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Thread: ILR Question

  1. #1
    Respected Member IainBusby's Avatar
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    ILR Question

    Hi All,
    I wonder if anyone can help with something that has been worrying me a bit with regard to ILR for my wife and step-daughter. Firstly, my wife was granted her visa in mid September 2006 and arrived here in the UK at the end of September which puts her well within the 28 day rule.

    We did not however apply for my step-daughter's visa at the same time and she was eventually granted a settlement visa sometime in the first quarter of 2007 and came to live in the UK at the end of August 2007.

    My question is, can we apply for ILR for both of them at the same time and hopefully, with only one fee, or will either the fact that my step-daughters visa application was separate from my wife's or that my daughter didn't come to the UK for at least six months after the visa was granted, mean that we we would have to apply separately for her and in which case, possibly even have to apply for FLR for her first and then ILR next year.
    Cheers,
    Iain.


  2. #2
    Respected Member vbkelly's Avatar
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    * Public Enquiry Office - Birmingham

    0870 606 7766

    Dominion Court, 41 Station Road, Solihull, Birmingham, B91 3RT
    * Public Enquiry Office - Croydon

    0870 606 7766

    Lunar House, 40 Wellesley Road, Croydon, CR9 2BY
    * Public Enquiry Office - Glasgow

    0870 606 7766

    Festival Court, 200 Brand Street, Govan, Glasgow, G51 1DH
    * Public Enquiry Office - Liverpool

    0870 606 7766

    Reliance House, 20 Water Street, Liverpool, L2 8XU
    * Public Enquiry Office - Sheffield

    0870 606 7766

    Vulcan House, Orchard entrance, 6 Millsands, Sheffield S3 8NU
    hi ya try to phone birmingham office to inquire a month before visa expiry


  3. #3
    andypaul's Avatar
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    Joe bloggs had a lot of dealings with the PEO with an issue i think similar.

    From what i remeber he was getting advice which differed from various people he rang in the PEO.

    Joe was your Wife and Step sons application seperate?


  4. #4
    Respected Member LadyJ's Avatar
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    Ian, Im sure Joe can give you advice because he went on this situation before.

    JOOOOOOOOOEEEEEEE WHERE ARE YOU???
    Not an expert, I only try to help.


  5. #5
    Moderator joebloggs's Avatar
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    i'm here,

    if she is under 18, then she can go on your wifes ILR app as a dependent, and its only one fee

    it doesn't matter how long your stepdaughter been in the uk, unlike your wife, who must have been in the uk 2yrs (- upto 28 days) b4 she can apply for ILR, as your stepdaughter is a dependent of your wife, what happens to your wife, will happen to your stepdaughter visa wise.

    oh i never go to the peo , i wouldn't pay the extra, its the principle of it


  6. #6
    Moderator joebloggs's Avatar
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    Quote Originally Posted by andypaul View Post
    Joe bloggs had a lot of dealings with the PEO with an issue i think similar.

    From what i remeber he was getting advice which differed from various people he rang in the PEO.

    Joe was your Wife and Step sons application seperate?
    andy your memory is 50/50 right

    my stepson was 18, so he had to have his own ilr app, also a fee, but he was still a dependent of his mom. so he had to be given the same outcome as his mom (ILR)

    and you should know i would never pay the gov more than i need to, so i've never been to a peo, as long as you've got the evidence requested, you will almost certaintly be granted FLR or ILR, unlike other visas, as you've already done the hard work getting here


  7. #7
    Moderator joebloggs's Avatar
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    Quote Originally Posted by LadyJ View Post
    JOOOOOOOOOEEEEEEE WHERE ARE YOU???
    riding your bike ladyJ, nice day for it..



  8. #8
    andypaul's Avatar
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    Quote Originally Posted by joebloggs View Post
    andy your memory is 50/50 right


    I'm amazed its that much but i can well remember you learning just about every facet of the ILR rules and regs im suprised the PEO's dont ring you up for advice


  9. #9
    Respected Member kimmi's Avatar
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    Quote Originally Posted by joebloggs View Post
    riding your bike ladyJ, nice day for it..



