Panick as Very Very Urgent Tier 1 to ILR continous period!!

[ranajagandeep]

Respected Members,

Please I need someone to reply on the below scenario as I was all happy & 100% to apply for ILR but came to know from one of the Solicitors whom I consulted, that I will have to apply for second extension not ILR !!

My Scenario is below:
Main Applicant: Myself
1. Application date: 15th Feb 2010
2. Tier 1 Initial Visa stamp on Passport: 12th March 2010 to 12th Mar 2013
3. Arrived in UK on 27th May 2010 with wife and kid (76 days late)
4. Tier 1 visa First extension: 25th March 2013 to 25th March 2015.
5. Dates out of country: Out of country Annual Leave from 14th Dec 2012- 5th Jan 2013 (22 days), no other absences.

Dependant 1: Wife
1. Application Date: 30th March 2010
2. Tier 1 initial Visa: 19th April 2010 to 12th Mar 2013.
3. Arrived in UK on 27th May 2010 with main applicant (76 days late)
4. Tier 1 visa First extension: 25th March 2013 to 25th March 2015.
5. Dates out of country: Out of country Annual Leave from 14th Dec 2012- 5th Jan 2013 (22 days), no other absences.

Dependant 2: Kid
1. Application Date: 30th March 2010
2. Tier 1 initial Visa: 19th April 2010 to 12th Mar 2013.
3. Arrived in UK on 27th May 2010 with main applicant (76 days late)
4. Tier 1 visa First extension: 25th March 2013 to 25th March 2015.
5. Dates out of country: Out of country Annual Leave from 14th Dec 2012- 5th Jan 2013 (22 days), no other absences.

Please help on this as I was pretty much sure that I came 76 days late which is well under and not exceeding 90 days policy.

Please let me know as I have only few days left and will really appreciate !!

Many Thanks
J

[vinny]

I think that you are correct.

[ranajagandeep]

Hello Vinny

So I am okay to apply for ILR.?

Regards
J

[ashafqat]

In my opinion your 5 years will complete on 12th March so you can apply 28 days before this date

For your dependents 5 years will complete on 19th April so they can apply 28 days before this date

You visa is valid till 25th March so guys can apply together on 21st March

What reason solicitor has given you?

[ranajagandeep]

Hello Ashafqat

Thanks. But I am sure that dependents only need 2 years ?

Members- Am I safe in applying for ILR. The link and lines are below:

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

"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."

Please advice !!

Regards,
J

[krishna6693]

Hi - no need to panic.. When are you planning to apply? PEO or Post.. Keep us informed.

The earliest one can apply for Indefinite Leave To Remain under Tier 1General would be 28 days before completing 5 years.

Please be informed that 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.

Please see the link below for further assistance:
https://www.gov.uk/government/publicati ... riod-in-uk