5 year continuous period for ILR

[fm_181]

Today home office announced new rules for ILR.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

In that rules one good thing we can see is

AnnexB section 2.2

Applications that fall of 5 year continuous period:

In some cases applicants may have been granted five year continuous leave but will not have spent five years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date applicant entered the UK towards the five years, provided period was not longer than 3 months.

Now I want to discuss my case.

Entry Clearance got: 10 August 2007, visa valid until 10 August 2009
Entry in UK: 20 September, 2007 (40 days later)
Ist extension got on 29 July, 2009 (11 days earlier), visa valid until 29 July 2012.

Now if I apply for ILR let's say on 20 July, 2012 will I meet 5 year continuous requirement condition (My total absences currently are around 150 and will definitely be less than 450 by 20 July, 2012. Also my absences from Uk in last one year will be less than 90)

UKBA website page for ILR says, you can apply 28 days before you qualify did it
http://www.ukba.homeoffice.gov.uk/settlement/

Please do not send us your application more than 28 days before you become eligible to apply. If you do, we may refuse your application with no refund of the application fee (where a fee is charged). However, you must make your application before your current permission to stay in the UK expires.

So again question is, will I be eligible to apply for ILR on 20 July 2012 considering u can apply 28 days before and h can count the period between entry clearance and when u entered in Uk (provided period is less than 3 months)

Senior members please help.

[rizwan567]

I also discovered this yesterday and posted my feedback http://www.immigrationboards.com/viewto ... ht=#478183 but nobody left any feedback.

I also think that this 3 months concession applies to Tier 1 General now.

I think 28 days policy is not applicable when this concession is in force. I am just assuming this its not written anywhere and only UKBA can clarify this.

[fm_181]

I think counting the time between entry clearance and first entry in Uk ( provided it is less than 3 months) and 28 days before you become eligible to apply are two different things. Obviously one has to apply before his current leave expires and so it will be always few days less than before you become eligible to apply.


It will be good to have other members feedback on it.

[rizwan567]

I am surprised to see lack of feedback and replies on such an important post. Because so many of forum members (for ILR) were complaining and in need of second extension due to shortfall of few days or weeks.

This is a great news for all of them and I am surprised to see lack of responoses and feedback from all of them.

[antouk]

Does the initial 90days count towards the 180days rule for ILR?

[rizwan567]

I am not sure but I think it does count.

[jonathan_sugabo]

I just want to know if the clause below also applicable for me even if im not under tier 1 or tier 2. I am a work permit holder under business and commercial work permit and I'am short of 2 days between my date of entry and visa granted.



AnnexB section 2.2

Applications that fall of 5 year continuous period:

In some cases applicants may have been granted five year continuous leave but will not have spent five years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date applicant entered the UK towards the five years, provided period was not longer than 3 months.



Thanks