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Calculating 5yrs - Confusion!

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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fOOt
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Calculating 5yrs - Confusion!

Post by fOOt » Wed Jan 30, 2019 11:46 pm

Hi All,

I hope someone has an answer to my query. I am due to apply for ILR through 5-year Tier 2 General route.
---
My current visa is valid until 30/03/2019
Date when my first application for Tier 2 was acknowledged (have a letter) - 24/03/2014. This application was approved 04/04/2014.
---
The guidance on calculating continuous 5 years states that:
Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application
My question is if I have to get an extension? Or am I eligible to apply for ILR? Shall i use the date of application or visa issue date to calculate 5 years!!!
---
Many thanks in advance.

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Casa
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Re: Calculating 5yrs - Confusion!

Post by Casa » Thu Jan 31, 2019 12:09 am

Visa issue date, assuming the initial visa was issued outside of the UK.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

fOOt
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Posts: 13
Joined: Mon Jul 28, 2014 9:52 pm

Re: Calculating 5yrs - Confusion!

Post by fOOt » Thu Jan 31, 2019 6:11 pm

Casa wrote:
Thu Jan 31, 2019 12:09 am
Visa issue date, assuming the initial visa was issued outside of the UK.
Thanks for the response.
The Tier 2 visa was applied and issued whilst i was in the UK (under post study work visa at that point).
Will that make a difference?

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CR001
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Re: Calculating 5yrs - Confusion!

Post by CR001 » Thu Jan 31, 2019 10:57 pm

Still visa issue date.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

fOOt
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Posts: 13
Joined: Mon Jul 28, 2014 9:52 pm

Re: Calculating 5yrs - Confusion!

Post by fOOt » Thu Jan 31, 2019 10:59 pm

thanks mate

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