Please Help me to calculate the ILR apply date

[Caspian77]

Dear members,
I've read various topics on the forum regarding the apply date for ILR and many of you very clearly stated that to apply for ILR, the TIER1/TIER2 holder should be in the country at least 5 years minus 28 days.
My dates are very tight and I really need help from you.

Has got HSMP on 28 March 2008
Entered to the UK on 26 of April 2008
Has got TIER1 extension till 28 March 2013

I have been advised that I should apply for ILR on 27 March 2013.
But 27 of March make 30 days not 28 days.
Could you please advice?
Many thanks

[Damanisshallo]

This is to be on a safer side coz your clock usually starts from the day you landed in the UK and not when you got the visa stamped from. However, there are exceptions to be considered, if one is failing to complete the qualifying period.

The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence.

In your case you've landed almost a month after your visa was stamped. And yes you can make your application 28 days before your qualifying period which would be 29/Mar/2012. Where as your leave is valid only until 28/03/2012. Hence you will be considered as per the above UKBA quote.

HTH

[techie_09]

@Caspian77

Since you entered UK within 90 days of your visa stamp date, I believe as per new guidance you can apply 28 days before the expiry of your visa i.e. 01 March 2013. Your ILR date will be calculated from visa stamp date.

If you applying in person just 1 day before visa expiry date you may be taking a risk which is not required.

Others can reply if they think otherwise.

Regards

[Damanisshallo]

I always thought it was 28 days before the qualifying period and not 28 days before the expiry of your visa.

[wpilr_nov12]

I always thought it was 28 days before the qualifying period and not 28 days before the expiry of your visa.

You might want to refresh your knowledge / understanding of the '90 day concession' principle. In a lot of cases applicants will not have reached 5 years of uk stay within the validity of their visa if they are not able to land in uk on the same day they get their visa overseas.

[Damanisshallo]

wpilr_nov12, you are a life saver....

If you are applying for settlement (also known as 'indefinite leave to remain'), you will normally need to have lived in the UK for a specified length of time before you apply. This is called the 'qualifying period'. For more information, see the section of this website for your current immigration category. Do not apply for settlement more than 28 days before the end of your qualifying period. If your current permission to remain in the UK will expire before you qualify for settlement, you cannot yet apply - instead, you will need to apply for permission to extend your stay.

When can you make your application?

Dear Sir/Madam,

Thank you for your enquiry.

If you are a work permit holder, the earliest you may submit an application for Indefinite Leave to Remain is up to 28 days before the completion of your 5th year. Please note, if you entered the UK more than 28 days after the start date of your Entry Clearance, you will need to apply for an extension in order to qualify for Indefinite Leave to Remain.

[...]

Yours Faithfully,

Wayne Fairweather
Immigration Group
UK Border Agency



Absolutely no mention this not being permitted at the PEO.

[Caspian77]

Thank you guys for your reply!!!
It's very clear that I shouldn't apply before 28 days qualifying period.
Here it mentions that If applicant does not qualify for 28 days then he/she should apply for extension http://www.ukba.homeoffice.gov.uk/about ... youarrive/ another word extend TIER1 second time. So, because of the 2 days even 1,5 day do I need to go extension????!!!!!

[Caspian77]

Since you entered UK within 90 days of your visa stamp date, I believe as per new guidance you can apply 28 days before the expiry of your visa i.e. 01 March 2013. Your ILR date will be calculated from visa stamp date.

Regards

Hi Techie, could you please provide official link regarding the 90 days period?

Thanks,

[Damanisshallo]

could you please provide official link regarding the 90 days period

Go to page 12

[Caspian77]

could you please provide official link regarding the 90 days period

Go to page 12

Hi Damanisshallo,
I read the document, but it speaks about the abcense calculation.

The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence.

But on the page 14 it states that If the continuous residence period includes periods of overstaying before further leave being granted before 1 October 2012, these periods may be disregarded for ILR provided the period does not exceed 28 days.

Could we interpret it this way: The applicant can overstay up to 28 days to qualify for the settlement?
How practical is it? Has anyone done this way?