ILR- 5 year completion

[anumkh]

hi all,

I have asked this question before but still not clear. I am going to ask again. Kindly advise me accordingly:

I have applied my 1st Tier 1(G) application on 04-04-2010 and application was refused. I went for appeal and my appeal was successful and I got my 1st tier 1 visa on 22-10-2010 for 3 years. I got extensin on 08-10-2013 for further 2 years valid till 08-10-2015. My question is shall I start my continuous period from 04-04-2010 as my appeal was successful. If yes thats means i am able to apply my ILR application any time after 04-04-2015 or i have to follow VISA dates ?

04-April 2010 apply , Refused and appeal was successful . Got 1st Tier 1 (G) on:

22-10-2010 - 22-10-2013
Got extension on:
08-10-2013 - 08-10-2015.

kindly advise when i am able to apply ILR?

[cs95tdg]

Same question raised and answered under the following thread.

http://www.immigrationboards.com/uk-tie ... l#p1178305

[anumkh]

Same question raised and answered under the following thread.

http://www.immigrationboards.com/uk-tie ... l#p1178305

Dear cs95tdg Thank You, In this thread you have mentioned that i am eligible for ILR after 04-04-2015 as my appeal was successful . I just want to confirm this point as i have met few solicitors and they said you can not apply and i have to follow visa dates. e.g 1st visa issued on 22-10-2010 so i can apply within 28 days before 22-10-2015.

[ I would like to apply my ILR application in person. Shall I apply within 28 days , if yes from which date I have to calculate my 28 days? from 22/10/2010 or 08/10/2013? Yes you can, from 04/04/2015, as your appeal was successful.]

That's why i have raised this question again .

[cs95tdg]

If your appeal and subsequent extension application were made in-time & successful, yes you can apply from 04/04/2015.

As stated previously if your appeal was made in-time, I.e. within the time period stipulated by the HO after their refusal, then you would be covered by section 3D until a decision was made on the appeal. Likewise if your subsequent extension application was made in-time prior to your former leave expiring then you would be covered by section 3C. Thereby you would not have a break in your continuous residence. The following information may help you understand these two provisions.

http://www.legislation.gov.uk/ukpga/1971/77/section/3C
http://www.legislation.gov.uk/ukpga/1971/77/section/3D

[anumkh]

If your appeal and subsequent extension application were made in-time & successful, yes you can apply from 04/04/2015.

As stated previously if your appeal was made in-time, I.e. within the time period stipulated by the HO after their refusal, then you would be covered by section 3D until a decision was made on the appeal. Likewise if your subsequent extension application was made in-time prior to your former leave expiring then you would be covered by section 3C. Thereby you would not have a break in your continuous residence. The following information may help you understand these two provisions.

http://www.legislation.gov.uk/ukpga/1971/77/section/3C
http://www.legislation.gov.uk/ukpga/1971/77/section/3D

Dear "cs95tdg" Thanks for clarification. Much appreciated.