ILR visa – 5 years continuous residence query?

[Airboss]

Hi,

I would appreciate some help if possible with this query on applying for the ILR visa.

I am currently on the Tier 1 (General) Visa, with the following details:

Visa start date: 16/10/2010
UK entry: 21/11/2010 (36 days after my visa started)
Visa end date: 16/10/2015

I want to apply for the ILR visa to extend my stay in the UK however I have read two conflicting pieces of information on the Home Office website about the calculation of the 5 years continuous residence to qualify for the ILR visa, which I am now not sure I qualify for since I arrived in the UK 36 days after my visa started, so will not have physically been in the UK for 5 years when my visa expires.

On the latest guidance notes for the SET(O) application form [version 04/2015] it states that the start date for calculating the period in the UK is from the date you enter the UK. However, in the ‘Guidance –ILR – calculating continuous period in the UK – v12.0’ document [published in August 2015] it states that I can count my start date from my visa start date, not the entry date.

Which piece of information is correct? Can I assume it is the ‘Guidance –ILR – calculating continuous period in the UK – v12.0’ which was updated in August 2015 and therefore I qualify for the 5 years continuous residence?

I appreciate any help here.

Regards,

Mike

SET(O) application form [version 04/2015]

“There is a qualifying period to complete in most of the categories on this form. It runs either from
• the date on which you entered the UK with a visa in the relevant category; or, if you did not enter the UK with such a visa, from
• the date on which you were first granted permission to remain in the UK in the relevant category.

If you entered the UK with a visa several weeks or more after the date from which it was valid for use, you may need to apply for an extension of stay to complete the relevant qualifying period.”

Guidance –ILR – calculating continuous period in the UK – v12.0

https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

“Period between the issue of entry clearance and entering the UK

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 from the UK if it does not exceed 90 days…”

[CR001]

You can use your visa start date if you entered the UK within 90 days of that date, which you clearly did.

[Airboss]

Thanks CR001,

I'd hoped that was the case, and had read some previous posts that indicated it was, but those posts were all prior to April 2015, so not sure whether the new SET(O) application form changed that? But that application form also alludes to applying for an extension of stay which doesn't even exist anymore, so it seems a bit incorrect, so I'm going to go with your response and the guidance notes that I'm eligible for the ILR.

Cheers,

Mike