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Thread: Re: ILR application

  1. #1
    Respected Member Tiggers0608's Avatar
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    Re: ILR application

    Hi everyone especially for those who just applied for ILR / permanent residency here in UK ....

    do u apply less than 28 days before ur visa expired or 28 days within the date u enter UK or date when u arrived in UK?

    coz i have a friend and shes going to apply for ILR soon, her visa expires on 15th of february but she arrived her on 27th of march.

    so when is she going to apply before her visa expires? or when she arrived here? less than 28 days?



  2. #2
    Respected Member Mrs Daddy's Avatar
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    Hi Tiggers she should apply not before the 18th of january which is 28 days before her visa expires,it shouldnt matter when she arrived in u.k theycount the days when visa expires.Hubby applied my ILR less than 28 days of my visa expires,it`ll expire on jan.5,09 and arrived in u.k feb.9,07 and we`re just waiting for results
    to loved and beloved is the greatest joy on earth...


  3. #3
    Respected Member Tiggers0608's Avatar
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    Quote Originally Posted by Mrs Daddy View Post
    Hi Tiggers she should apply not before the 18th of january which is 28 days before her visa expires,it shouldnt matter when she arrived in u.k theycount the days when visa expires.Hubby applied my ILR less than 28 days of my visa expires,it`ll expire on jan.5,09 and arrived in u.k feb.9,07 and we`re just waiting for results
    hi mrs daddy thanks , coz she said her husband called the glasgow home office and the home office said she should apply feb 27 less than 28 days coz she enter UK on march 27, but her visa will expires on feb 15 so thats really a big problem.

    so i don't know if her hubby wants her to get ILR or what!!! you know what i mean thats why she really needs help


  4. #4
    Moderator joebloggs's Avatar
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    your suppose to be in the UK 2yrs(-upto 28days) b4 you can apply for ILR.

    but as your friend came to the uk more than 28 days after the start date of her visa she cannot apply then, caz if she did apply upto 28 days b4 she has been in the uk,that would be around 27th of feb. but her visa expired on the 15th

    but there was a post on here recently about this, as new spouse visa's are now valid for 27 months not 24 months, this problem should be a thing of the past.

    as your friend is only short 2wks, in the past she could either apply for FLR ( for 2wks ) or leave it late as possible like the day b4 her visa expires and apply then, by the time the case worker started to look at her visa app, probably more than 2wks, so she could well have been in the uk 2yrs-(upto 28days) and should be granted her visa.

    but if you search for the post, i think it said you could either apply for FLR (which i wouldn't do for 2wks ) they would probably allow it anyway for being 2wks earlier, or you could apply b4 your visa expires and they will not process it til she had been in the uk 2yrs - (upto 28 days)..

    but UKBA told her to apply on the 27th of feb , her visa would have expired, and you don't want to do that.. i would phone again and talk to someone else

    but i think she should wait til late as possible, like the 12th of feb and apply by post and she should be ok


  5. #5
    Moderator joebloggs's Avatar
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    Quote Originally Posted by Mrs Daddy View Post
    Hi Tiggers she should apply not before the 18th of january which is 28 days before her visa expires,it shouldnt matter when she arrived in u.k theycount the days when visa expires.Hubby applied my ILR less than 28 days of my visa expires,it`ll expire on jan.5,09 and arrived in u.k feb.9,07 and we`re just waiting for results
    it does matter when you arrive in the uk, your suppose to be in the uk 2yrs - (upto 28 days )

    in your case you should be applying for ILR from 11th jan ( 9th feb 2009 - 28 days) until the day b4 your visa expires which is 4th jan 2009 you cannot, your has expired b4 you can apply...

    anyway your a week short, but you should really apply on the 2cnd of jan 2009, but with the xmas holidays, you may well be lucky and get away with sending it sooner, they might process it or keep it til you've been in the uk 2yrs - (up to 28 days), or it they want to be and refuse it for applying tooo early, when did you apply ?

    from the ukba website http://www.bia.homeoffice.gov.uk/ukr...ionformset(m)/

    You must not send us your application more than 28 days before the end of your two-year qualifying period. If you do, we may refuse your application with no refund of the fee. However, you must make your application before your current permission to stay in the United Kingdom expires.


