Should I wait to get ILR or do it now?

[slugmeister]

Hi Everyone,

I'm just wondering what I should do here?

I'm American here on a Tier 1. I arrived in July 2005 on WP --> HSMP (Dec 2006) --> Tier 1 (granted Jan 2009 valid until Jan 2012).

I qualify for ILR, however, in a quandary about when to apply? I believe I qualify under the new rules via Master's degree, 50K salary, UK experience & 5 points for age. No criminal history.

I can't decide if I should apply in person under the current rules (appointment on 31/3) or apply by post with the new rules? My two issues: Money is tight these next 2 months. I am also traveling outside the country at the end of April.

Should I be in a rush to get ILR? All my American friends are telling me to get ILR ASAP and don't stop until I've gone through naturalization. I loathe the idea of spending extra money at the PEO and if it weren't for the travels I would apply by post anyhow. I just have this sinking feeling that if I don't get my ILR over with next week, I'm going to regret it. If I do get it next week, I'm going to be on a meager budget for the rest of the month, which won't be fun, but at least I'd have my ILR.

Ideally, I'd like to apply in May, by post, after my trip. Should I risk it?

Any advice or opinions would be appreciated.

Thanks!

[cuberoot]

If I was in your position and could qualify for ILR before 6 April and I had an appointment at PEO before the new rules came into play, I would apply with no hesitation! I would live with a tight budget for a month or 2. I have to sit nervously until November before I can apply, so consider yourself lucky!

Saying that, the new rules arent too difficult for ILR so I think you could apply afterwards if you really wanted to. It just means you would have to pass Life in the UK test and be free of unspent convictions. I assume since you are American your qualification will be enough for the English Language requirement.

[slugmeister]

I've already passed the life in the UK test. (Wasn't that a previous requirement anyhow?)

I don't have a criminal record. I am wondering, however, what will I have to provide to prove this?

After the mortgage and expenses have been paid my partner and I will only have a few hundred pounds to last the rest of the month. So I'm really stressing out about what to do.

I just wish the new application forms were out so that I could be 100% sure everything will be fine.

[cuberoot]

If I was you, I would pay for the ILR on a credit card or overdraft. Thats just me, the stress of ILR is killing me. The sooner I get it over with, the better.

Life in the UK test was only required for citizenship in the past. Now it will be required for settlement. Buts its really easy anyway, I've passed it already too.

You've seen the policy document laid before parliament right?
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
See pg11.

It describes in great detail what will be needed for ILR for Tier 1 (General) migrants from April. You are probably fine by the sounds of it.

[slugmeister]

From my understanding under the current rules, individuals on the points-based system, (Tier 1,2,etc) have to take the KOL (Knowledge of Life in the UK test) for settlement. That's why every time I called the Home Office to make an appointment for ILR they asked me the date I have passed.

See:
http://www.ukba.homeoffice.gov.uk/settl ... uage-life/

From my understanding of the new rules individuals on the points-based system have to prove they know English by passing the KOL.

Yes, I've had a look. I seem t pass under the new criteria.

When are parliament due to pass the new rules?

[cuberoot]

You are right. Its required at the moment. I am getting confused because I started as an HSMP migrant and Im sure there were some transition plans in place where HSMP migrants did not have to pass it. Who knows!? I battle to keep track with the rules changing so frequently! Besides, its irrelevant, both of us have passed it. Its such a silly test anyway, most British people fail it if they dont study for it. And really, passing a 25 question multiple choice test doesn't really prove that a person has integrated into British society. Anyway, thats a conversation for another day.

I don think the new rules need to be 'passed'. I could be wrong, but I believe it falls under the 'negative resolution procedure' of delegated legislation. So as long as it is laid before parliament before it comes into force then it will go ahead. The only way it can be revoked is if it is annulled within 40 days.

[aosun007]

Its advisable if you apply before April 6 to save money.If you apply before April 6 you will escape proposed fees increment.If you apply from April 6,you will pay higher fees.

The choice is yours.

[bani]

I think in the long run it will be worth it to get your ILR on 31 March.

As previous poster mentioned, fees will rise after 6 April 2011 for ILR.

Fees will rise again (they are allowed to raise it twice a year) before you apply for naturalisation. You need 1 year of ILR for naturalisation. If you do a postal application in May 2011, you might not get ILR until Oct 2011, which means you can't be naturalised until Oct 2012, you have another round of fee increases before you get naturalisation.

On a 50K salary, you really should be able to set aside enough money for these fees. It just takes planning. Good luck.

[slugmeister]

The decision has been made for me. I basically HAVE TO apply now because my immigration advisor is going to charge me a new fee for the new Tier 1 application.

It's gonna be a tight month.

[ouflak1]

The decision has been made for me. I basically HAVE TO apply now because my immigration advisor is going to charge me a new fee for the new Tier 1 application.

It's gonna be a tight month.

It's worth it. Good luck.

[slugmeister]

I got it. At one point I wasn't sure it would happen; There were about 4 issues that had to be referred to a senior officer. One of the issues was a 3 month gap that I couldn't account for. I wasn't aware of all these issues before I went in but thankfully the case worker used her discretion and the issues were resolved. I'll write about it when I get back to London.

[aosun007]

Congratulation