Eligibility date for ILR - WP letter and delay in having FLR

[rshelar]

Hi

Can someone please tell me the date I become eligible for ILR based on below? I have read contrasting information.

1. Firstly the UKBA website says you can apply after you have completed 5 years or upto 28 days before expiry of current leave. Now I believe I complete 5 years before expiry of current leave. Does that mean I can apply 28 days before completion of the time I will complete 5 years i.e. in 4 years 11 months even if I have extra leave ?

2.) I was initially on a student visa and was granted my WP (old format) in Sept 2007 and got a letter that WP is from Sept 2007, however the FLR was stamped on passport in Feb 2008. Do I count the 5 years from Sept 2007 or from Feb 2008?


3.) After that the visa history is


Mar 2009 - Mar 2011 - Tier 1 General
Mar 2011 - Mar 2013 - Tier 1 Extension (made one year early)

Based on above which month am I eligible to apply for my ILR, I think it is either Jan 2013 or Feb 2013? Can someone please confirm?


Thanks

[vinny]

I think that it's no sooner than 28 days prior to the 5th anniversary from the grant of your Work permit FLR (in Feb 2008).

[genious]

you should be able to apply in January 2013 i.e. 28 days before you will complete 5 years. time starts when you entered to UKk or when you got FLR.

hope it help.

[rshelar]

Vinny / Genios


Thanks.

Does that mean any person is eligible in 4 y 11 m even if they have years left on their leave?

If I am eligible in Jan 2013, then as per the current rules I can show income evidence in any 15 month period.

Does that actually mean I can claim points for income from Nov 11 - Oct 12 - even though I complete 5 years in Feb and applying a month before in Jan?

[rshelar]

Anyone?

[legalalien]

the 15 month period is in relation to your application and not to your 5 years. So yes you can claim points from 12 months in the 15 months prior to your application. so NOV11 to OCT 12 should be fine.

and yes the 4y 11 months is ok even if you have leave beyond the 5 years as stated by genious and vinny

[rshelar]

Thanks legalalien