ILR 28 days before qualification

[adnantps]

Hi All

Following is teh situation and is making me very stressful

Ive got an appointment on 18th May for ILR in Solihull

I qualify for 5 years on 18th Aug 2012 which is when i entred UK on 18 august 2007

My leave expires 6th june 2012 as it was granted from 6th june 2007

I'm well under 3 months which will be considered and counted for in 5 years

NOW.. im applying on 18th May as i thouyght it is well under 28 days when my leave expires..

BUT from qualifying period perspective i dont know if i shud be countting 3 months prior to 18th august?

So how does this 28 days come into picture? is it 28 days before qualifying period or visa expiry or in my case this isnt applicable?

[suravakonda]

Adnan, The earliest you can apply is on 9th of May. Guidelines clearly say that it is 28 days before your current leave expires. If you are well within 90 days for initial absence and < 180 days overall (including the initial absence) you shouldn't have any trouble in my opinion.

It would help if you prepare that absences excel sheet and explain this clause from the home office document. If you can't spend time to search this information, let me know and I will post it on some other day.

[adnantps]

thnx surav..
wud the initial late entry count into the mising period? im over 180 days in total if i count the initial period but all the missing days are my annual vacations spent oversees ...

Adnan, The earliest you can apply is on 9th of May. Guidelines clearly say that it is 28 days before your current leave expires. If you are well within 90 days for initial absence and < 180 days overall (including the initial absence) you shouldn't have any trouble in my opinion.

It would help if you prepare that absences excel sheet and explain this clause from the home office document. If you can't spend time to search this information, let me know and I will post it on some other day.

[suravakonda]

adnan, that's where my knowledge gets a bit hazy...I can't remember reading in the official docs anywhere about paid holidays not being counted etc...in my case the initial delay in arrival to UK + all absences out of UK was < 180.

[geriatrix]

You cannot be considered "absent from UK" (in context) without having entered UK. Therefore, calculate absences accordingly (i.e - absences from UK after you arrived in the UK).

[suravakonda]

Please refer to page 4 of
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

This is the document I was referring to.