ILR Question - 6.1 When did you first enter UK?

[ashwini_k]

I am trying to complete the SET(O) form and I a bit confused with the following question

6.1 When did you first enter UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which the application is based.

I first came to UK on Tier 2 on 13 June 09. I moved to a Tier 1 (G) visa and entered the UK on the 22nd November 09. For my application I am using 20-Dec-09 to 20-Dec-14 as the qualifying 5 year period. Which date should I use? totally confused.

Please guide me!

[ashwini_k]

I was on Tier 2 ICT visa from June 2009. In November 2009, I switched to Tier 1 (G) abroad and entered the UK in November 2009. However, while entering the UK, the border officer used the tier 2 visa for letting me into the UK. They did not cancel the Tier 2 visa

I used the tier 1 visa for the first time on 12 February. I now have an ILR appointment in mid december. What would be the qualifying period start for my Tier 1? Can I apply for the visa in December or do I have to wait until 18th January to apply for my Tier 1.

FYI, I was in the UK during November-January time frame.

Senior members, Please advice. Should I reschedule appointment for 20 january?

[ashwini_k]

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.

I found this rule on the forum. Would it apply to my case?

Seniors please advise, I need to decide what to do with appointment soon. Thanks!

[walldorfian]

Guys

I am under the same impression. please can you help us.

Tier-1 Start Date : 15.Feb.2009
First Time Entry : 09.Apr.2009 ..stayed for a week or so
Second Time Entry : 07.Sept.2009 ..been resident since then

Applying in December 2014 in order to satisfy the 2 year rule for spouse.

what should be the answer? or does it not matter as the 5 year preceding the application satisfies the ILR rule?

thanks,
walldorfian

[argus7]

Why didnt you apply for ILR in April 2014 as you completed five years since April 2009

[walldorfian]

My wife was not eligible in April; I decided to wait for ~8 months in order to apply together.

[argus7]

My wife was not eligible in April; I decided to wait for ~8 months in order to apply together.

OK, so you took another extension?

[ashwini_k]

Argus, Any view on the eligibility date for my set(o) application?

[walldorfian]

[quote="argus7"][quote="walldorfian"]My wife was not eligible in April; I decided to wait for ~8 months in order to apply together.[/quote]

OK, so you took another extension?[/quote]

yes, i was prepared to go for another extension as per the initial rule, anyways ( no-more than 90 days in a stretch, no-more than 180 days across 5 years!)

i was too confused (i am still today!) with the flr(m) vs pbs-dependant. additionally, there was an issue in understanding the 2-year vs 5-year settlement in case she went on to use flr(m).

[argus7]

for ILR only the current rules apply.

Please see the ILR continuous residency period PDF

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

Thanks,