ILR issues

[zarqa]

Tier 1 Visa 9 August 2010
First Entry 1 October 2010
What will be the date of getting ILR.

[Lucapooka]

We can only answer this according to the rules in place now. When you extend, and if you extend within a month of your current leave expiring, you will be granted leave until 9 August 2015. You will be eligible for ILR only in Sept 2015 (28 days before Oct 1) as you have a shortfall in your five year residence period due to late arrival. However, you may apply in early August before your leave expires and the period between your entry visa issue and arrival in the UK will be considered to complete the residence period.

[zarqa]

Thankyou..Like what date of August i must apply?

[Lucapooka]

Anytime before the end of your leave.

[varghesejim]

Anytime before the end of your leave.

Incorrect according to current law. The latest date OP can apply is 12th july 2015. He can calculate 5 years from his visa start date if he reached UK within 90 days from visa start date. So calculate 5 years from 9th august 2010 and substract 28 days from the result.

http://www.timeanddate.com/date/dateadd ... &ad=28&aw=

See the latest rule and link below

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

link to the policy doc

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

[Lucapooka]

I disagree with that; I think you might be making an assumption about something that is not stated. The application guidance says please do not apply earlier than 28 days before the end of your qualifying period, which in the case of the OP would be 28 before October 1. The link does not say that it's allowed to use the same reasoning where the qualifying period is not reached and that you may apply 28 days before the end of your leave where that falls short of the qualifying period. I'd like to hear Vinny's opinion on this.

[varghesejim]

I disagree with that. The application guidance says please do not apply earlier than 28 days before the end of your qualifying period, which in the case of the OP would be 28 before October 1. The link does not say that it's allowed to use the same reasoning where the qualifying period is not reached and that you may apply 28 days before the end of your leave that falls short of the qualifying period. I'd like to hear Vinny's opinion on this.

The point here is the qualifying period is calculated from visa start date, not date of entry.They are explicitly not saying you can do this, but the implicit meaning of the guidance is, as long as you reach UK within 90 days of visa start date you can calculate 5 years from visa start date for ILR.

I also would like to get confirmation from senior members though.

[Lucapooka]

It does not say it's calculated from the start date of the visa; it says that the period from the start date to the date of entry may be included (to make up the shortfall in the five years). It's a totally different concept.

If the were otherwise there would be no point in mentioning the date of entry as the qualifying period would begin when the visa was issued.

[varghesejim]

It does say it's calculated from the start date of the visa; it says that the period from the start date to the date of entry may be included (to make up the shortfall in the five years). It's a totally different concept.

No.

[Lucapooka]

No, what?

[varghesejim]

No, what?

Its not a different concept. Its all the same, only complicated by different guidances. The only thing I am doubtful is if they will say this guidance is only for the case workers discretion and not actually a rule.

[Lucapooka]

By your reckoning, rather than mine, the applicant could submit an application for ILR almost 4 months (3 months 28 days) short a five year residence period. They arrive 89 days after their visa is issued and apply 28 days before the fifth anniversary of the visa issue date. I can't interpret the late entry concession in this way.

[varghesejim]

By your reckoning, rather than mine, the applicant could submit an application for ILR almost 4 months (3 months 28 days) short a five year residence period. They arrive 89 days after their visa is issued and apply 28 days before the fifth anniversary of the visa issue date.

Thats exactly what I meant. I cannot find any other scenario for which the late entry concession guidance is useful.

[Lucapooka]

My interpretation is that if they arrive (say) 89 days after the visa is issued they can add the 89 days to the residence period to bridge any gap, but that the residence period began on the day they arrived rather than the day the visa was issued. Let's see how others read this situation. I enjoy these kinds of debates as it gets into the fabric of the rules and it's one of the reasons I joined this forum.

What I will add is that this concept of a qualifying period starting on entry seems to me to be in line with a similar (although not identical) late entry concession that is given to spouse settlement applications. The qualifying period is set from the date of entry rather than the date of EC issuance.

If you were given permission to enter the UK as a husband, wife, civil partner or unmarried/same-sex partner but you then delayed your travel to the UK by up to three months, you can apply to live here permanently using application form SET(M) shortly before your permission to enter ends. As long as you meet the other requirements of the rules, we will put your application on hold until you have completed your two-year qualifying period in the UK

[zarqa]

So is there any effect if i submit my first extension very near to 9 august..which is due in August 2012..Will it have some impact later on,or the issuance of visa..It will be my first extension after 2 years..
9 August 2010 visa issued for 2 years
9 August 2012 extension due
9 August 2015 ILR expected

[Lucapooka]

It will have no effect. This subsequent on-going debate is with regard to the timing of ILR applications that fall short rather than extensions that are made in time.

[varghesejim]

This thread is probably in the wrong place because of which we are not getting responses from seniors. I think this need to be moved to ILR forum.

[varghesejim]

This thread is probably in the wrong place because of which we are not getting responses from seniors. I think this need to be moved to ILR forum.

Thanks for moving this thread to the right forum. Seniors, can we get some light into this issue. Basically the question is whether the following guidance enable applicants to apply for ILR calculating 5 years from the visa start date rather than the date of entry provided he reached uk within 90 days from the visa start date.

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

link to the policy doc

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

[Lucapooka]

That´s not the whole question. The question is as you have stated but with the addition of being able to then apply 28 days before the end of the qualifying period if the qualifying period is deemed to begin on visa issue date rather than visa entry date. I think it would be best if people read the entire discussion before commenting.

[chosenaik]

I am under a similar situation and short by a 5 days.

I have checked with a reputable solicitor firm and they informed me that under current rules, an ILR applicant can apply 28 days before the 5th year anniversaryof when the visa was issued (AS LONG AS THEY ENTERED UK WITH IN 90 DAYS OF THE VISA BEING GIVEN).

[varghesejim]

I am under a similar situation and short by a 5 days.

I have checked with a reputable solicitor firm and they informed me that under current rules, an ILR applicant can apply 28 days before the 5th year anniversaryof when the visa was issued (AS LONG AS THEY ENTERED UK WITH IN 90 DAYS OF THE VISA BEING GIVEN).

Thank you. The next thing we would like to see is somebody who has already done this successfully. When is your ILR due?