ILR Eligibility

[dec03ec]

Hi,

I have a question regarding my ilr 5 year duration.

I got my hsmp visa stamped on 10th Jan 2008 and flied to UK on 20th Feb 2008. I got extension into tier1 in Jan 2010. I never gone out of UK for more than 3months contineously and the total duration that i spent out of UK is below 180 days.

Now my question is am i eligible to go for the ilr in dec 2012 (28 days before the completion of 5 years from the initial visa stamping date ie 10th jan 2008)?

my main concern is about whether the duration between the initial visa stamping date and my initial uk landing date (40 days) is included as part of 5 years duration ?

OR do i need to go for one more extension to cover that gap ?

Thanks

[saayinla]

Your 5 years ILR eligibility starts from your date of first entry into the UK which in your case is the 20th of Feb am afraid so the earliest you can apply will be around the same date in January

[vinny]

my main concern is about whether the duration between the initial visa stamping date and my initial uk landing date (40 days) is included as part of 5 years duration ?

See also settlement and continuous period.

[Chakri]

Since you entered UK within 90 days of your entry clearance, I think you should be eligible to apply for ILR in December.

[dec03ec]

Since you entered UK within 90 days of your entry clearance, I think you should be eligible to apply for ILR in December.

Thanks all, I went through the policy docs, it seems they are not giving definite answer, they say case worker may consider that gap as part of 5ears.

following copied from policy document.

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