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ILR Success - WP, at Solihull 14-Oct

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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bneil
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Posts: 13
Joined: Wed Aug 03, 2011 6:09 pm

ILR Success - WP, at Solihull 14-Oct

Post by bneil » Wed Aug 31, 2011 9:58 am

I want some moderators or someone already has the experience to help me out to clear this dilemma

1. Work Permit Obtained EC 09/11/2006 - 09/11/2011
2. Arrived 03/12/2006
3. Same Employer for 5 years since 04/12/2006
4. If i apply in Person on or after 13/10/2011, would it be ok?
5. Or do i need to wait to capture the 28 days before 03/12/2011 then it would be somewhere near to my visa expiry date.
6. By reading some threads many applicants did apply calculating from the EC date. Where the 90 days rule applies.

Some please advise.

Thanks,

N :roll:



Good luck everyone.
Last edited by bneil on Sat Oct 15, 2011 12:09 pm, edited 3 times in total.

mk357
Member of Standing
Posts: 318
Joined: Sat Nov 27, 2010 6:54 pm

Re: ILR Vs Work Permit - Apply In Person.

Post by mk357 » Wed Aug 31, 2011 10:40 am

bneil wrote:I want some moderators or someone already has the experience to help me out to clear this dilemma

1. Work Permit Obtained EC 09/11/2006
2. Arrived 03/12/2006
3. Same Employer for 5 years
4. If i apply in Person on or after 13/10/2011, would it be ok?
5. Or do i need to wait to capture the 28 days from 03/12/2012 then it would be somewhere near to my visa expiry date.
6. By reading some threads many applicants did apply calculating from the EC date. Where the 90 days rule applies.

Some please advise.

Thanks,

N :roll:
The 90 days concession is the discretion of the CW and Not and Rule. In any case it would apply to cases where the LTR expires before the 28 days from the date of entry. When is your visa expiring? if it is expiring before 03/12/2011 minus 28 days then you can test your luck by applying before that period.

bneil
Newly Registered
Posts: 13
Joined: Wed Aug 03, 2011 6:09 pm

Re: ILR Vs Work Permit - Apply In Person.

Post by bneil » Wed Aug 31, 2011 10:44 am

Visa Expires on 09/11/2011, Then?

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Wed Aug 31, 2011 10:45 am

MK357, there is nothing in the modernised guidance that says it's a discretionary concession that can be applied aribitrarily. If it were it would surely say that the caseworker has discretion to include rather than may include; the former being a common construction used throughout other areas of the immigration guidance where discretion applies. A refusal where it was not applied would be a very easily appealed.

See similar discussion

http://www.immigrationboards.com/viewto ... 292#534292

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Post by xyz123 » Wed Aug 31, 2011 11:49 am

You complete 5 years on 3rd Dec 2011. 28 days before that is 5 nov 2011. Your visa expires 9 nov 2011. So you can apply on 7th/8th or 9th nove (5th and 6th are weekends). You have enough leave to apply so u can not ask for 90 days descretion.

bneil
Newly Registered
Posts: 13
Joined: Wed Aug 03, 2011 6:09 pm

Post by bneil » Wed Aug 31, 2011 1:08 pm

xyz123 wrote:You complete 5 years on 3rd Dec 2011. 28 days before that is 5 nov 2011. Your visa expires 9 nov 2011. So you can apply on 7th/8th or 9th nove (5th and 6th are weekends). You have enough leave to apply so u can not ask for 90 days descretion.
Anyone who is in the same boat as me, or who went through the same scenario, please post your experiences.

Thank you for everyone replied.

bneil
Newly Registered
Posts: 13
Joined: Wed Aug 03, 2011 6:09 pm

Re: ILR Vs Work Permit - Success at Solihull 14-11-11

Post by bneil » Sat Oct 15, 2011 12:11 pm

bneil wrote:I want some moderators or someone already has the experience to help me out to clear this dilemma

1. Work Permit Obtained EC 09/11/2006 - 09/11/2011
2. Arrived 03/12/2006
3. Same Employer for 5 years since 04/12/2006
4. If i apply in Person on or after 13/10/2011, would it be ok?
5. Or do i need to wait to capture the 28 days before 03/12/2011 then it would be somewhere near to my visa expiry date.
6. By reading some threads many applicants did apply calculating from the EC date. Where the 90 days rule applies.

Some please advise.

Thanks,

N :roll:



Good luck everyone.
Hi Guys,

Finally I got the PR. Thanks for this forum really helped and saved a lot of money. (As i did not apply for my 2 kids)

I been to Solihull on 14/10/2011

Docs asked,

1. Pass ports x2
2. 3 months payslips
3. LIUK test Certificates x 2
4. Co-habitation Docs - i just gave last 2 year Council Tax
5. Photos

I have a conviction for mobile while driving last year- CU 80, but not convicted at Court.

