Qualifying Period ILR

[project1one1]

Hi ,

I got my HSMP visa on 06-December-2007.
It was granted for two years intially. So i got it stamped on passport as below:

Valide from: 06-12-2007
Valid till : 05-12-2009

Then i applied for the extension under Tier 1 General and it was approved for three years as stamped in passport below:

Valid from: 24-12-2009
Valid till : 24-12-2012

My questions are :

1: Will my ILR qualifying period be considered from 06-12-2007 till 06-12-2012 OR 06-12-2007 till 24-12-2012

2:Please advise from which dates i can book a PEO appointment as per the answer of above question.I think we can not book more that 28 days before the qualifying periods.

Please suggest the better.


Thanks

[wpilr_nov12]

Whichever way you look, in theory you should have lived in the UK continuously on qualifying visa/s for at least 4 years 11 months and 3 days on the day you apply.

[project1one1]

Whichever way you look, in theory you should have lived in the UK continuously on qualifying visa/s for at least 4 years 11 months and 3 days on the day you apply.

Thanks for the prompt reply.

So it means i can book any appointment after Friday, 9 November 2012 for in person ILR. I will be eligible to apply for ILR after the above date.

am i right ?

Please do confirm.

Thanks

[wpilr_nov12]

Read http://www.immigrationboards.com/viewtopic.php?t=79378

[project1one1]

Read http://www.immigrationboards.com/viewtopic.php?t=79378

Thanks for the link.I have gone through that link and calculated the date via keeping in mind the date when visa was granted in country ( 06-12-2007).So i actually got visa for 18 days extra.So that bit was messing me up.

Actually i am looking for the exact date from which i can apply for ILR. So as per my understanding it is ( 9 November 2012).

So please if you can confirm as well on the basis of your experience, i will have peace of mind then.

Thanks in anticipation !

[project1one1]

Read http://www.immigrationboards.com/viewtopic.php?t=79378

I sent email to UKBA about the same situation like above in original post as below

"
Dear UKBA,

Please Can you send me the link which can clarify the point that

Do i need to apply not before 28 days of the expiry of the visa

OR

28 Days before the completion of the five years continuous period or 4 years 11 months and 3 days.

"
They replied like below :


Dear Sir,

The immigration rules state that applicants must have spent a continuous period of 5 years in the UK in order to qualify for ILR. UKBA has a policy which allows an applicant to submit an application 28 days before the expiry of their leave, in order that they do not run out of leave before they have completed the qualifying period. For applicants applying within 28 days of the expiry of their leave, this will mean that they have completed only 4 years 11 months and 3 days in the UK.

In your case, you would still have extant leave after you have reached the qualifying period, therefore if applying for ILR at a PEO before actually completing the qualifying period, rather than within the 28 days before the expiry of your leave, there is a strong possibility that your application could fall for refusal.

As I stated in my previous e mail, I cannot provide advice on your application, and the date on which you make your application is for you to decide, given all of the information you have received.

Kind regards


So UKBA says i should apply after completing exact five years. i.e any day after Thursday, December 6, 2012 before visa expiry.


I am so much confused now..Please advise which is the right date.I need to book an appointment and its very crucial to book after the right date to apply.

Thanks

[wpilr_nov12]

Read page 3 (When to apply) of Set O guidance document.

[project1one1]

Read page 3 (When to apply) of Set O guidance document.

I went through the guidance note section "when to apply"and it says as below :


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.

So that is where the confusion is like :

The qualifying period is exact five years or 4 years 11 months and 3 days (as you suggested)

In the guidance it says as above 5 years so if it is five years then it means i can not apply before 6th December 2012.But as per your suggestion then i can apply any date after 9th Nov 2012.

So Please clarify which scenario is right. or I m not getting it.

Thanks

[wpilr_nov12]

In your case, you fully qualify to submit your application during the 28 days leading to 24/12/2012, which is the expiry of your visa.

Also, you are eligible to submit your application during the 28 days leading to 6/12/2012, as by this date you would have completed 5 years.

Assuming you meet all other requirements.

[project1one1]

In your case, you fully qualify to submit your application during the 28 days leading to 24/12/2012, which is the expiry of your visa.

Also, you are eligible to submit your application during the 28 days leading to 6/12/2012, as by this date you would have completed 5 years.

Assuming you meet all other requirements.

So if i am eligible in both cases then i am wondering and a bit scared by the reply of UKBA as below:


In your case, you would still have extant leave after you have reached the qualifying period, therefore if applying for ILR at a PEO before actually completing the qualifying period, rather than within the 28 days before the expiry of your leave, there is a strong possibility that your application could fall for refusal.


what is your thought about it ?

[wpilr_nov12]

You have all the information in front of you. It is up to you to decide when you want to apply with confidence.

[onabanjo]

It is necessary to clarify the point that is bothering you here.
The qualifying period is dependent on the route you belong to.The reply from UKBA , to me wont say is wrong but rather will say the officer who replied you missed things.The response is for another route within Tier 1 .
The correct time for for you to apply for your ILR is 28 days before 6th December 2012 and there is documentary evidence to back that up from UKBA -Indefinite Leave to Remain- Calculating continuous period in UK released in July 2012.

The provision states inter alia


"Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but due to delayed travel will not have spent five years continuously in the UK before their current leave expires. You 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."