ILR and 28 days rule

[Shamino]

Hi all

I have some questions regarding applying for Indefinite Leave to Remain in the UK.

1. How would you work out the following scenario:

(Assuming applicant meet all other requirements for his ILR application)

Applicant on a Tier 2 General Visa
Tier 2 (General) visa start Date :- 25/01/2013
Employment contract start Date :- 01/02/2013
Entered to UK on :- 17/02/2013 (Less than 90 days)

What is the earliest date I can apply submit my ILR application, based on the 28 days rule? Would this be based on the Tier 2 (General) visa start Date, employment contract start date or the date I physically entered the UK?

2. Can I submit my application in person at a premium service centre as per the earliest date for question 1?

3. How long does it take for the premium service to confirm my Indefinite Leave to Remain status? Would this be on the day?

4. When applying for British Citizenship, the statement

"had settlement (‘indefinite leave to remain’) in the UK for the last 12 months if you’re from outside the European Economic Area (EEA)"

Is the last 12 months based on the date of confirmation of ILR? Is there also a 28 days rule for British Citizenship?

Many thanks in advance

Cheers

[zimba]

What is the earliest date I can apply submit my ILR application, based on the 28 days rule? Would this be based on the Tier 2 (General) visa start Date, employment contract start date or the date I physically entered the UK?

28 days from completing your 5 years, which is calculated from the visa issue date

2. Can I submit my application in person at a premium service centre as per the earliest date for question 1?

Yes

3. How long does it take for the premium service to confirm my Indefinite Leave to Remain status? Would this be on the day?

Same day decision unless case worker believes more information/checks are required

4. When applying for British Citizenship?

One full year from the date ILR is granted

[Shamino]

Wow thanks for the quick reply Zimba88

I was worried that the period between 25/01/2013 to 17/02/2013 would not count as allowable absences.

So technically, I could apply for ILR on the 29/12/2017?

Many thanks again

Cheers

[zimba]

Yes but the initial period will be considered an absence from the UK which must be below 180 days in the first year for the ILR to be successful

[Shamino]

Hi Zimba88

thanks for the reply again

I got this message from the Freedom of Information

"If you have entered the UK within 180 days of your initial Tier 2 visa being granted, then your 5 years
qualifying period will start from the date of entry into the UK.

Please see the following link on the gov.uk website which provides information on how you can calculate your continuous residence: "

They don't mention the entry into the UK within 90 days rule, and states the qualifying period will start from the date of entry into the UK.

Has the rules changed? I have ask for further clarification, but based on their answer, this might suggest that its 28 days prior to me physically entering the UK on 17/02/2013?

Do you know why there is some discrepancies?

Cheers

[CR001]

You have either mistyped or misread or asked wrong. It is WITHIN 180 days. If more than 180 days, only then is it from date of visa.

See page 14 in link below.

https://www.gov.uk/government/uploads/s ... -v15.0.pdf

[Shamino]

Hi CR001 & Zimba

Thank you for your prompt relies

@CR001, I'm a little more confused with your reply.

I posted on Freedom of Information exactly as per my message thread here

https://www.whatdotheyknow.com/request/ ... ng-1007928

I have a tier 2 visa with the following details:
Applicant on a Tier 2 General Visa
Tier 2 (General) visa start Date :- 25/01/2013
Employment contract start Date :- 01/02/2013
Entered to UK on :- 17/02/2013 (Less than 90 days)

On my Tier 2 Visa, at the top of the visa, it says "UK Entry Clearance", followed by the valid from 25/01/2013. I am presuming the visa start Date:- 25/01/2013 is the Entry Clearance date?

I also have a stamp on my visa, which is the date I entered the UK on the 17/02/2013.

The gap between my visa start Date and the date I entered the UK is 23 days.

I have read some posts on the forums, which stated the gap between the visa start Date and the physical date of entry must be within 90 days, in order to apply 28 days prior to the visa start date?

The Freedom of Information has stated this as 180 days as per your link suggests. However, my gap is well within both 90 or 180 days.

On page 14, it mentions

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. Any absences between the date of
issue and entry to the UK are considered an allowable absence. This period will
count towards the 180 days allowable absence in the relevant 12 month period. The
applicant does not need to provide evidence to demonstrate the reason for delayed
entry.
If the delay is more than 180 days, you can only include time after the applicant
entered the UK in the continuous period calculation.

The above information suggests that the gap (period between entry clearance being issued and the applicant entering the UK may count towards the qualifying period.

Wouldn't this suggests that my qualifying years commenced from 25/01/2013, i.e. my Visa start date?

I am under the assumption that the Visa start date and the Entry Clearance date are the same date.

Could you point me in the right direction? if possible, if I am wrong, also clarify that I can only apply 28 days prior to the stamp date on my visa (i.e. 17/02/2013).

Very much appreciated for the assistance and clarification.

Cheers

Tom

[zimba]

You can apply as advised within 28 days from completing your 5 years from your visa ISSUE DATE

[Shamino]

Many thanks for the re-clarification Zimba

I'll be aiming for ILR on the 29/12/2017

Cheers again