90 Days Rule Confusion

[diyaabcd]

Hello All,

Can you please help me with the below query:

02/06/2010 - Tier 1 General Visa Issued
18/08/2010 - Entered UK (Under Three Months)
May 2012 - FIled for Extenstion
Extension Granted in Oct 2012 until Oct 2015 (Delay due to UKBA, received additional 5 months visa)
05 Years completion on 02/06/2015

I was planning to apply for ILR in the middle of May 2015, 20 days prior to 02/06/2015, using 90 days rule as I landed in UK in two and a half months. I am using professional services for the filing processes and have been advised that I should wait until July 2015 because 90 days rule will not be applicable in my case since my visa does not expire in June but in Oct 2015 instead.

Can someone please let me know as I need to clear my confusion regarding the 90 days rule and take the decision to apply in May or July. I need to confirm if the 90 days rule will apply in my case or not.

Would appreciate your valuable feedback!

Thanks for all your help.

[krishna6693]

The professional advice does not appear to be correct. You are eligible to apply 28 days before 02 June 2015. Of course as long as you qualify the continuous period.

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

[diyaabcd]

Thank you very much for the quick reply Krishna6693!

So just a follow up query on the response.. does it mean that the extra validity of visa in my case (i.e. until Oct 2015) does not void my 90 days period?

I am just wanting to be double sure and not wanting make any mistake in understanding in any way.

Many thanks again for your response!

Much appreciated

[krishna6693]

I'm sure you are fine. The lines I have provided you is my personal email communication with HO. My situation was opp to yours. And I contacted HO.
Read this post.
http://www.immigrationboards.com/uk-tie ... l#p1147712