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ILR period calculation

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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smartkhan
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ILR period calculation

Post by smartkhan » Fri Jan 17, 2014 11:37 am

Hi,

My Tier 1 initial visa issued on 28 May 2009
I entered UK on 7 August 2009
My current extension expiring on 25 June 2014

When is the earliest I can go for ILR?

Any gurus out there to answer my query?

Thanks
Last edited by smartkhan on Fri Jan 17, 2014 2:48 pm, edited 1 time in total.

generaltier1
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Re: ILR period calculation

Post by generaltier1 » Fri Jan 17, 2014 2:22 pm

u may try using the PBS calculator for most appropriate answer .. however, i believe your time begins from the date when your first successful application was submitted

VJAI
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Re: ILR period calculation

Post by VJAI » Sat Jan 18, 2014 4:58 pm

You have entered the UK within 90 days of issuance of your Visa. Hence your date of entry will be counted from the date of grant of entry clearance, ie 28 May, 2009. You are deemed to complete 5 years on 28 May, 2009. Hence you are eligible to apply for ILR on 01 May, 2009, ie within the last 28 days of the date of completion of the 5 years period in the UK.

Hope my reply solves my anxiety.

VJAI

smartkhan
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Joined: Fri Apr 04, 2008 6:55 am
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Re: ILR period calculation

Post by smartkhan » Mon Jan 20, 2014 10:13 am

You mean 1st May 2012 and not 1st May 2009. Correct? :)
VJAI wrote:You have entered the UK within 90 days of issuance of your Visa. Hence your date of entry will be counted from the date of grant of entry clearance, ie 28 May, 2009. You are deemed to complete 5 years on 28 May, 2009. Hence you are eligible to apply for ILR on 01 May, 2009, ie within the last 28 days of the date of completion of the 5 years period in the UK.

Hope my reply solves my anxiety.

VJAI

smartkhan
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Re: ILR period calculation

Post by smartkhan » Tue Mar 11, 2014 4:03 pm

Some people are confusing 90 days concession rule and 28 day rule and mixing it together. Can we apply 28 days before the eligibility or 28 days before current visa expiry?

In my case I think I am eligible for ILR within 28 days before 28th May 2014. I entered on 7th August 2009. So if I apply in first week of May then my total time will not be 4 years 11 months by that time. Is that correct gurus?

_Amber, Casa or vinny? Please help.

smartkhan
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ILR Period Calculation - Amber_, Casa, vinny - Help please

Post by smartkhan » Tue Mar 11, 2014 4:08 pm

Hi,

My Tier 1 initial visa issued on 28th May 2009.
I entered UK on 7th August 2009 i.e. after 71 days.
My current extension expiring on 25th June 2014.

Some people are confusing 90 days concession rule and 28 day rule and mixing it together. Can we apply 28 days before the eligibility or 28 days before current visa expiry?

In my case I think I am eligible for ILR within 28 days before 28th May 2014. I entered on 7th August 2009. So if I apply in first week of May then my total time will not be 4 years 11 months by that time. Is that correct gurus?

When is the earliest I can go for ILR?

Amber_, Casa or vinny? Please help.

Thanks

vignezh
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Re: ILR Period Calculation - Amber_, Casa, vinny - Help plea

Post by vignezh » Tue Mar 11, 2014 4:24 pm

smartkhan wrote:Hi,

My Tier 1 initial visa issued on 28th May 2009.
I entered UK on 7th August 2009 i.e. after 71 days.
My current extension expiring on 25th June 2014.

Some people are confusing 90 days concession rule and 28 day rule and mixing it together. Can we apply 28 days before the eligibility or 28 days before current visa expiry?

In my case I think I am eligible for ILR within 28 days before 28th May 2014. I entered on 7th August 2009. So if I apply in first week of May then my total time will not be 4 years 11 months by that time. Is that correct gurus?

When is the earliest I can go for ILR?

Amber_, Casa or vinny? Please help.

Thanks
Actually I had similar doubt with my ILR qualification. I entered 6 days after visa issued date, I had this confirmed by email by Homeoffice that if you entered within 90 days from the date of issue, you can include these days as part of the qualifying period.

To put in simple terms, your qualifying period starts on 28th May 2009 and hence you can apply 28 days before 28 May 2014.

pinkpop
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Re: ILR Period Calculation - Amber_, Casa, vinny - Help plea

Post by pinkpop » Tue Mar 11, 2014 4:29 pm

Yes it is correct you can apply ilr 28 days before 28.05. It is confirmed by my solicitor as well.

smartkhan
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Re: ILR Period Calculation - Amber_, Casa, vinny - Help plea

Post by smartkhan » Tue Mar 11, 2014 5:33 pm

What will be the answer of this question then?

Set ( O ) 7.11. how long have you lived in the UK?

Amber
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Re: ILR Period Calculation - Amber_, Casa, vinny - Help plea

Post by Amber » Tue Mar 11, 2014 6:08 pm

From 28 days before 28th May 2014.

You state how long you have lived in the UK, it's not a trick question.
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Mind_The_Gap
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Re: ILR Period Calculation - Amber_, Casa, vinny - Help plea

Post by Mind_The_Gap » Tue Mar 11, 2014 7:56 pm

Amber_ wrote:From 28 days before 28th May 2014.

You state how long you have lived in the UK, it's not a trick question.
Thanks ever so much for clarifying this :D

smartkhan
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Re: ILR Period Calculation - Amber_, Casa, vinny - Help plea

Post by smartkhan » Tue Mar 11, 2014 10:38 pm

What are your dates? When are you going to apply?
Mind_The_Gap wrote:Thanks ever so much for clarifying this :D

Mind_The_Gap
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Re: ILR Period Calculation - Amber_, Casa, vinny - Help plea

Post by Mind_The_Gap » Wed Mar 12, 2014 8:07 am

smartkhan wrote:What are your dates? When are you going to apply?
Mind_The_Gap wrote:Thanks ever so much for clarifying this :D
Hi smartkhan,

Entry Clearance Stamp: 01/05/09 (out of country)
Entered UK: 01/06/09
Tier 1 (G) valid till: 30/05/14
Croydon PEO appointment: 04/04/14 (Outside UK Entry clearance stamp date 01/05/09* + 4 years 11 months 3 days**)

* 90 day concession (page22): The entry clearance stamp date is counted as the date of the start of the 5 year lawful residence not the Entry date in the UK itself, under the condition that the Tier 1 G migrant enter within 90 days of the EC.

** 28 days - Please do not send us your application more than 28 days before you become eligible to apply. If you do, we may refuse your application with no refund of the application fee (if a fee is charged for your application type). However, you must make your application before your current permission to stay in the UK expires.

MindTheGap

Mind_The_Gap
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Re: ILR Period Calculation - Amber_, Casa, vinny - Help plea

Post by Mind_The_Gap » Fri Apr 04, 2014 11:49 am

smartkhan wrote:What are your dates? When are you going to apply?
Mind_The_Gap wrote:Thanks ever so much for clarifying this :D
ILR approved at Croydon this morning :D

Entry Clearance Stamp: 01/05/09 (out of country)
Entered UK: 01/06/09
Tier 1 (G) valid till: 30/05/14
Croydon PEO ILR approval: 04/04/14

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