28 days early ILR application

[Chase53]

Hi all,

First of all I know this question has been answered many times however it is for my friend who is not convinced at all. We are having a bit of debate

His Tier 1G visa expires on 29th September 2015, with which he will complete exactly 5 years on Tier 1 G visa (In uk application).

I was saying to him that he can book a PEO appointment on 1st september 2015 which is exactly 28 days before his visa expires. However he argues that he can only book the appointment from 2nd September onwards.

So guys, who do you think is right?

Cheers in advance.

[CR001]

It is not a competition, but either date is fine.

[Chase53]

Haha I know, but he argues that he is right.

Anyway, thanks for confirming and I will leave it up to him. Cheers

[CR001]

As I am a person that ALWAYS errs on the side of caution, I would book an appointment say 25 days before I am eligible, just in case because with HO, you never know.

[mnaeem126]

In my opinion; even 29 days before the day of fifth anniversary of your visa issue date (if you entered UK within 90 days otherwise your entrance date) should not be a problem because you complete 5 years 1 day before your fifth anniversary and in this way you would not have leave to remain for the first 28 days of your fifth year (actually it is your first year in UK but ILR period is calculated from date of ILR application to backward) and this is acceptable by home office. They have mentioned this in the guidance for the case worker for calculating the residence period where it says, "The applicant may not have had leave in a qualifying route for up to 28 days at the start of Year 5 (in this example, between 11 November 2010 and 29 November 2010). This is acceptable. (Page 20/33)
https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

[Chase53]

@mnaeem126 Wow cool and thanks for the link. It clears my doubt completely