Will initial delay of 90 days be counted towards qualifying

[SonyTinku4ILR]

Hello Members,


I have already asked this question before in a different topic but I was wrong in calculating the period as 88 days.

http://www.immigrationboards.com/viewto ... highlight=

I have ILR appointment at Solihull on 12th Feb 2013.

I have just realized that from 10 Mar 10(Date of HSMP Entry Clearance) to 8 June 10(Date of Entry in UK) it is 90 days not 88 days.

As per the rule from

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary


Page 12,

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.

I am on HSMP + Tier 1 General. Am I eligible for ILR?

I am bit worried can anyone please advise?

[wpilr_nov12]

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.

You may be able to argue that you have NOT EXCEEDED the 90 days.

[SonyTinku4ILR]

Sure wpilr_nov12

Also will the Entry Clearance and Data of Entry dates also to be counted towards 90 days? If not I will be on safer side with 88 days.

What does it mean by...between exactly?

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.

[wpilr_nov12]

First, Entry date is not counted.

Say EC is 3 JAN, you enter UK on 3 JAN, = there is zero delay. Enter 4 JAN, you have 1 day delay. etc.

I don't think you need to worry about the exact meaning of 'between', as I have pointed out previously, you haven't EXCEEDED 90 days. You REACED 90 days, but did not go beyond 90 days.

[SonyTinku4ILR]

Thanks wpilr_nov12
Its clear now.