Qualifying period calculation

[aravindb4u]

Hi ppl,

Silly but confusing question really.

My Tier 1 General initial application is valid from 18-Sep-2009 - 18-Sep-2012 (in-country application)
I extended and got it from 18-Sep-2012 - 22-Nov-2014

By 18-Sep-2014 I will be completing 5 years. (yayyyy!!! )
And I am eligible to apply 28 days before, So I am applying for ILR on 23rd Aug 2014.

I am now compiling my absences letter. While doing that how is my 5 years calculated?

is it date of application? or date of eligibility?

ie date of eligilibility,

18-Sep-2014 - 19-Sep-2013
18-Sep-2013 - 19-Sep-2012
18-Sep-2012 - 19-Sep-2011
18-Sep-2011 - 19-Sep-2010
18-Sep-2010 - 19-Sep-2009


OR

date of application,

23-Aug-2014 - 24-Aug -2013
23-Aug-2013 - 24-Aug -2012
23-Aug-2012 - 24-Aug -2011
23-Aug-2011 - 24-Aug -2010
23-Aug-2010 - 24-Aug -2009

But during 24-Aug-2009 I was not on Tier 1 General.

My logic says it is option 1.

But as usual, the UKBA's guidance confuses us with following snippet,

The specified continuous period is counted backwards from the date of the ILR application.
For example, if the date of application is 11 November 2012, the consecutive periods would
be as follows:

Year 1 11 November 2012 to 12 November 2011
Year 2 11 November 2011 to 12 November 2010
Year 3 11 November 2010 to 12 November 2009
Year 4 11 November 2009 to 12 November 2008
Year 5 11 November 2008 to 12 November 2007

Could you guys please help me out?

Many thanks.

[aravindb4u]

Anybody please ?
Even the FAQs here say that I should count backwards from "Date of Application". (ie the date 28 days before qualifying)

My logic says 5 years count backwards from date of eligibility (ie 5 years anniversary since first stamping)

Gurus can you please explain?

thanks in advance

[SKJMR]

Hey that's a good question...
Even I am a bit confused now...coz I am sailing in the same boat...

As far as I am concerned option 1 is right...

Bcoz I am sure second option is not right and nobody can fulfill it ..as anybody who applies 28 days before...5 years prior to that date of application would not be on tier1 ...
But it is tricky as u said...

All seniors n gurus and people who have been in this before...plz advice and suggest...

[SSA_18]

It has to be backdated from the date of your visa application ( peo appointment date or date of posting your application as the case may be)

[aravindb4u]

SSA_18,

If I count backwards from date of PEO appointment then the qualifying period, then initial 28 days of qualifying period doesnt fall under Tier 1 General. Do you think its fine?

Whats your opinion? Any gurus? Amber, Vinny, Casa, Sushdmetha, plz help me. thanks

[Amber]

18-Sep-2009 - 24 August 2014

[aravindb4u]

Perfect & Thanks Amber