28 days

[purplepple]

Do I have to enter the UK within 28 days from my work visa start date to be eligible to apply for permanent residence (or probationary citizenship) after 5 years?

[RobinLondon]

As the rules are stated now, yes. That is exactly what you have to do unless you wish to be forced to get a silly short-term extension in five years.

Keep in mind that the rules are likely to be completely different in 2013. Just be prepared for a very bumpy ride with quite a bit of expense, consternation and frustration along the way.

Are you 100% sure that you wouldn't prefer to live someplace else (Canada, NZ, Australia?) Just asking...

[purplepple]

Yes, I understand that rules have been changing. But I can't project what they will be because honestly, anything can happen (good or bad for me).

I do have a PR application with Canada but have decided to pursue the opportunity with UK instead because I have work in UK while in Canada, it will take some time to find one. Given that I have mouths to feed, I can't take that risk right now.

[purplepple]

I am getting confused with this 28 days. Please tell me what is wrong with my analysis.

Suppose my 5-yr work visa starts on April 1, 2008. So it expires on April 1, 2013. If I enter the UK on April 15, 2008, I will only be in the UK for 5 years on April 15, 2013, but my visa would have expired by then.

Now, since we can submit an ILR application at most 28 days before, let's say I sent my application and received by HO on March 15, 2013. If they check if I had been in the UK 5 years before (so that's March 15, 2008), then I wouldn't be eligible since I entered on April 15, 2008.

If I have to be in the UK for 5 years before I apply for ILR, I will only be able to apply on April 15, 2013. But my visa would have already expired by then!

I hope somebody can shed some light on my confused mind! Thanks lots.

[sriram_sa]

Hi,

Is it 28 working days or 28 days including weekend.

Sriram

[vinny]

Hi,

Is it 28 working days or 28 days including weekend.

Sriram

It's 4 weeks.

[sriram_sa]

Does this hold good for HSMP visa holders? I am hearing this rule for the first time and might have to change all my plans... Could you please shed some light on this.

[vinny]

Suppose my 5-yr work visa starts on April 1, 2008. So it expires on April 1, 2013. If I enter the UK on April 15, 2008, I will only be in the UK for 5 years on April 15, 2013, but my visa would have expired by then.

You must not send us your application more than 28 days before the end of your qualifying period. If you do, we may refuse your application with no refund of the fee. However, you must make your application before your current permission to stay in the United Kingdom expires.

In this case, your qualifying period will start when you first enter the UK. You may apply between [(15 April 2013) - (4 weeks)] and [1 April 2013]; i.e. between 18 March 2013 and 1 April 2013.

[purplepple]

vinny,

Now, I know why! The requirement that you should be in the UK 5 years before when HO received the application, is for citizenship and not for ILR!

From BIA website:

Residential requirements

To demonstrate the residential requirements for naturalisation you need to:

have been resident in the United Kingdom for at least five years (this is known as the residential qualifying period); and
have been present in the United Kingdom five years before the date of your application; and
have not spent more than 450 days outside the United Kingdom during the five year period; and
have not spend more than 90 days outside the United Kingdom in the last 12 months of the five-year period; and
have not been in breach of the immigration rules at any stage during the five-year period.

[sriram_sa]

I am getting confused with this 28 days. Please tell me what is wrong with my analysis.

Suppose my 5-yr work visa starts on March 17th, 2008. So it expires on Mar 17th, 2013. If I enter the UK on April 19, 2008, I will only be in the UK for 5 years on April 19, 2013, but my visa would have expired by then.

Now, since we can submit an ILR application at most 28 days before, let's say I sent my application and received by HO on March 01, 2013. If they check if I had been in the UK 5 years before (so that's March 15, 2008), then I wouldn't be eligible since I entered on April 19, 2008.

If I have to be in the UK for 5 years before I apply for ILR, I will only be able to apply on April 19, 2013. But my visa would have already expired by then!

I hope somebody can shed some light on my confused mind! Thanks lots.

[try-one]

Siram,
This is very easy:
- You would have to get a WP extension before the 17th of March 2013. Once you get the extension you will be able to apply for the ILR visa.

Think of it this way: For ILR, person must prove 5 years living in the UK - WP valid for 5 years - if person arives more than 28 days after WP issued, then person can not show 5 years living in the UK - your stay in the UK will be shorter than 5 years by as many days as you delay your arrival to the UK.
Solution: Get in a plane NOW and then go back home (you get the clock going)
Alternative Solution: Ask for an extension when getting closer to the 5 year mark. (probably the extension would cost as much as it costs to take a plane NOW, FLR can be £900...who knows by 2013!)

Personal opinion: all this discussion is academic; clearly by the 2013 legislation would be a whole different world and they would ask you many more things for ILR.....

Suggestion: Don't stop visiting this site, read about the UK immigration system and keep up to date with changes, do not wait until January 2013 to "look if there are any news" if you do that you would be very disapointed......and, enjoy the 2012 games!