  6. #6
    Respected Member Ann07's Avatar
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    so you should apply within 28 days before your visa expires? does it make sense joe? Im baffled now Thanks


  7. #7
    Respected Member Mrs Daddy's Avatar
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    I dunno who to believe is anybody here being refuse for ILRif so what to do then
    to loved and beloved is the greatest joy on earth...


  8. #8
    Respected Member Ann07's Avatar
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    Quote Originally Posted by Mrs Daddy View Post
    I dunno who to believe is anybody here being refuse for ILRif so what to do then
    Im still preparing my papers wheela
    I am confused now so as when is the best time to send my application

    You are now waiting for yours nothing to worry never heard of anybody being refused


  9. #9
    Respected Member Mrs Daddy's Avatar
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    thanks ann you`re a star same as you said never heard from anybody being refuse and we followed things correctly in the procedures all we have to do now is wait...
    to loved and beloved is the greatest joy on earth...


  10. #10
    Respected Member Ann07's Avatar
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    Quote Originally Posted by Mrs Daddy View Post
    thanks ann you`re a star same as you said never heard from anybody being refuse and we followed things correctly in the procedures all we have to do now is wait...
    And you're the galaxy hehehehehehe just wanna cheer you up. Life is always beautiful

    Aye, you are right as long as we follow all the procedures and requirements


  11. #11
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    Quote Originally Posted by Ann07 View Post
    so you should apply within 28 days before your visa expires? does it make sense joe? Im baffled now Thanks
    No, it's 28 days before the end of the 2 years qualifying period. Though you also must apply before your visa expires.

    There is a suggestion that the BIA will put your application on hold if your visa expires prior to 28 days before the end of the 2 years qualifying period.

    Quote Originally Posted by Mrs Daddy View Post
    I dunno who to believe is anybody here being refuse for ILRif so what to do then
    I've heard of people being refused ILR for reasons like they applied after their spouse/FLR visa expired and not enough evidence that they were still in a relationship. So basically for not following the process.


  12. #12
    Respected Member Ann07's Avatar
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    [QUOTE=darren-b;103771]No, it's 28 days before the end of the 2 years qualifying period. Though you also must apply before your visa expires.

    There is a suggestion that the BIA will put your application on hold if your visa expires prior to 28 days before the end of the 2 years qualifying period.

    Thanks for that I got married here so i'll start counting now wahhhhhhh never been out of the country yet.


  13. #13
    Moderator joebloggs's Avatar
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    [QUOTE=Ann07;103776]
    Quote Originally Posted by darren-b View Post
    No, it's 28 days before the end of the 2 years qualifying period. Though you also must apply before your visa expires.

    There is a suggestion that the BIA will put your application on hold if your visa expires prior to 28 days before the end of the 2 years qualifying period.

    Thanks for that I got married here so i'll start counting now wahhhhhhh never been out of the country yet.
    you've not followed the procedures thou, its on the website and written in the visa app forms "You must not send us your application more than 28 days before the end of your two-year qualifying period.". Mrs Daddy, you've sent your app at least a month sooner than you should have

    but if you did that last yr, you could well have got a refusal, but with the recent change to the spouse visa from 24 to 27 months, they will either not start to process your app til at least jan, or maybe they already have, and at worse, face a small risk a refusal. read the rules

    of course people are refused, one of the reasons people are refused is because they apply too early or too late, the reason you don't hear much about being refused for being too early is because most people come here within 28 days of the start date of their visa, so they should face this problem.

    http://209.85.229.132/search?q=cache...lnk&cd=9&gl=uk

    thread on being refused ILR for applying too early..

    thou you should be ok, if its many weeks or months when you came to the uk after the start date of your visa, your refusal rate increases if you do not apply for FLR or they do not give you the concession of holding your app til you've been in the uk 2yrs - upto 28 days.. but these problems should be a thing of the past soon


  14. #14
    Moderator joebloggs's Avatar
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    [QUOTE=Ann07;103776]
    Quote Originally Posted by darren-b View Post
    No, it's 28 days before the end of the 2 years qualifying period. Though you also must apply before your visa expires.

    There is a suggestion that the BIA will put your application on hold if your visa expires prior to 28 days before the end of the 2 years qualifying period.

