At what point does 5-year continuous period start for ILR?

[ajackett]

Hi all,

I've been delving through a lot of these posts and hoping to find an answer to my query, but no such luck.

Basically, at what point of the visa will the 5-year continuous period for ILR start? I presume it will be from the visa start date, but want to make sure.

I plan to have the UK Ancestry visa starting say 31 July, but may only be entering the UK 6 weeks later. Does this 6 weeks count to my 90-days outside of the UK for the year, and also the 180 days in total? I will not be in paid employment at this time.

I don't want to be cutting into my "days-contiuous period" too much just in case I become ineligible for ILR later when my visa expires.

Cheers!

[gidoc]

It starts the day you enter UK, irrespective of the Visa issue date.
best wishes

[vinny]

However, if you enter within three months, there is now more discretion.

[ajackett]

Great, thanks to both of you for your help. I'll have a read through that document.

Just to clarify however, can the timeline of my visa be like this?

1 May 2011 Apply for visa
23 May 2011 Biometrics interview
31 July 2011 Visa "valid from date" (nominate this date on application)
10 September Enter UK, and start the continuous period

I'm just getting a bit confused on when I can apply for the visa, have it valid from, enter the UK and then satisfying the 90-day ILR eligibility. All comes from wanting to travel Europe for 6 weeks before I look for work in UK![/b]

[genorp]

If you know when you're coming then it's better to get the entry clearance to start on that date. That way you avoid the need for discretion. Discretion is just that. It's not a rule, it's up to the case worker. You do yourself no favors by looking for loopholes then trying to exploit them since loopholes are easily closed. Who knows what the rules or what discretion will be around in 5 years so base your plans on the known and not the possible.
6 weeks out of 5 years is not much by comparison. Is it really worth the risk and confusion just so you can travel around? That's my 2 cents.

[xyz123]

However, if you enter within three months, there is now more discretion.

Only if the current leave expires before completing standard qualifying period.