28 days and 5 years calculation

[Ilr180]

Hello

I'm becoming eligible to apply for ILR on 30th May as per the new 180 days absence rules. I've been in the UK with the same employer on Work Permit and Tier 2 for nearly 9 years now but I had long absences due to international assignments. So as per my last long absence I shall become eligible on 30th May 2014.

My question is that can I apply on 02 May as per 28 days before becoming eligible rule and show the calculation of 5 years period based on 30 May?

i.e.
Absences:
30-May-14 to 31-May-13 = 18 days
30-May-13 to 31-May-12 = 29 days
30-May-12 to 31-May-11 = 77 days
30-May-11 to 31-May-10 = 19 days
30-May-10 to 31-May-09 = 175 days

So can I show the above calculation if I go to PEO on 2nd May? Or do I have to wait till 30 May to apply because of this calculation requirement?

Also, do they accept IELTS as English language requirement that has been passed 3 years ago? IELTS validity for academic purposes is only 2 years but I read somewhere that is not applicable for ilr application. Just wanted to cross check with the experienced people here.

Many thanks!

[Ilr180]

Any suggestions guys?

[Ilr180]

Can anyone please answer my queries? or direct me to someone who can answer these?
Many thanks.

[Skc84]

You can apply 28 days before 30th May 2014 if your initial entry to uk was within 90 days from EC stamp date.

I am not sure about IELTS question.

Thanks

[smartkhan]

They do accept old IELTS for ILR. This forum is full of such cases. Do some research.

[tier1extend]

Hi ,

Can the 28 day criteria be used only if someone enters within 90 days of stamping.
Where does it say.

[N2012]

Hi ,

Can the 28 day criteria be used only if someone enters within 90 days of stamping.
Where does it say.

No, but if someone enters the UK within the 90 days, their count of five years begins on the date the visa was stamped and they can apply 28 days before that date (after five years).

However if someone enters the UK more than 90 days after the first visa stamping, they cannot count this time and will only be able to apply 28 days before the end of five years since they actually entered the UK.

[Ilr180]

Thank you for the replies. I find this a bit contradictory that you are allowed to apply 28 days before becoming eligible while the continuous stay in the UK guideline suggests that the 5 years absence calculation starts from the day of application. Therefore, based on the above example, I'm still unsure whether I can go to PEO on 02 May (28 days before becoming eligible) and show the calculation starting from 30 May? Because if they calculate the absences from 02 May, then for the 1st year my absences go above 180 days.

It would have been simple if the continuous stay guidance mentioned that the calculation starts from the date of eligibility and not from the date of application.

[N2012]

My understanding is that they don't calculate the period between stamping your first visa and your first arrival to the UK as absence. Your absences are still counted from the day you entered the UK.

[sak20099]

My understanding is that they don't calculate the period between stamping your first visa and your first arrival to the UK as absence. Your absences are still counted from the day you entered the UK.

i also have same understanding that absences are counted from the day of entry and if entry is within 90 days those are included in the qualifying peiod and should not be counted in the absences for that year.

[sidss]

Hi,

My understanding is that If someone is in UK and apply for Tier1 visa then the continuous period calculation is from the date when visa was stamped and not the application date.

Please correct me if I am wrong.

[Sarfi]

Hi,
"You can apply 28 days before 30th May 2014 if your initial entry to uk was within 90 days from EC stamp date" is very CONFUSIVE statement withour any reference. 28 days before date of eligibility for ILR NEVER demand first ENTRY within 90 days. 90 days issue is ENTIRELY different to 28-days both can be applicale or either and neither is dependent on either.

So my understanding is YES; Homeoffice website doesn't demand entry within 90-days to avail 28-days previllage.