No bank statements asked
No P 60s asked
Absolutely nothing at all.

Thank you all.

genious
Member
Posts: 102
Joined: Fri Apr 17, 2009 11:58 am

Post by genious » Sun Oct 16, 2011 8:17 am

was you asked for employer letter?

suresh2013
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Posts: 1
Joined: Sun Oct 16, 2011 10:40 am

Post by suresh2013 » Sun Oct 16, 2011 11:03 am

Dera bneil,

As per my understanding you cannot apply for PR before 5th Nov. However you already recieved PR (Due to 28 days rule).

Can you clarify caseworker did not object about not completing 5 year. Thanks

sarath1212
Member
Posts: 142
Joined: Mon Mar 22, 2010 6:34 pm

Re: ILR Vs Work Permit - Success at Solihull 14-11-11

Post by sarath1212 » Sun Oct 16, 2011 11:50 am

bneil wrote:
bneil wrote:I want some moderators or someone already has the experience to help me out to clear this dilemma

1. Work Permit Obtained EC 09/11/2006 - 09/11/2011
2. Arrived 03/12/2006
3. Same Employer for 5 years since 04/12/2006
4. If i apply in Person on or after 13/10/2011, would it be ok?
5. Or do i need to wait to capture the 28 days before 03/12/2011 then it would be somewhere near to my visa expiry date.
6. By reading some threads many applicants did apply calculating from the EC date. Where the 90 days rule applies.

Some please advise.

Thanks,

N :roll:



Good luck everyone.
Hi Guys,

Finally I got the PR. Thanks for this forum really helped and saved a lot of money. (As i did not apply for my 2 kids)

I been to Solihull on 14/10/2011

Docs asked,

1. Pass ports x2
2. 3 months payslips
3. LIUK test Certificates x 2
4. Co-habitation Docs - i just gave last 2 year Council Tax
5. Photos

I have a conviction for mobile while driving last year- CU 80, but not convicted at Court.

No bank statements asked
No P 60s asked
Absolutely nothing at all.

Thank you all.
Congrats on your ILR......Its confusing the 90 and 28 day rules....As i understand from the forums and advice from moderators that the 28 day should be calculated from the date of entry to this country.

bneil
Newly Registered
Posts: 13
Joined: Wed Aug 03, 2011 6:09 pm

Re: ILR Vs Work Permit - Success at Solihull 14-11-11

Post by bneil » Sun Oct 16, 2011 8:39 pm

sarath1212 wrote:
bneil wrote:
bneil wrote:I want some moderators or someone already has the experience to help me out to clear this dilemma

1. Work Permit Obtained EC 09/11/2006 - 09/11/2011
2. Arrived 03/12/2006
3. Same Employer for 5 years since 04/12/2006
4. If i apply in Person on or after 13/10/2011, would it be ok?
5. Or do i need to wait to capture the 28 days before 03/12/2011 then it would be somewhere near to my visa expiry date.
6. By reading some threads many applicants did apply calculating from the EC date. Where the 90 days rule applies.

Some please advise.

Thanks,

N :roll:



Good luck everyone.
Hi Guys,

Finally I got the PR. Thanks for this forum really helped and saved a lot of money. (As i did not apply for my 2 kids)

I been to Solihull on 14/10/2011

Docs asked,

1. Pass ports x2
2. 3 months payslips
3. LIUK test Certificates x 2
4. Co-habitation Docs - i just gave last 2 year Council Tax
5. Photos

I have a conviction for mobile while driving last year- CU 80, but not convicted at Court.

No bank statements asked
No P 60s asked
Absolutely nothing at all.

Thank you all.
Congrats on your ILR......Its confusing the 90 and 28 day rules....As i understand from the forums and advice from moderators that the 28 day should be calculated from the date of entry to this country.
I think as long as you arrive within 3 months of your EC, you can apply 28 days before the expiry. I did not have any issue, and they did not even mention anything.

bneil
Newly Registered
Posts: 13
Joined: Wed Aug 03, 2011 6:09 pm

Post by bneil » Sun Oct 16, 2011 8:40 pm

genious wrote:was you asked for employer letter?
Sorry, yes they did, and i used the one available in this forum.

sarath1212
Member
Posts: 142
Joined: Mon Mar 22, 2010 6:34 pm

Re: ILR Vs Work Permit - Success at Solihull 14-11-11

Post by sarath1212 » Mon Oct 17, 2011 8:54 am

[/quote]

I think as long as you arrive within 3 months of your EC, you can apply 28 days before the expiry. I did not have any issue, and they did not even mention anything.[/quote]

Hi, My case is something different......

