ILR Eligibility Info

[dnshah2k]

Hi'

I've following query about my ILR next year.

I got my HSMP (initial 2 yrs.) stamped on 6th Aug 2007 and arrived to UK on 26th Sep 2007. I then got extention(Next 3 yrs.) from UKBA under Tier1 till 6th Aug 2012. In total 5yrs uptill 6th aug 2012.

No I've question when should I apply for ILR next year
28 days before 6th Aug 2012 or
28 days before 26th Sep 2012.

Please advice, I'm aware it too early but want to be on top of it before its too late

Thanks

[sab124]

Since you have entered into the UK on 26 Sep 2007. you will be eligible for ILR 4 years 11 months from then i.e., 28 days before 26 Sep 2012 as as per the ILR SET O form says "date of your first entry into the UK at the beginning of the period of stay on which this application is based."

[dnshah2k]

If I consider what you said I can apply by 30th Aug 2012(28 days from my arrival on 26th Sep 2007) but in my case I've my visa from 6th Aug 2007 - 6th aug 2009 and then up to 6th Aug 2012.

So do I ned to apply for another extension under tier 1 and then ILR on 30th Aug 2012?

as there will be stage where my 5 yrs. visa will expire on 6th aug 2012 and i can't apply for ilr till 30th Aug 2012. so ther will be a gap of 24 days without the visa.
Can you please clarify further?

[chosenaik]

I've just replied to a similar post,. This is n isue for many, so I'm replying to as many posts as possible, hoping this helps others.

My timelines were as below and my employer's legal counsel confirmed that my 5 year anniversary is from date of stamp in my passport and not date of entry. Therefore, i am elegible to apply 28 days before July 2 2012, which in my caser works out to be June 4th 2012 when my current visa expires.


1. Passport first stamped with Work Permit (old style) for entry clearance valid from July 2nd, 2007.
2. Actual landing in / entrance to UK at Heathrow on July 7th, 2007
3. Transferred to Tier 2 (different employer) on May 2nd 2008 expiring on May 2nd 2013
4. Transferred to Tier 1 General on June 4th, 2010 expiring on June 4th, 2012.

[mk357]

I've just replied to a similar post,. This is n isue for many, so I'm replying to as many posts as possible, hoping this helps others.

My timelines were as below and my employer's legal counsel confirmed that my 5 year anniversary is from date of stamp in my passport and not date of entry. Therefore, i am elegible to apply 28 days before July 2 2012, which in my caser works out to be June 4th 2012 when my current visa expires.


1. Passport first stamped with Work Permit (old style) for entry clearance valid from July 2nd, 2007.
2. Actual landing in / entrance to UK at Heathrow on July 7th, 2007
3. Transferred to Tier 2 (different employer) on May 2nd 2008 expiring on May 2nd 2013
4. Transferred to Tier 1 General on June 4th, 2010 expiring on June 4th, 2012.

I am not sure whether this is entirely correct. What Sab124 has said above is right. However, the CW could apply his discretion if the gap between the visa issuance and date of arrival is less than 3 months. But please keep in mind its a discretion and NOT a rule.

[chosenaik]

My post was based on Page 4 of the UKBA Policy Guidlines: “Indefinite leave to remain – calculating continuous period in UKâ€

[dnshah2k]

So Should I be able to apply 28 days before my laste date of Visa (10th July 2012) as I was arrived 7 week later from my entery clearance visa date?

In my case 6th aug 2012 is my last date of Visa based on my first entery clearance visa issued to me on 6th Aug 2007.

Besides this period also count with my other period when I've visited my home ocuntry on holiday which is 17 days in Aug 2008 and 23 days in aug 2011.

Please assist as it will help me arrange my last 12 months employment documents.