ILR questions - need help

[devmanda1ia]

HI all,

I have a few questions and would be greatful if anyone can advise.

Is it true that you need to own a property to apply for ILR? Or does it add
weitage if you own a property? I am going to be eligible for ILR next year. I have just seen a few of my friends who have successfully got ILR and they all had already purchased a property. I have been renting all my time in the UK and can't afford to buy just yet. Does it go against me when I apply?
Also I am currently in the UK on a work permit visa with my wife as a dependant. I got the work permit on 13/02/2007 but I entered in the UK on 17/03/2007. My current 5-year work permit expires on 13/02/2012, but I am not eligible on 5-year rule until 18/02/2012 (earliest I can apply for ILR). My visa runs out on 13/02/2012, which means I am falling short by 5 days for earliest application (28 days before expiry of current visa).

Do you think home office can allow 5 days concession for ILR application (worth taking risk) or you think I have to get an extension of 5 days to be eligible for ILR?

[John]

Is it true that you need to own a property to apply for ILR? Or does it add weitage if you own a property?

No, and no!

I am not eligible on 5-year rule until 18/02/2012 (earliest I can apply for ILR). My visa runs out on 13/02/2012, which means I am falling short by 5 days for earliest application (28 days before expiry of current visa).

A tough call. We need to take into account that as regards visa applications that are posted, it is the date of posting that counts as the date of application. That is, if the application is posted on Monday, 13.02.12 then that will count as the date of application, and therefore Section 3C will be in play. That is, the visa will be "treated as continuing" even though the printed expiry date will have passed.

You will post, on Monday 13.02.12, to the payment centre in Durham (unless that changes in the meantime), and after they have ensured payment has been made, they will forward the papers to a "real office" for processing.

By the time it actually gets in front of anyone to process the application for real it will undoubtedly be after 18.02.12.

Other opinions very welcome.

[Staminka]

If you are holding a 5yrs WP then take a look at this thread (the situation as similar to yours):

http://www.immigrationboards.com/viewto ... ued#428386

and also this thread (1st page):

http://www.immigrationboards.com/viewtopic.php?t=71442

I think you might be be eligible for ILR 13/02/12. But it's only my opinion..

Best wishes and good luck!

[devmanda1ia]

Thanks a lot for your advise. It feels I may be ok. Do u guys think I should not worry about extension and just start preparing for Ilr? Extension of work permit may not be possible and in this economic conditions I can't ask my company to sponsor me. My only hope is ilr. What would do in my situation? Also is there any guideline on how much bank balance I should have when applying?

[devmanda1ia]

Also do u know of any case where someone on wp falling short has been granted ilr

[devmanda1ia]

Can anyone please help with these questions:

1. Does anyone know of any case where someone on work permit falling short by a few days/week has been granted ILR? In my previous question I have been advised of the rule for tier 2 i.e. consider visa grant date towards 5 yrs but have not seen any evidence of it applied for work permit holder who is falling short?

2. Also is there any guideline on how much bank balance I should have when applying?

3. Is there any qualifying period and rules for dependant of ILR? My wife has been in the UK for about 2.5 yrs.

Any help will be greatly appreciated.

Thanks,

Dev

[geriatrix]

2. Also is there any guideline on how much bank balance I should have when applying?

No, because there is no "min. balance" requirement.

3. Is there any qualifying period and rules for dependant of ILR? My wife has been in the UK for about 2.5 yrs.

If you are on WP, see 196D. If you are on Tier 2, see 319E.


regards

[geriatrix]

You will post, on Monday 13.02.12, to the payment centre in Durham (unless that changes in the meantime), and after they have ensured payment has been made, they will forward the papers to a "real office" for processing.

By the time it actually gets in front of anyone to process the application for real it will undoubtedly be after 18.02.12.

Other opinions very welcome.

In the case of OP, since 5.2 applies, I believe he can apply for settlement on/before 13-02-12 and doesn't need to resort to payment delay tactics.

Alternatively, the following is also a possible solution:

Under current directions, you should apply for an extension before your leave expires. However, if they haven't decided by the time you are eligible for ILR, then you may vary your application to ILR.

This said, with regards to the matter of delaying payment when an applicant is not eligible to apply on the date of application, I beg to differ on the work around, because - If the "date of application" (i.e. - date of posting) is what matters, I do not see how a delay in payment processing would lead to a positive result - unless the caseworker can apply "discretion" in the matter.


regards

[devmanda1ia]

Thanks both,

Will the rule for Tier 2 i.e. considering date of granting visa, not be applicable in case of work permit??

Wouldn't getting an extension be more difficult in this economic situation and asking company for a spondership certificate may be of a challange just to extend visa for 5 days. Your advise will be greatly appreciated.