EC on 21/11/2006 WP
Arrived -15/12/2006
WP Extension -21/05/2008
Tier 2-(ICT) Extension - 21/05/2009 to 04/12/2011

Can i apply 28 days from 04/12/2011 or 28 from 15/12/2011.Please advice......

grinconesmo
Newly Registered
Posts: 27
Joined: Sat Feb 26, 2011 10:57 am

Re: ILR Vs Work Permit - Success at Solihull 14-11-11

Post by grinconesmo » Mon Oct 17, 2011 12:26 pm

bneil wrote:
bneil wrote:I want some moderators or someone already has the experience to help me out to clear this dilemma

1. Work Permit Obtained EC 09/11/2006 - 09/11/2011
2. Arrived 03/12/2006
3. Same Employer for 5 years since 04/12/2006
4. If i apply in Person on or after 13/10/2011, would it be ok?
5. Or do i need to wait to capture the 28 days before 03/12/2011 then it would be somewhere near to my visa expiry date.
6. By reading some threads many applicants did apply calculating from the EC date. Where the 90 days rule applies.

Some please advise.

Thanks,

N :roll:



Good luck everyone.
Hi Guys,

Finally I got the PR. Thanks for this forum really helped and saved a lot of money. (As i did not apply for my 2 kids)

I been to Solihull on 14/10/2011

Docs asked,

1. Pass ports x2
2. 3 months payslips
3. LIUK test Certificates x 2
4. Co-habitation Docs - i just gave last 2 year Council Tax
5. Photos

I have a conviction for mobile while driving last year- CU 80, but not convicted at Court.

No bank statements asked
No P 60s asked
Absolutely nothing at all.

Thank you all.
Sorry, would you explain why you did not apply for your kids? I assume that they are already British citizens or there is any other reason?

Thanks,

bneil
Newly Registered
Posts: 13
Joined: Wed Aug 03, 2011 6:09 pm

Re: ILR Vs Work Permit - Success at Solihull 14-11-11

Post by bneil » Mon Oct 17, 2011 2:24 pm

Hello grinconesmo,

I am going to apply MN1, as both of them born in UK. Hope it will helps.

bneil
Newly Registered
Posts: 13
Joined: Wed Aug 03, 2011 6:09 pm

Re: ILR Vs Work Permit - Success at Solihull 14-11-11

Post by bneil » Mon Oct 17, 2011 2:32 pm

sarath1212 wrote:
I think as long as you arrive within 3 months of your EC, you can apply 28 days before the expiry. I did not have any issue, and they did not even mention anything.[/quote]

Hi, My case is something different......

EC on 21/11/2006 WP
Arrived -15/12/2006
WP Extension -21/05/2008
Tier 2-(ICT) Extension - 21/05/2009 to 04/12/2011

Can i apply 28 days from 04/12/2011 or 28 from 15/12/2011.Please advice......[/quote]

I think you can apply 28 days before your EC date, this is what i did. For a safe side apply at Solihull, as you only will be charged once you get the confirmation from the case worker subject to criminality checks.

sarath1212
Member
Posts: 142
Joined: Mon Mar 22, 2010 6:34 pm

Re: ILR Vs Work Permit - Success at Solihull 14-11-11

Post by sarath1212 » Mon Oct 17, 2011 3:39 pm

bneil wrote:
sarath1212 wrote:
I think as long as you arrive within 3 months of your EC, you can apply 28 days before the expiry. I did not have any issue, and they did not even mention anything.
Hi, My case is something different......

EC on 21/11/2006 WP
Arrived -15/12/2006
WP Extension -21/05/2008
Tier 2-(ICT) Extension - 21/05/2009 to 04/12/2011

Can i apply 28 days from 04/12/2011 or 28 from 15/12/2011.Please advice......[/quote]

I think you can apply 28 days before your EC date, this is what i did. For a safe side apply at Solihull, as you only will be charged once you get the confirmation from the case worker subject to criminality checks.[/quote]

Thanks Neil.

sarath1212
Member
Posts: 142
Joined: Mon Mar 22, 2010 6:34 pm

Re: ILR Vs Work Permit - Success at Solihull 14-11-11

Post by sarath1212 » Mon Oct 17, 2011 3:58 pm

bneil wrote:
sarath1212 wrote:
I think as long as you arrive within 3 months of your EC, you can apply 28 days before the expiry. I did not have any issue, and they did not even mention anything.
Hi, My case is something different......

EC on 21/11/2006 WP
Arrived -15/12/2006
WP Extension -21/05/2008
Tier 2-(ICT) Extension - 21/05/2009 to 04/12/2011

Can i apply 28 days from 04/12/2011 or 28 from 15/12/2011.Please advice......[/quote]

Thanks very much for your reply Neil.

I think you can apply 28 days before your EC date, this is what i did. For a safe side apply at Solihull, as you only will be charged once you get the confirmation from the case worker subject to criminality checks.[/quote]

Already i have got the appointment on 17th of Nov, i will check if there are any appointments available beofre that in Solihull as it is very hard to get the appointments in Solihull peo.

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