  10. #10
    Respected Member Mrs Daddy's Avatar
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    Joe,in my case i had my spouse visa last january 2007 then I came over to uk about the first week of february.do you think I have to apply for FLR instead of ILR but i`ve never been out from Uk ever since I arrived here
    to loved and beloved is the greatest joy on earth...


  11. #11
    Moderator joebloggs's Avatar
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    Quote Originally Posted by Mrs Daddy View Post
    Joe,in my case i had my spouse visa last january 2007 then I came over to uk about the first week of february.do you think I have to apply for FLR instead of ILR but i`ve never been out from Uk ever since I arrived here
    what are the exact dates ?


  12. #12
    Respected Member IainBusby's Avatar
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    Quote Originally Posted by joebloggs View Post
    andy your memory is 50/50 right

    my stepson was 18, so he had to have his own ilr app, also a fee, but he was still a dependent of his mom. so he had to be given the same outcome as his mom (ILR)

    and you should know i would never pay the gov more than i need to, so i've never been to a peo, as long as you've got the evidence requested, you will almost certaintly be granted FLR or ILR, unlike other visas, as you've already done the hard work getting here
    Cheers Joe,
    I don't know if it will make any difference because my step-daughter is only nine, but I hope so, otherwise it's £1500
    Iain.


  13. #13
    Moderator joebloggs's Avatar
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    under 18 that makes the difference,,

    18 or over, and you have to pay, if your a dependant or not

    only time you will save money in the visa process, applying for FLR or ILR if you have a under 18yr old


  14. #14
    Moderator joebloggs's Avatar
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    thinkiing about FLR brought back happy memories

    I applied for FLR for the misses and kids, just b4 my stepson was 18

    one app, one fee for the 3 of them.. only time i had a on myface while paying for a visa

    even after paying money out for one FLR app, thinking what if it was a seperate fee for each




  15. #15
    Respected Member Mrs Daddy's Avatar
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    Quote Originally Posted by joebloggs View Post
    what are the exact dates ?
    joe,I havent got my passport with me coz we`re not at home at the moment but as far as I remember the date on my passport that the visa been issued was about jan.6,2007 and then I came over uk at about feb.09,07.I am confused now pls help:bigcry
    to loved and beloved is the greatest joy on earth...


  16. #16
    Respected Member Peanutz's Avatar
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    Quote Originally Posted by Mrs Daddy View Post
    joe,I havent got my passport with me coz we`re not at home at the moment but as far as I remember the date on my passport that the visa been issued was about jan.6,2007 and then I came over uk at about feb.09,07.I am confused now pls help:bigcry
    I am little bit confuse about the day I should apply my ILR like you Mrs Daddy.

    On my passport, my visa was granted 18.07.07 valid until 18.07.09 and I entered UK on 03.08.07...When I have to apply my ILR?

    Do I need to apply it 20th of June or 6th of July (if I count the 28 days before 03.08.07?




    'We dance in a circle and suppose, while the secret sits in the middle and knows'

    R.F.


  17. #17
    Respected Member Mrs Daddy's Avatar
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    Quote Originally Posted by Peanutz View Post
    I am little bit confuse about the day I should apply my ILR like you Mrs Daddy.

    On my passport, my visa was granted 18.07.07 valid until 18.07.09 and I entered UK on 03.08.07...When I have to apply my ILR?

    Do I need to apply it 20th of June or 6th of July (if I count the 28 days before 03.08.07?


    where is joe when we needed him?Joe...
    to loved and beloved is the greatest joy on earth...


