ILR qualifying period start date

[imm27]

Hi,

I have a query about filing my ILR application.

My immigration history is below:

Visa type – Tier 1 (General)
Entry Clearance (Visa stamping date) - Oct 20, 2009
UK Entry – Dec 26, 2009 (67 days after visa stamped)
Current Visa Expiry (after extension) – Jan 16, 2015

Can I apply for ILR 28 days before Oct 20, 2014 (entry clearance date) taking advantage of the new rule which states:

“The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. The period of delay will not be counted as an absence if it does not exceed 90 days.”

Or would I have to wait till Dec 26, 2014 and apply for visa after I complete full 5 years stay in the UK ? I mean can the above rule apply to me as I have already been granted total visa which exceeds 5 years ?

Thanks a lot for your time.

Regards,
Vishal

[uday2509]

Yes, You can apply 28 days before Oct 20, 2014.

All the best,
Uday

[imm27]

Yes, You can apply 28 days before Oct 20, 2014.

All the best,
Uday

Thanks very much for your reply.

I just needed to clear the main confusion I have.

Does the 90 day rule apply to everyone regardless of the expiration date of the current visa or it can only be used in cases of exception where applicant is short of visa in completing 5 years ?

I mean can the caseworker raise objection to the fact that my current leave expires on Jan 16, 2015 (total visa exceeds 5 years) and so I should have waited till Dec 26, 2014 (when I complete full 5 years residence in the UK).

Thanks again for your time.

[nacir]

Hi, Can you please tell me where did you read this; “The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. The period of delay will not be counted as an absence if it does not exceed 90 days”?

I am also in the same boat. My visa was stamped on Oct 6, 2009. I entered the UK on Nov 5, 2009 (almost 30 days after my visa got stamped). Does that mean that I can also apply for my ILR 28 days before Oct 6, 2014 (visa stamp date) or will I become eligible for ILR 28 before Nov 5, 2014 (when I actually entered the UK)?

Can you please provide any link to the passage you quote above, i.e. “The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. The period of delay will not be counted as an absence if it does not exceed 90 days”. It'll be appreciated..

Cheers

[imm27]

Hi, Can you please tell me where did you read this; “The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. The period of delay will not be counted as an absence if it does not exceed 90 days”?

I am also in the same boat. My visa was stamped on Oct 6, 2009. I entered the UK on Nov 5, 2009 (almost 30 days after my visa got stamped). Does that mean that I can also apply for my ILR 28 days before Oct 6, 2014 (visa stamp date) or will I become eligible for ILR 28 before Nov 5, 2014 (when I actually entered the UK)?

Can you please provide any link to the passage you quote above, i.e. “The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. The period of delay will not be counted as an absence if it does not exceed 90 days”. It'll be appreciated..

Cheers

No problem, here's the link:

https://www.gov.uk/government/uploads/s ... eriods.pdf