Four days short of ILR Qualifying Period

Hello All,

I'm in the throes of applying for a new visa - my current visa (two year civil partnership visa) expires very soon, and I thought I'd easily get a ILR visa... then I looked closely at the rules.

My visa was issued on 25 April 06, but I didn't enter the UK until 28 May 06, meaning that on 25 April 08, I will have been in the country for 2 years less 33 days.  The ILR requires 2 years less 28 days before you can apply...

I called the BIA help line, and was instructed to send in both applications (postal route) with a good covering letter, as sometimes the officer reviewing the application can take pity and issue the ILR instead of the FLR visa, especially if they don't get around to reviewing the application immediately.

But then I had to call for another question, and the chap I spoke with that time said that I shouldn't include both applications as it may confuse the officer, and they might just dismiss the application.

Who to believe???

Does anyone have experience with this?

Thanks in advance for your advice!

The 25th April is a Friday, which is great news for you!

Send the ILR application in on 25th.  Send it by second class recorded delivery, and keep the slip.  This is evidence that the application was sent in time, and that you remain in the UK legally.  Send payment by cheque, not credit card.

The application will reach the payment centre on Monday 28th or Tuesday 29th.  By the time the cheque has cleared, it's 31st or 1st.  By the time it reaches the caseworker, it's the 2nd or 3rd, and therefore within the 28 days...

 

Vicky

Oh my!  Thanks for pointing that out!  (If only it were next weekend's bank holiday, it would be a complete slam-dunk.)

I'm a bit nervous about using Royal Mail Recorded, though - I've only sent things recorded delivery twice, and both were lost en route...  I'd be absolutely devastated if that happened with the passports in there. (The laughable bit is that I've never had problems with unrecorded post going missing.)

If I send it on the Friday, even by Special Delivery next working day, it wouldn't arrive until the afternoon of 28 April, which is only one or two days shy (it's 29 days between then and the 28th May, not including that day or 28 May itself).  Even if the cheque is presented straightaway on the 28th April, it would still clear during the 28-day qualifying period! 

I'm guessing that means they don't check eligibility / start working on the file until after the payment has cleared?  Do you think I should I still include both applications with two different cheques (or would they be cheeky and pay in both), or just the SET(M) form with that cheque? 

Vicky, thank you so much for your help!  I've searched through the forums for more information on this topic and several others, and your advice and clarification has been so very helpful!  (Just out of curiosity, how did you get into this field?!)

It'd be so nice to have the ILR instead of the FLR!  We've had problems househunting, as my partner's mortgage company (Cheltenham & Gloucester) won't take my income into account until my immigration status is more "secure."

Thanks again,

Steve

I really think you shoudl do as I recommend.  I do this a lot...the most recent was Christmas, when it worked like a charm - except that I was away, so I ended up having to ask my Dad to go to the post office for my client the day after Boxing Day to make sure the package went at just the right time!

They won't start processing the application until payment is cleared.  And they have to send the application from the payment centre in Durham to the caseworking department in Sheffield or Croydon.

I really think that you should only send the SET (M).

I got into this field through a strange twist of fate 10 years ago...

Vicky

I never thought I'd be pleased to hear that the payment centre is in a different place than the case working centres, but government bureaucracy (not to mention the Royal Mail) is definitely working to my advantage in this case!!

Thank you!

Steve

I got into this field through a strange twist of fate 10 years ago...

Oh do tell! I know I'm interested now...

It's a long story of politics, lust and intrigue...best told over a pint....

 

Vicky

You sure do know how to entice a girl to a meetup! 

It's a long story of politics, lust and intrigue...best told over a pint....

 

Vicky

Well now I'm interested!

Vicky, I'd love to treat you to a pint or a few, perhaps once this gets sorted out!

I posted the application on Friday, Recorded 2nd class. Unfortunately, when I checked in on it this morning I saw that it was delivered the next day, on the 26th!

As it's a PO Box, I'm guessing that nobody will pick it up until today, and that the cheque still won't be paid in until later today, which will still hopefully mean that they won't send it for caseworking until the 1st/2nd at the earliest (cheques still take about three - five days to clear, right?!).  Well, I'm keeping my fingers crossed, anyway!

Will post when I hear back from the Home Office...

Cheers,
Steve

How annoying that the one time you want the post office to be rubbish they are actually efficient 

But yes, they won't present the cheque until today, it shouldn't clear for three days, so you should still be okay.

Beer most welcome, anytime, as always 

Vicky

Going to be interesting to see what happens. I'm in the same boat and actually went to the immigration office in Solihull to extend my visa, which the people on the phone told me to do.  Once I got there, they told me I couldn't because it was "too soon".

I have also been instructed to send in my app by post and write a letter saying please excuse the 3 days, per the instructions of the manager I spoke to.

The guy told me that 3-4 days "unofficial" extension is not unheard of.

Good luck.

~BEG

Just wanted to come back and say that the ILR came through!  They didn't have any contact at all aside from a letter saying the application had been received.

Thanks for all of your help Vicky, and I hope we can meet for that pint sometime soon!

-Steve

Congrats!!  Glad everything worked out perfectly

I just want to vouch for it being a great story though I don't know if Vicky really needed to start it with how her parents met but I'm sure that had nothing to do with our agreement that the pints were on me while she told it.