ILR Eligibility

[bettybaroness]

Hi,
Can senior members advise please. I applied for tier 1 general in Sept. 2009 and was refused due to bank statements not complete as at the time of the application. However I have to go through tribunal and was successful, I got a letter in Dec 2009 notifying me that my appeal has been approved and got later got my visa issued for tier1 in Feb 2010. My question now is when does my 5years qualifying period starts, was it when my appeal was approved or when my visa was issued?

[Malik44]

Visa Issued date Feb 2010.

[Mind_The_Gap]

Hi,
Can senior members advise please. I applied for tier 1 general in Sept. 2009 and was refused due to bank statements not complete as at the time of the application. However I have to go through tribunal and was successful, I got a letter in Dec 2009 notifying me that my appeal has been approved and got later got my visa issued for tier1 in Feb 2010. My question now is when does my 5years qualifying period starts, was it when my appeal was approved or when my visa was issued?

Hi bettybaroness,

Welcome to the forum!

What status were you on prior to your Tier 1 application? What is the exact date that is stamped on your Tier 1 visa?

MindTheGap

[bettybaroness]

Hi,
Thanks for your response. I was on PSW prior to switching to tier 1. The tier 1 visa was stamped on the 25/02/2010.

[Mind_The_Gap]

Hi,
Thanks for your response. I was on PSW prior to switching to tier 1. The tier 1 visa was stamped on the 25/02/2010.

Hi bettybaroness,

From Frequently Asked Questions
What is my immigration status while my application is being decided?
If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. You can continue to work until your case is decided if the conditions of your existing leave allows you to do so.

This implies you were still on PSW until 25/02/2010

Therefore you can apply for ILR on or after Tuesday, 27 January 2015

25/02/2010 + 4years 11months 2days*

* 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

[bettybaroness]

Thanks again for your quick response and sorry to bother you again. My timeline is a follows; First tier 1 visa-25/02/2010 - 25/02/2013. After extension, it runs from 29/01/2013 - 29/01/2015. Is it still ok if apply 28 days before 25/02/2015.

Many thanks.

[Mind_The_Gap]

Thanks again for your quick response and sorry to bother you again. My timeline is a follows; First tier 1 visa-25/02/2010 - 25/02/2013. After extension, it runs from 29/01/2013 - 29/01/2015. Is it still ok if apply 28 days before 25/02/2015.

Many thanks.

Hi Bettybaroness,

Happy to help.

You can send an application no more than 28 days before you become eligible to apply.

Consequently, 25/02/2015 - 28days = Tuesday, 27 January 2015

MindTheGap