    Thanks for that I got married here so i'll start counting now wahhhhhhh never been out of the country yet.
    if you was on a fiancée visa Anne, and you got married in the UK, then applied for FLR, you don't face the same problem as Mrs.Daddy, you can apply for ILR upto 28 days b4 you FLR expires.


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    We have been told one of my friends, that its better to apply for the ILR the day your visa expires and send it by recorded delivery. And your visa will be yours 8 to 10 days time? Is that a good idea or a risk?
    It's good to have money and the things that money can buy, but it's good to check up once in a while to make sure you haven't lost the things that money can't buy.


  16. #16
    Moderator joebloggs's Avatar
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    Quote Originally Posted by tiN View Post
    We have been told one of my friends, that its better to apply for the ILR the day your visa expires and send it by recorded delivery. And your visa will be yours 8 to 10 days time? Is that a good idea or a risk?
    were talking about spouse visa's here, that depends on when you came to the uk, how many days after the start date of your visa did you enter the uk ? if less than 28 days, then apply for your visa asap thats (the day you entered the uk +23 months, but that date thou should also be b4 your visa expires date )

    leaving it til the last day is not a good idea, if there is a problem with the payment of your app -bank refuses payment etc, or it's lost doesn't give you anytime to sort the problem out.

    8 to 10 days , i don't know where your friend got that from, i think most people are looking at anything upto 6 to 12wks , it use to be around 4 wks thou


  17. #17
    Respected Member Tiggers0608's Avatar
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    its like now its being complicated for applying ILR lol. when it is really to apply, i think the best thing to do for those who are applying for spouse visa is when u get ur visa leave the philippines in 1 week lol, if u dont wanna leave the phils sooner dont apply for a spouse or fiancee visa yet lol


  18. #18
    Respected Member Tiggers0608's Avatar
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    Quote Originally Posted by joebloggs View Post
    your suppose to be in the UK 2yrs(-upto 28days) b4 you can apply for ILR.

    but as your friend came to the uk more than 28 days after the start date of her visa she cannot apply then, caz if she did apply upto 28 days b4 she has been in the uk,that would be around 27th of feb. but her visa expired on the 15th

    but there was a post on here recently about this, as new spouse visa's are now valid for 27 months not 24 months, this problem should be a thing of the past.

    as your friend is only short 2wks, in the past she could either apply for FLR ( for 2wks ) or leave it late as possible like the day b4 her visa expires and apply then, by the time the case worker started to look at her visa app, probably more than 2wks, so she could well have been in the uk 2yrs-(upto 28days) and should be granted her visa.

    but if you search for the post, i think it said you could either apply for FLR (which i wouldn't do for 2wks ) they would probably allow it anyway for being 2wks earlier, or you could apply b4 your visa expires and they will not process it til she had been in the uk 2yrs - (upto 28 days)..

    but UKBA told her to apply on the 27th of feb , her visa would have expired, and you don't want to do that.. i would phone again and talk to someone else

    but i think she should wait til late as possible, like the 12th of feb and apply by post and she should be ok
    but the problem is she want to apply in person so i dont know really what to tell her lol. why do they apply for spouse visa and leave their country so late lol


  19. #19
    Respected Member Mrs Daddy's Avatar
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    [QUOTE=joebloggs;103785]
    Quote Originally Posted by Ann07 View Post

    you've not followed the procedures thou, its on the website and written in the visa app forms "You must not send us your application more than 28 days before the end of your two-year qualifying period.". Mrs Daddy, you've sent your app at least a month sooner than you should have

    but if you did that last yr, you could well have got a refusal, but with the recent change to the spouse visa from 24 to 27 months, they will either not start to process your app til at least jan, or maybe they already have, and at worse, face a small risk a refusal. read the rules

    of course people are refused, one of the reasons people are refused is because they apply too early or too late, the reason you don't hear much about being refused for being too early is because most people come here within 28 days of the start date of their visa, so they should face this problem.

    http://209.85.229.132/search?q=cache...lnk&cd=9&gl=uk

    thread on being refused ILR for applying too early..

    thou you should be ok, if its many weeks or months when you came to the uk after the start date of your visa, your refusal rate increases if you do not apply for FLR or they do not give you the concession of holding your app til you've been in the uk 2yrs - upto 28 days.. but these problems should be a thing of the past soon
    Lets see how it goes joeits a matter of wait and seecross finger well get it with flying color
    to loved and beloved is the greatest joy on earth...


