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ILR eligibility date

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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golu
Member
Posts: 160
Joined: Wed Mar 04, 2009 8:10 pm

ILR eligibility date

Post by golu » Sun May 06, 2012 4:04 pm

I have my tier 1 visa from 19th June 2007 to 19th June 2012, all in country application.

I will be finishing 5 years on 19th june 2012.

If i use date calculator to subtract 28 days from 19th June I get 22nd May 2012.

When can I apply for my ILR ?

I have an appo booked on 23rd May, I hope it falls within the " no earlier then 28 days before your qualify" clause.

Kindly reply

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Post by cs95tdg » Sun May 06, 2012 5:24 pm

Yes, you should be fine with the date you've booked. I presume you originally switched to a Tier 1 visa from a different visa while in the UK?

golu
Member
Posts: 160
Joined: Wed Mar 04, 2009 8:10 pm

Post by golu » Sun May 06, 2012 9:22 pm

Thanks for your reply.

Yes it was a change of visa from SEGS to HSMP.

My visa expires on 19th June and subtracting 28 days gives me 22nd May.

So can I apply on 22nd May or does It have to be after 22nd may?

thanks.

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Post by cs95tdg » Sun May 06, 2012 10:01 pm

Golu, Technically speaking, you should apply no earlier than 28 days before the 5th anniversary of the date you switched to your Tier 1 visa (i.e. as your's is an in-country application).

If the date calculator gave you 22nd May then you can apply any day from that date until the visa expiry date. Personally I wouldn't pick an appointment for exactly the 28th day (I'd give a few days). You already have one for the 23rd which is a day after, so don't see a problem. Is there any reason why you want to get one for the 22nd itself?

This is what the SET(O) guidance states... I've highlighted the facts that apply to you based on what you have stated...

5 WHEN TO APPLY

You and any dependants applying with you should apply before the end of your/their permitted stay in the UK. There is a qualifying period to complete in most of the categories on this form. It runs either from - the date on which you entered the UK with a visa in the relevant category; or, if you did not enter the UK with such a visa, from - the date on which you were first granted permission to remain in the UK in the relevant category. If you entered the UK with a visa several weeks or more after the date from which it was valid for use, you may need to apply for an extension of stay to complete the relevant qualifying period. Please do not apply more than 28 days before completing the qualifying period. If you apply earlier than that, your application may be refused. If that happens, we will not refund the fee and you will have to pay again when reapplying. The qualifying periods are as follows:

5 years In the work permit holder, employment not requiring a work permit, businessperson, innovator, investor, self-employed lawyer, writer, composer or artist, UK ancestry, Tier 1 and Tier 2 categories or routes.

Hope this helps.

golu
Member
Posts: 160
Joined: Wed Mar 04, 2009 8:10 pm

Post by golu » Mon May 07, 2012 10:36 am

thanks for your reply again.

I am ok with the 23rd may appointment, I just wanted to find out if 23rd is ok because in terms of days If I add 28 days to 23rd may ( including 23rd may ) I get 19th of June which is my visa date expiry, so I just wanted to make sure that 23rd of may is ok for the clause of no earlier than 28 days before your qualifying period starts.

thanks again

rneeta
Newbie
Posts: 47
Joined: Sun Apr 08, 2012 6:25 pm

Post by rneeta » Tue May 08, 2012 8:46 pm

It would be a great help for others including myself if you share your experience in this forum

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