7 days short in 5 year lawful leave for ILR



  • Dear adviser;
    I am currently on tire 1 entrepreneur visa
    initial visa granted: 15/10/2012
    extension granted: 07/10/2015
    extension expiry : 07/10/2017

    so by this my 5 year will be complete on 15/10/2017 i am short 7 days to fulfil 5 year requirement . am i eligible to apply ILR 28 days before 15/10/2017 which will be on 18/09/2017 or I need to submit extension for 7 days.
    thanks
    kind regard


  • Immigration Adviser

    Hello @tucky786

    You are able to submit your SET(O) application 28 days prior to the 5 year qualifying period, therefore you would not need to submit an extension application prior to this.

    You would be eligible to apply 28 days before 15/10/17.



  • Thanks for your feedback Jason have you got any email or anything from HO rules which i can add in my application to overcome any mistake because i have seen some people says their ILR refused on few days shortfall. i really appreciate if you can do this for me.

    kind regard


  • Immigration Adviser

    Dear Tucky786,

    You can rely on page 14 of the guidance: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/606963/Calculating-continuous-leave-v15.0.pdf

    Remember to check your first date of entry to the UK and ensure that this does not cause problems in terms of calculating your overall absences.



  • @kim
    Dear Kim;
    Thanks for your reply
    issue is when I am looking online forums some people says its OK to send ILR application if shortfall is with in 28 days and some says no applicant need to send application for extension and after completing full 5 years applicant can apply for ILR. I am looking something from HO so i can attach with my application is it possible you can send email to businesshelpdesk@homeoffice.gsi.gov.uk and confirm this for me .
    I really appreciate if you can help me in this i am very confuse.
    "
    I am currently on tire 1 entrepreneur visa
    initial visa granted: 15/10/2012
    extension granted: 07/10/2015
    extension expiry : 07/10/2017

    so by this my 5 year will be complete on 15/10/2017 i am short 7 days to fulfil 5 year requirement . am i eligible to apply ILR 28 days before 15/10/2017 which will be on 18/09/2017 or I need to submit extension for 7 days."

    kind regard


  • Immigration Adviser

    The guidance that I have provided the link to is from the Home Office, and is used by caseworkers when making decisions. So you can rely on this and are eligible to apply any time from 17 September, providing that your overall UK absences fall within permitted limits.



  • Dear Adviser;
    Thanks for your feedback
    I have received email from HO saying
    "You wouldn't be able to apply for Indefinite Leave To Remain as you don't quite have the full 5 years qualifying period."

    I am just short 7 days to complete 5 years and my understanding is according to section 3c

    "Where an in time application to extend or vary leave is made and the application is
    not decided before the person’s existing leave expires section 3C extends the
    person’s existing leave until the application is decided"

    lets say my current leave valid till 07/10/2017 and my 5 year will be completed on 15/07/2017 and i am sending me application on 02/10/2017 which is in time with current leave obviously i will complete my 5 full year while my application will be in pending under section 3c my understanding is i am able to send ILR application but confuse why HO saying i cant.

    whats your opinion I am very confuse what can i do?


  • Immigration Adviser

    The advice you have given by the Home Office is simply wrong I'm afraid. You can submit a postal application and rely on 3C leave, ie/ by the time the application reaches a caseworker you would have completed more than 5 years. My opinion is that you would also be able to submit a premium application relying on the guidance. We see this type of application granted frequently - and would offer our money back guarantee on such an application.



  • @kim am i able to send premium application ? my status is tire 1 entrepreneur?


  • Immigration Adviser

    @tucky786 sorry, I had forgotten you are an Entrepreneur. You are limited to the Postal service - it is now possible to make Entrepreneur extension applications through the Super Premium service, but not SET(O) applications from Entrepreneurs.



  • @kim
    this is latest email i have received just now what can i say

    Dear Lugman Zaheer

    Thank you for your email dated 13th September regarding when you can apply for ILR.

    My apologies for the conflicting information that you have received regarding your circumstance. I have looked in to this in great detail to clear this matter up for you. When applying for ILR, you can send an application in 28 days before completing the 5 year period, however this can only be done 28 days before if your current visa covers the five year period.

    Because your visa will expire 7 days before the five year period, you will have to apply for an extension, before your visa runs out. However, once you have completed the five year period, you can then make a request to vary your application and change it to settlement.

    Once again my apologies for the conflicting information that you have received.

    Please note the onus is upon individual customers to ensure that they satisfy the requirements set out in the guidance material. The guidance material accompanies each and every application form. UK Visas and Immigration is not able to give, indicate or advise upon the outcome of any such application prior to it being given full and careful consideration.
    Directing you to the guidance material is the only advice we can give you. If you need any further help you should seek independent immigration advice. Immigration advisers can help you with immigration matters, including completion of forms and representing you at a tribunal. The Office of the Immigration Services Commissioner (OISC) regulates immigration advisers, which mean they must meet certain standards.
    Please see the below link to find an immigration adviser:
    https://www.gov.uk/find-an-immigration-adviser
    Yours Faithfully
    Simon Brown
    UKVI Contact Centre


  • Immigration Adviser

    @tucky786 Thanks for this. The Home Office are wrong again I'm afraid - this employee does not understand Section 3C leave. You should submit the SET(O) application by post on or shortly before 7 October 2017. You are given up to 15 working days to provide biometrics and your current leave is extended from the point at which you submit (an in time application) to the point at which a decision is made. A decision cannot be made before biometrics have been provided. Therefore you can guarantee that you will have held leave as a Tier 1 Entrepreneur migrant for more than 5 years by the point at which a decision can be made.

    Guidance on 3C leave can be found here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/596771/3C-3D-Leave-v8_0.pdf

    I can see their point if applying through the Premium Service, although this contradicts the policy response we have had from the Home Office previously and I still think that most caseworkers would not take this point of view. There is nothing in the published guidance or the rules to back this up.

    Good luck with the application - keep up posted.



  • @kim Thanks Kim I fully understand and agree with your advice but Still very confuse about HO reply, 6 different HO advisers sent me same responses. Is it possible can you find out from HO via email i will be great full of you I dont want to take any risk i am already struggling alot.

    thanks


  • Immigration Adviser

    @tucky786 We don't have any separate access to the Home Office for issues like this I'm afraid. You simply have to rely on the guidance. If you are really worried then you can submit an extension application, or an FLR(HRO) application and then vary it to a SET(O) application, but this is a lot of unnecessary work for you and I would not advise you to do so.



  • @tucky786

    I am in the same situation, short by 20 days. Can you please let me know what you did.



  • @tucky786
    Hey hi tucky
    Finally did you apply ILR
    is it granted , what’s your results can you please share here.
    I am on same situation!



  • @Heera-Sharma
    Hi , have you applied for ilr
    What’s your results, can’ you please share here
    Thanks


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