  20. #20
    Moderator joebloggs's Avatar
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    Quote Originally Posted by Tiggers0608 View Post
    its like now its being complicated for applying ILR lol. when it is really to apply, i think the best thing to do for those who are applying for spouse visa is when u get ur visa leave the philippines in 1 week lol, if u dont wanna leave the phils sooner dont apply for a spouse or fiancee visa yet lol
    it's changed now thou, for the last few months a spouse visa should be valid for 27 months not 24 months, so the problem that some people on here have, that is they came to the uk more than 28 days after the start date of their visa, which means they cannot be in the uk for the required 23 months which enables them to apply for ilr, becuase their visa has expired already, it should not happen any more, as your visa should now be valid for 27 months, giving you nearly 4 months to get to the uk , not the 28 days,, so it should be a problem of the past soon


  21. #21
    Respected Member Tiggers0608's Avatar
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    Quote Originally Posted by joebloggs View Post
    it's changed now thou, for the last few months a spouse visa should be valid for 27 months not 24 months, so the problem that some people on here have, that is they came to the uk more than 28 days after the start date of their visa, which means they cannot be in the uk for the required 23 months which enables them to apply for ilr, becuase their visa has expired already, it should not happen any more, as your visa should now be valid for 27 months, giving you nearly 4 months to get to the uk , not the 28 days,, so it should be a problem of the past soon
    i wonder if we're part of the past and we're still in the 28 days zone lol, or we're in the 27 month zone lol


  22. #22
    Moderator joebloggs's Avatar
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    [QUOTE=Mrs Daddy;103907]
    Quote Originally Posted by joebloggs View Post

    Lets see how it goes joeits a matter of wait and seecross finger well get it with flying color
    the way things are now (with new spouse visa's being valid for 27 months, i'm sure they have some sort of concession here for those who have the same problem as you, and your only a week over the 28 days , but you've appiled more than a month b4 you should have , you will probably still get it, so don't worry

    just read the guidence notes fully next time


  23. #23
    Respected Member Mrs Daddy's Avatar
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    [QUOTE=joebloggs;103911]
    Quote Originally Posted by Mrs Daddy View Post

    the way things are now (with new spouse visa's being valid for 27 months, i'm sure they have some sort of concession here for those who have the same problem as you, and your only a week over the 28 days , but you've appiled more than a month b4 you should have , you will probably still get it, so don't worry

    just read the guidence notes fully next time
    yes my highness
    to loved and beloved is the greatest joy on earth...


  24. #24
    Moderator joebloggs's Avatar
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    Quote Originally Posted by Tiggers0608 View Post
    i wonder if we're part of the past and we're still in the 28 days zone lol, or we're in the 27 month zone lol
    i had to apply for flr for the misses for less than 6wks, what a waste of form filling, time and money wasted and that was 3 yrs ago


    so yes those on 27 months and even some of those on 24 month visa will not have to face this problem


  25. #25
    Moderator joebloggs's Avatar
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    [QUOTE=Mrs Daddy;103912]
    Quote Originally Posted by joebloggs View Post

    yes my highness
    now thats what i have to call the wife, or nothing gets done




  26. #26
    Respected Member Mrs Daddy's Avatar
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    [QUOTE=joebloggs;103914]
    Quote Originally Posted by Mrs Daddy View Post

    now thats what i have to call the wife, or nothing gets done


    good thinking
    to loved and beloved is the greatest joy on earth...


  27. #27
    Respected Member Ann07's Avatar
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    [QUOTE=joebloggs;103786]
    Quote Originally Posted by Ann07 View Post

    if you was on a fiancée visa Anne, and you got married in the UK, then applied for FLR, you don't face the same problem as Mrs.Daddy, you can apply for ILR upto 28 days b4 you FLR expires.
    Really appreciate that Joe
    Thats what i thought at first

    Thanks very much for that very helpful info.
    Happy christmas to your family


  28. #28
    Respected Member Tiggers0608's Avatar
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    [QUOTE=Mrs Daddy;103916]
    Quote Originally Posted by joebloggs View Post

    good thinking
    good luck to your application for ILR


  29. #29
    Respected Member Mrs Daddy's Avatar
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    tnx tiggers
    to loved and beloved is the greatest joy on earth...


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