# Indefinite leave to remain -HELP



## Kalai (Nov 28, 2011)

Hi, 

It would be great if someone could point me in the right direction plz.

I am from India been in Britain just over 6 years in my work permit. I had applied for my indefinite leave to remain using Set (O) form and posted it on 5/10/11. My money has been withdrawn from my account. I have not received any acknowledgement letter until now even after me writing to them on 3/11/11 as per their advice. My working visa runs out on Jan 12th 2012 and I am worried. I have quite a lot of ridding on this considering my responsibilities.

The questions I need directions for are

1.)	Does everyone get an acknowledgement letter?
2.)	I have heard it could take up to 6 months. What will happen to me if I had not received my IDLR by end of Jan 12th 2012? Will I be kicked out of the country?
Will I lose my job?
3.) What if they declined my application after 6 months , would I be kicked out immediately, because my working visa would have expired by then. 

4.) Is there any way that I can upgrade now to a premium service?
5.)	Do I make a complaint? Or speak to an Immigration adviser?

Plz help, 

Thanks 

Kalai


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## Joppa (Sep 7, 2009)

Kalai said:


> Hi,
> 
> It would be great if someone could point me in the right direction plz.
> 
> ...


Usually, but not inevitably. As your money has been taken, you can assume your application has been received and accepted.



> 2.)	I have heard it could take up to 6 months. What will happen to me if I had not received my IDLR by end of Jan 12th 2012? Will I be kicked out of the country?
> Will I lose my job?


Your existing visa will be automatically extended, with same conditions, until they decide on your case. So you can continue in work until you hear from them.
Current processing time by post is between 9 and 18 weeks, with most people getting their decision in around 10 to 14 weeks. You are around 7.5 weeks in so all being well you should hear by the end of year or in January.



> 3.) What if they declined my application after 6 months , would I be kicked out immediately, because my working visa would have expired by then.


No. You have the right of appeal. If it fails, you can still apply for extension on your work visa if you get new certificate of sponsorship (if on Tier 2) and you otherwise meet the conditions.



> 4.) Is there any way that I can upgrade now to a premium service?


No you can't. It had to be done when you applied. You can withdraw your application and re-apply under premium service, but you will lose the fees already paid and have to pay again for premium service.



> 5.)	Do I make a complaint? Or speak to an Immigration adviser?


You have no ground for complaint as they haven't broken any rules or made a mistake in processing. You can speak to an advisor but probably they say the same thing. My comment is only a general one as I don't know the specifics of your application.


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## nyclon (Apr 3, 2011)

I don't know the answer to all your questions. 

1.
2. You are covered under your current immigration status until your application is decided. See 16 on Set O Guidance.
3.
4. You can't upgrade to premium service after you have already sent in the application.
5. According to the UKBA website 95% of cases are decided in 6 month's time. As it's only been about 6 weeks, you hardly have a basis for a complaint.

UKBA website waiting times:

UK Border Agency | Waiting times

Also, you are supposed to apply for Indefinite Leave to Remain no more than 28 days before your visa expires. As you have applied 3 months before your visa expires, you do face the risk of having your application denied and losing your application fee. See 5 on Set O Guidance.


Set O Guidance:

http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/settlement/guidseto04091.pdf


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## Joppa (Sep 7, 2009)

nyclon said:


> Also, you are supposed to apply for Indefinite Leave to Remain no more than 28 days before your visa expires. As you have applied 3 months before your visa expires, you do face the risk of having your application denied and losing your application fee. See 5 on Set O Guidance.
> 
> 
> Set O Guidance:
> ...


OP has been on work visa for over 6 years, so has already met the 5-year qualifying period, unless of course some of the time spent was on a visa/leave that doesn't count towards settlement such as working holiday or PSW.


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## Kalai (Nov 28, 2011)

Thx guys for quick response . It has put my mind at peace . I was mis-informed it would only take 6-8 weeks . Cheers


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