  18. #18
    Moderator joebloggs's Avatar
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    Quote Originally Posted by Mrs Daddy View Post
    joe,I havent got my passport with me coz we`re not at home at the moment but as far as I remember the date on my passport that the visa been issued was about jan.6,2007 and then I came over uk at about feb.09,07.I am confused now pls help:bigcry
    well if you go off them dates,
    you need to be in the uk 2yrs - (upto 28 days)
    the (minus upto 28 days) is the earliest date you can apply for ilr

    so say your visa started 6 jan 2007 and so expires 6 of jan 2009

    iyou must be in the uk 2yrs - (upto 28 days) so you came
    9th feb 2007 and that + 2yrs is 9th of feb 2009

    9th of feb 2009 - (upto 28 days) is err 12th of jan 2009 is the earliest you can apply for ilr

    but hold on your visa expired 6th of jan 2009

    you need to be in the uk another 6 days to apply for ILR (12 jan 2009) and your visa will have expired on the 6th of jan 2009..

    you're told not to apply earlier than 28days, and you would need 34 days,,

    was you going to goto the PEO ? or was you going to post your app ?

    if i was you. i would take the risk and send your ILR app, i would post it, and send it special delivery and make sure they get it the day b4 or the day your visa expires, so post on the 4th of jan, they will have it on the 5th, and hopefully by the time they start to process it, you will have been in the uk 2yrs -28 days and maybe pay by cheque if you can, that will slow your app down a bit ..

    hope this helps , now i'm confused

    in other words,
    your visa say starts 6th jan 2007 and is valid for 2 yrs, so it expires 6th jan 2009

    look at the date you came into the uk, 9th feb 2007, count how many days from the start date of your visa to the day you entered the uk,,

    so from the 6th jan to 9th feb is errr.. 34 days (the same 34 days we had b4)
    if the number is bigger than 28 days, you may have a problem,, inyour case 34..

    in the case of peanutz..

    in my passport, my visa was granted 18.07.07 valid until 18.07.09 and I entered UK on 03.08.07...When I have to apply my ILR?

    Do I need to apply it 20th of June or 6th of July (if I count the 28 days before 03.08.07?


    her visa started 18/7/07 so 2 yrs is 18/07/09

    she entered the uk 3/08/07 , so she entered the uk 16 days after her visa start date..

    so its less than 28 days

    if we take 28 days -16 days = 12 days (that the range of days she has to apply , from the earliest to the latest date)

    if we take the 12 days off 18/07/09 that is the earliest peanutz can apply

    err she can send her app on the 5th of july upto 16th of july 2009 ( could be 17th but thats a friday and you really want them to get your app on a working day, not a saturday or sunday)


    hope this helps


  19. #19
    andypaul's Avatar
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    Quote Originally Posted by joebloggs View Post
    well if you go off them dates,
    you need to be in the uk 2yrs - (upto 28 days)
    the (minus upto 28 days) is the earliest date you can apply for ilr

    so say your visa started 6 jan 2007 and so expires 6 of jan 2009

    iyou must be in the uk 2yrs - (upto 28 days) so you came
    9th feb 2007 and that + 2yrs is 9th of feb 2009

    9th of feb 2009 - (upto 28 days) is err 12th of jan 2009 is the earliest you can apply for ilr

    but hold on your visa expired 6th of jan 2009

    you need to be in the uk another 6 days to apply for ILR (12 jan 2009) and your visa will have expired on the 6th of jan 2009..

    you're told not to apply earlier than 28days, and you would need 34 days,,

    was you going to goto the PEO ? or was you going to post your app ?

    if i was you. i would take the risk and send your ILR app, i would post it, and send it special delivery and make sure they get it the day b4 or the day your visa expires, so post on the 4th of jan, they will have it on the 5th, and hopefully by the time they start to process it, you will have been in the uk 2yrs -28 days and maybe pay by cheque if you can, that will slow your app down a bit ..

    hope this helps , now i'm confused

    in other words,
    your visa say starts 6th jan 2007 and is valid for 2 yrs, so it expires 6th jan 2009

    look at the date you came into the uk, 9th feb 2007, count how many days from the start date of your visa to the day you entered the uk,,

    so from the 6th jan to 9th feb is errr.. 34 days (the same 34 days we had b4)
    if the number is bigger than 28 days, you may have a problem,, inyour case 34..

    in the case of peanutz..

    in my passport, my visa was granted 18.07.07 valid until 18.07.09 and I entered UK on 03.08.07...When I have to apply my ILR?

