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Utterly confused with 5-year time period

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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navsingla
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Joined: Tue Jun 10, 2014 10:12 am

Utterly confused with 5-year time period

Post by navsingla » Tue Jun 10, 2014 11:29 am

Hi all...

I have read through the guidance regarding the 5-year continuous stay for ILR eligibility and the numerous discussions on this forum regarding the matter. However, I am still utterly confused and could not find any official documentation to allay my confusion. My situation is as below:

Tier 1 (General) Valid From: 1 May 2010
First Entry into UK: 17 Aug 2010

Renewed last year, and now valid until: 27 April 2015

I am not sure if I need to go in for another renewal before I can apply for ILR. Please advise, and if possible provide any relevant links to the rules (I have seen official documentation regarding the 180 day rule, but nothing regarding 90-day rule for first entry). Please help. Given the recent increase in fees, another extension will mean a lot of money out of the pocket for my family of 3.

braintree
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Re: Utterly confused with 5-year time period

Post by braintree » Tue Jun 10, 2014 11:59 am

Hi navsingla,

There is a document on this link called "Indefinite Leave to Remain - calculating continuous residence period"
http://lifeintheuk.net/index.php/after_ ... dence_ilr/

I have copied what you need:

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. If the delay is more than 90 days, none of the period between entry clearance being issued and the applicant entering the UK can be included in the continuous period calculation

Hope this helps!

Good luck!!

ashafqat
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Re: Utterly confused with 5-year time period

Post by ashafqat » Tue Jun 10, 2014 12:02 pm

I think unfortunately you might need another extension

Amber
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Re: Utterly confused with 5-year time period

Post by Amber » Tue Jun 10, 2014 12:42 pm

From 28 days before 17 Aug 2015.
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Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

navsingla
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Posts: 10
Joined: Tue Jun 10, 2014 10:12 am

Re: Utterly confused with 5-year time period

Post by navsingla » Tue Jun 10, 2014 3:55 pm

Thanks all for replying to me... I understand the time period rules now.

Another doubt I have is that my initial visa was valid from 1 May 2010 for 3 years. Then I got an extension from 27 April 2013 for 2 years. As per 245CB, should I have received a 3 year extension and not 2 years? If yes, then how can I get this corrected?

Amber
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Re: Utterly confused with 5-year time period

Post by Amber » Tue Jun 10, 2014 5:29 pm

If you have a dispute, write to the UKVI.
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Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

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