision is made, whatever is in applicant's favour. Sounds reasonable, that is why I made sure I applied biometrics after I reached 5 years.

I would really like to hear from someone who has been in a similar situation and had a positive outcome.
Correct. as you should be qualified on the day of decision
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

NadiiaR
Newbie
Posts: 35
Joined: Thu Oct 08, 2020 8:52 pm
Ukraine

Re: Applied for ILR 3 days earlier than 28days allowed period

Post by NadiiaR » Wed Dec 09, 2020 3:42 pm

Thanks. Makes it a bit easier for me to wait for their decision.

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