    Do I need to apply it 20th of June or 6th of July (if I count the 28 days before 03.08.07?

    her visa started 18/7/07 so 2 yrs is 18/07/09

    she entered the uk 3/08/07 , so she entered the uk 16 days after her visa start date..

    so its less than 28 days

    if we take 28 days -16 days = 12 days (that the range of days she has to apply , from the earliest to the latest date)

    if we take the 12 days off 18/07/09 that is the earliest peanutz can apply

    err she can send her app on the 5th of july upto 16th of july 2009 ( could be 17th but thats a friday and you really want them to get your app on a working day, not a saturday or sunday)


    hope this helps

    The ILR rule always gets me going, rather talk about SQL for a few hours

    I know someone once on the THAI site had a very neat explantation which i used when working it out but never kept a copy.

    If you need calulation best to ring up the peo they work it out so often that they can tell you straight off while looking at a calendar


  20. #20
    Moderator joebloggs's Avatar
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    oh sql, im in with that now, 7 wks behind now

    why did i bother


  21. #21
    andypaul's Avatar
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    Quote Originally Posted by joebloggs View Post
    oh sql, im in with that now, 7 wks behind now

    why did i bother
    7 weekssss

    You need a very shiny apple for your teacher me thinks

    Sql the only thing that bores me more in this field is
    ITIL but its where the money is just make sure you stock up
    with matchsticks


  22. #22
    Moderator joebloggs's Avatar
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    tell me about it andy, and i knew better than to do it, who needs to count sheep, one look at an sql query and its lights out..

    soon as this is finished with, i'm doing mcse server 2003 or 2008

    i'm offwork wed,thur,fri, so i've got 5 days to cram 70hrs of sql in


  23. #23
    Respected Member Mrs Daddy's Avatar
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    tnx joe the thing there is if i take a risk of applying IlR and then GOd`s Forbids turned it down.I may not get my money back
    tnx a lot your an angel


  24. #24
    Respected Member Mrs Daddy's Avatar
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    Quote Originally Posted by joebloggs View Post
    ..

    in the case of peanutz..

    in my passport, my visa was granted 18.07.07 valid until 18.07.09 and I entered UK on 03.08.07...When I have to apply my ILR?

    Do I need to apply it 20th of June or 6th of July (if I count the 28 days before 03.08.07?


    her visa started 18/7/07 so 2 yrs is 18/07/09

    she entered the uk 3/08/07 , so she entered the uk 16 days after her visa start date..

    so its less than 28 days

    if we take 28 days -16 days = 12 days (that the range of days she has to apply , from the earliest to the latest date)

    if we take the 12 days off 18/07/09 that is the earliest peanutz can apply

    err she can send her app on the 5th of july upto 16th of july 2009 ( could be 17th but thats a friday and you really want them to get your app on a working day, not a saturday or sunday)


    hope this helps
    So in your case peanutz you have nothing to worry about your safe.Goodluck to both of us
    to loved and beloved is the greatest joy on earth...


  25. #25
    Respected Member vbkelly's Avatar
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    girls just phone these offices which near with you and ask and get an application form a month before your visa expiry bcoz thats what i did

    * Public Enquiry Office - Birmingham

    0870 606 7766

    Dominion Court, 41 Station Road, Solihull, Birmingham, B91 3RT
    * Public Enquiry Office - Croydon

    0870 606 7766

    Lunar House, 40 Wellesley Road, Croydon, CR9 2BY
    * Public Enquiry Office - Glasgow

    0870 606 7766

    Festival Court, 200 Brand Street, Govan, Glasgow, G51 1DH
    * Public Enquiry Office - Liverpool

    0870 606 7766

    Reliance House, 20 Water Street, Liverpool, L2 8XU
    * Public Enquiry Office - Sheffield

    0870 606 7766

    Vulcan House, Orchard entrance, 6 Millsands, Sheffield S3 8NU
    hi ya try to phone birmingham office to inquire a month before visa expiry
    Edit/Delete Message


  26. #26
    Moderator joebloggs's Avatar
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    Quote Originally Posted by vbkelly View Post
    girls just phone these offices which near with you and ask and get an application form a month before your visa expiry bcoz thats what i did


    qualifying period for ILR is 2 years in the UK - upto 28 days

    not 28 days b4 your visa expires


    "You should use application form SET(M) if you:

    already have temporary permission to stay in the United Kingdom (limited leave to remain) as the husband, wife, civil partner, or unmarried or same-sex partner of a permanent resident;
    have lived here for two years in this category; and
    are still married or in a civil partnership and plan to live together.

