Gap on ILR application dilemma

[mikesolis]

hi all,

I got 5 yr WP here in UK. My visa approved last August 9, 2006, I came here in UK September 23, 2006. It will expire on August 9, 2011. That means I got 19 days gap before the 28 days qualifying period on my 5th year here and my visa runs out before that day. My question is:

1. Can I still make an ILR application without extending my visa that is FLR?
2. Is it okey just to post my ILR application 3days before my visa runs out so it will fill the 19 days gap? or there is still a chance that it will be refused?
3. How may days or months the case worker will process the ILR application?


Any similar problems like mine that have already ILR approved are welcome to post advise here. I just need help regarding my ILR predicament.

Thanks

[geriatrix]

1. No.
2. No.
3. Only the caseworker can tell.


regards

[mikesolis]

hi sushmehta,

thank you for your reply. About my no. 2 question on my previous post, I have read in the UKBA website that "If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. If your existing visa or other permission to stay here allows you to work, you can continue to do so until your case is decided."
I have thought that by mailing my application by post will cover my gap of 19days, and considering also the processing times the case worker decide, I will be 5years here already. Is that processing time counted during my ILR application?Can you please further clarify regarding this matter. Thank you again and my apology for asking to many questions. Your forum helps a lot.

[geriatrix]

The statement you quote would definitely apply to you if you were to submit an application for further leave to remain (extension) under the same immigration category that you currently on (WP/Tier 1) or switching to another immigration category.

Not the case when applying for settlement.

Please do not send us your application more than 28 days before you become eligible to apply. If you do, we may refuse your application with no refund of the application fee (where a fee is charged). However, you must make your application before your current permission to stay in the UK expires.
If you are already in the UK but you have not been here long enough to apply for settlement, you can apply to extend your temporary permission to stay.

regards

[mikesolis]

thanks for the info. Thats the big problem I have because my company will no longer give me extension or CoS because they already gave me 5 yr wp already and i know if applied for FLR I need CoS. The reason they could not gave me CoS because they cant pay me £7.02/hr rate (Im a senior carer by the way) and for that 19days gap, Im going back to square one again. I dont know what to do. any advice? can a solicitor help me?thanks again for your time. Your advice is greatly appreciated.

[rajathwp]

Hi Sushdmehta,

I have this query in some other topic but didn't get the answer. Can you please answer so that would be 100% sure :-

WP Stamped =20th March 2006
Came to UK =2nd April 2006
WP Valid =23rd March 2011

ILR appointment planning to book after 4th March. I believe i can apply for ILR after 3rd April 2011. Please correct if i am wrong ... Cheers

[nksg]

I am aware of a colleague who was in the same situation. In his case the gap was 10 days. He got ILR without any issues. I am not an expert but i believe as long as u have LTR at the time of your application i.e within 28days from the eligibility period, you should be fine.
but
I would check with home office just to be sure as this colleague did.

hi all,

I got 5 yr WP here in UK. My visa approved last August 9, 2006, I came here in UK September 23, 2006. It will expire on August 9, 2011. That means I got 19 days gap before the 28 days qualifying period on my 5th year here and my visa runs out before that day. My question is:

1. Can I still make an ILR application without extending my visa that is FLR?
2. Is it okey just to post my ILR application 3days before my visa runs out so it will fill the 19 days gap? or there is still a chance that it will be refused?
3. How may days or months the case worker will process the ILR application?


Any similar problems like mine that have already ILR approved are welcome to post advise here. I just need help regarding my ILR predicament.

Thanks

[xyz123]

Hi Sushdmehta,

I have this query in some other topic but didn't get the answer. Can you please answer so that would be 100% sure :-

WP Stamped =20th March 2006
Came to UK =2nd April 2006
WP Valid =23rd March 2011

ILR appointment planning to book after 4th March. I believe i can apply for ILR after 3rd April 2011. Please correct if i am wrong ... Cheers

You can apply between 28 days before 2nd April 2011 and before 24th March 2011.

[rajathwp]

Many Thanks .. I am booking an appointment for 7th March ....Hope I am okay ...Cheers