ILR - T2 General - Continuous Period

[anub2016]

Hi,

Below is an excerpt from the current Continuous Period Guidance (Version 15.0, 06 April 2017) for ILR -

Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period. However, the specified continuous period is always counted backwards from the date the ILR application is submitted. For example, if an applicant would have reached the end of a specified 5 years with leave in a qualifying route on 30 November 2016 and they apply on 11 November 2016, the consecutive periods would be as follows:

* year 1 – 11 November 2015 to 12 November 2016
* year 2 - 11 November 2015 to 12 November 2014
* year 3 - 11 November 2014 to 12 November 2013
* year 4 - 11 November 2013 to 12 November 2012
* year 5 - 11 November 2012 to 12 November 2011

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 2011 and 29 November 2012). This is acceptable.


Per the rule above, it seems that the applicant must have leave at the start of Year 5, either in a qualifying route or a non-qualifying route (maximum of 28 days acceptable in case of non-qualifying route). Based on this rule, would someone, who has entered the UK on a Tier 2 General visa (granted for less than 5 years) and is having a shortfall of less than 28 days for the full 5 Years, qualify for ILR without an extension?

Many Thanks.

[anub2016]

Could the Moderators/Experts please advise on this?

Many Thanks.

[katanayi]

are you here to test members knowledge by giving an example?
why do not you clear your problem with your immigration history?

[anub2016]

Hi katanayi,

I appreciate that you took out some of your precious time to post a reply, but it would have been great had your response been worth your efforts.

I don't believe anyone joins this marvellous forum to test the knowledge of other members, especially the Moderators who have helped so many people in achieving their final goal. You yourself might be reaping the benefits of this group since 2009. Had I been so knowledgeable, I would have been using my time to help other members of this forum and not posting my own queries.

It's a fact that the available guidance documents on the immigration rules are not always very clear and hence get open to interpretation. My purpose behind citing the excerpt from the guidance (the example mentioned is the same as in the guidance) is to make my query clearer and get a satisfactory clarification on that piece of information.

Could I request you or other members to throw some light on my query?

Many Thanks.

[katanayi]

My apologies, my only intension for my post is members get better understanding if you put your details.

[zimba]

Per the rule above, it seems that the applicant must have leave at the start of Year 5, either in a qualifying route or a non-qualifying route (maximum of 28 days acceptable in case of non-qualifying route). Based on this rule, would someone, who has entered the UK on a Tier 2 General visa (granted for less than 5 years) and is having a shortfall of less than 28 days for the full 5 Years, qualify for ILR without an extension?

You fulfill the continuous qualifying period requirement if the shortfall is less than 28 days IN TOTAL.
You can apply for ILR as long as on the day of application, you have had qualifying continuous leave for at least 5 years minus 28 days in total.

Let's say you get a 5 year visa. If you apply for ILR for example 20 days before completing the 5 years, the continuous period will be counted backwards from the day of your application and logically there will be shortfall in the beginning of 20 days. That is fine as the shortfall is equal or less than 28 days.