    If you delayed your journey to the United Kingdom by weeks or months from the date you received your visa, your visa will run out before the end of your two-year qualifying period and you may need to apply to extend your visa, using application form FLR(M) (see Applying to extend your visa for more information on doing this).

    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.

    You must be in the United Kingdom to apply. For information on obtaining initial permission to come to the United Kingdom in this category, see Can I live in the United Kingdom? To extend your temporary permission to stay in this category, see Applying to extend your visa.'

    http://www.bia.homeoffice.gov.uk/ukr...ionformset(m)/


  27. #27
    andypaul's Avatar
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    Quote Originally Posted by joebloggs View Post
    tell me about it andy, and i knew better than to do it, who needs to count sheep, one look at an sql query and its lights out..

    soon as this is finished with, i'm doing mcse server 2003 or 2008

    i'm offwork wed,thur,fri, so i've got 5 days to cram 70hrs of sql in

    enjoy and get Mr admin to block you form the site so you get the work done.

    Its gotta be done companies are still crying out for "skilled" workers the lower levels of sysadmin are either being offshored or simply the wages are to low even in London.

    So any ideas you do with all these skills i thought you going to sit under a tree in phill in a few years?

    Seriously if you can handle the sheer boredom of the books and courses gem up and pass all the itil exams. Loads of consultant and trainers jobs at quite a few hundred a day plus


  28. #28
    Moderator joebloggs's Avatar
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    Quote Originally Posted by andypaul View Post

    So any ideas you do with all these skills i thought you going to sit under a tree in phill in a few years?

    Seriously if you can handle the sheer boredom of the books and courses gem up and pass all the itil exams. Loads of consultant and trainers jobs at quite a few hundred a day plus
    i still intend to sit under a plam tree and do nothing for many years, while the misses works , that might not be for another 10yrs

    looks like i'll look for a job in one of the big 3rd party maintenace/contract companies. i can blag them as to what i can do

    my bro is skilled in sql/informix, unix, programming etc, but most of the times he's installing CCTV.


  29. #29
    Moderator joebloggs's Avatar
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    looking back at how i was showing how to work out when you could apply for ilr, i didn't do it too well

    PEANUTZS ILR,

    her visa started 18/7/07 so it expires in 2 yrs on the 18/07/09

    she entered the uk 3/08/07


    the qualifying period for ILR is 2 years in the UK

    so thats the date she entered the uk 3/8/07 + 2yrs = 3/8/09


    the earliest you can apply for ILR is 28 days before the 2 year qualifying period
    so 3/8/09 - 28 days = 6 july 2009


    and the lastest date peanutz can apply is the day her visa expires 18/7/09 (if you use peo, sooner if your using the post)

    so peanutz can apply btw the 6th of july to the 18th of july 2009

    but neverjust take my word, i know nothing , always check with the relevent body



  30. #30
    andypaul's Avatar
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    Quote Originally Posted by joebloggs View Post
    looking back at how i was showing how to work out when you could apply for ilr, i didn't do it too well

    PEANUTZS ILR,

    her visa started 18/7/07 so it expires in 2 yrs on the 18/07/09

    she entered the uk 3/08/07


    the qualifying period for ILR is 2 years in the UK

    so thats the date she entered the uk 3/8/07 + 2yrs = 3/8/09


    the earliest you can apply for ILR is 28 days before the 2 year qualifying period
    so 3/8/09 - 28 days = 6 july 2009


    and the lastest date peanutz can apply is the day her visa expires 18/7/09 (if you use peo, sooner if your using the post)

    so peanutz can apply btw the 6th of july to the 18th of july 2009

    but neverjust take my word, i know nothing , always check with the relevent body

    Joe if your bored in the next three days with so little to do you could write a little applet which works it out for peeps


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