Clarification on ILR application 28-days rule

[arKas]

I've been reading several thread on this forum, and elsewhere, but am still confused about when I become eligible to apply for SET(O) at a PEO.

Here are my details:

Tier-1 (General) approval granted: Jan 2009
Tier-1 (General) start date: 01-04-2009
Date of first entry to the UK: 24-04-2009
Tier-1 (General) extension approval received: Apr 2012
BRP expiry date: 10-05-2014

I'd greatly appreciate any help with figuring out the first date I become eligible for making the application at a PEO!

[vignezh]

Could you please clarify if you were on HSMP initially? Because, for Tier 1, the date you are granted is the date the visa is issued and then you will have a entry to UK date.

[arKas]

Thanks for the response. No, I was never on HSMP. I applied for Tier-1 General while I was living in the US, and my entry clearance start date (as per visa stamped on my passport) was 01-04-2009. I entered the UK for the first time on 24-04-2009.

[vignezh]

Thanks for the response. No, I was never on HSMP. I applied for Tier-1 General while I was living in the US, and my entry clearance start date (as per visa stamped on my passport) was 01-04-2009. I entered the UK for the first time on 24-04-2009.

Please double check with seniors here. But I believe as you entered the UK within 90 days from the entry clearance date, your clock starts on 1st April 2009 and as such your 5 year period will complete on 1st April 2014 and you are eligible to apply for ILR from 4th March 2014. If you are in doubt, you can email workoperationalpolicy@homeoffice.gsi.gov.uk. They confirmed it for me.

[Mind_The_Gap]

Hi arKas,

Welcome to the forum!

vignezh is on the money.

01 Apr 2009* + 4years 11months 2days** = on or after Tuesday, March 4, 2014

* 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

[arKas]

Thanks for the responses guys!

I didn't realize I was already eligible. I thought it was 28 days before 5th anniversary of first entry in the UK, so I was waiting till March 27th. But then a coworker (whose husband is applying for ILR as well) said that I was wrong on this and I should ask for clarification on here. Glad I did!

[arKas]

BTW, I did email as suggested above, and I got this response:

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I am unable to confirm which date you are eligible to make an application for ILR.

I can confirm that Tier 1 (General) applicants are required to have a five year continuous period in the UK and as long as an applicant entered the UK within 90 days of obtaining entry clearance, the period from when they obtain entry clearance could be included in the continuous five year period.

I can also confirm that you are able to make an application for ILR up to 28 days before you reach the qualifying period for ILR.
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