ILR Qualifying dates- Please review my calculations -Thanks!

[RBC]

Dear All,

I have just made my PEO appointment for ILR and I'd like to double check with the forum that I have not made any errors in calculating my qualifying period.

Date of Entry Clearance stamp (Tier 2 General): 06/08/2013

Year 5: 6 August 2013 to 7 August 2014
Year 4: 6 August 2014 to 7 August 2015
Year 3 : 6 August 2015 to 7 August 2016
Year 2: 6 August 2016 to 7 August 2017
Year 1: 6 August 2017 to 7 August 2018

Date Completion of Qualifying 5 Year Period: 7 August 2018

Earliest Day to Apply (under 28 day rule): 10 July 2018

Date of PEO appointment: 11 July 2018 ( this just became available and wanted to reserve even though it leave little room for date calculation error-that's why a bit nervous about calculations)

I have not had many absences from the UK during my qualifying period I arrived in London 10/09/2013, but I've read that this delay can be included in my allowable absences. I've only had 53 absences from the UK during 5 years due to annual leave, which is distributed over the years 2014-2017.

I used the online date calculator to enter 5 years from Entry clearance date-- then subtracted 28 days from that date for this result.

I've just booked my PEO appointment for 11 July 2018 (adding a day to be safe).

It would be great to have confirmation that I've calculated this correctly.

Thanks so much!

[apsk]

Calculation looks right.

[TreeHugger7]

28 days should be subtracted from 06/08/2013 as that's when your visa was valid from ?

So earliest you can apply is 09/07/2018.

[zimba]

28 days should be subtracted from 06/08/2013 as that's when your visa was valid from ?

So earliest you can apply is 09/07/2018.

Incorrect. It is 28 days FROM the day you become eligible

[RBC]

Incorrect. It is 28 days FROM the day you become eligible
[/quote]

zimba88 I am very concerned with your response that 28 days before is incorrect in that we must wait 28 days FROM ( AFTER) our 5 year date.

This is from the UK immigration guidance notes set O 11/2017:

"Please do not apply more than 28 days before completing the qualifying period. If you apply earlier than that, your application may be refused. If that happens, we will not refund the fee and you willhave to pay again when reapplying."

This is from our payment acceptance letter - please read second paragraph

For settlement applications:

"If you are applying for settlement (known as ‘indefinite leave to remain’), please ensure that your premium appointment is within 28 days of you completing your qualifying period. If it is not, you should reschedule or cancel your appointment.

If you attend a premium service appointment and submit your application more than 28 days before completing your qualifying period your application will normally be refused. If that happens, we will not refund the visa application fee and you will have to reapply and pay again.


So you are saying i have to wait 28 days AFTER my 5 year period BEFORE i can have apply?
Or could this be the case that the word "of" or "within" "from" are being used as in " I am within 5 minutes of/from reaching my destination" for lack of a better example.

[RBC]

28 days should be subtracted from 06/08/2013 as that's when your visa was valid from ?

So earliest you can apply is 09/07/2018.

Incorrect. It is 28 days FROM the day you become eligible

Here are more examples: FOIA response from Croydon Immigration:


Thank you for your email correspondence of 09 February.



A Tier 1 migrant who entered the UK within 90 days from the date of their
visa being issued may submit their application for Indefinite Leave to
Remain up to 28 days before the 5th anniversary of the date of issue of
their entry clearance provided they meet all the requirements for
settlement.

And

If the 5 year completion is on the 02 May 2016, the qualifying 28 days period will start from 04 April 2015.

I am sorry I cannot be of further assistance.

Yours faithfully,

Xxxxxxx
UK Visas and Immigration

[zimba]

28 days before the 5 year completes. Not 28 days after it

[RBC]

28 days should be subtracted from 06/08/2013 as that's when your visa was valid from ?

So earliest you can apply is 09/07/2018.

Incorrect. It is 28 days FROM the day you become eligible

quote=zimba88 » Wed May 30, 2018 6:36 pm

28 days before the 5 year completes. Not 28 days after it /quote




So you agree treehugger was correct and not incorrect as you replied?

Thank you for replying with the correct rules though!

[zimba]

28 days should be subtracted from 06/08/2013 as that's when your visa was valid from

I said this is incorrect. It is 28 days subtracted from the end of the period. Little misunderstanding up there

[TreeHugger7]

So basically correct formula is...

Date of issue - 29 days = first day you can apply ?

So if op's brp says issue date = 17-07-2013, earliest he can apply on is 20-06-2018 ?

Which means he can book appointment for 20-06-2018 and not earlier then that ? Not 19-06-2018 ?

This matter is getting so confused, I am thinking about creating a 2 column calendar showing 2 dates, one for issue and one for earliest people can apply.

[TreeHugger7]

Also anniversary is same day e.g. if date of issue is 17-07-2013 then 5th anniversary will be 17-07-2018...

Just like your birthday remains same date every year.

[CR001]

So basically correct formula is...

Date of issue - 29 days = first day you can apply ?

So if op's brp says issue date = 17-07-2013, earliest he can apply on is 20-06-2018 ?

Which means he can book appointment for 20-06-2018 and not earlier then that ? Not 19-06-2018 ?

This matter is getting so confused, I am thinking about creating a 2 column calendar showing 2 dates, one for issue and one for earliest people can apply.

28 days not 29 days.