Applying for ILR 3months before

[natha19]

Hi All,

Currently I am on Tier 1 General visa since 10th Apr 2008. Getting ready to go for ILR under 5 years by 25th March 2013 where my visa expiring by 9th Apr 2013.

Just to make a note that I will be completing 5 years stay on Tier 1 General visa in U.K. by 9th March 2013 and never been out of U.K. for more than either 90 days in any given year or 180 days in total of 5 years.

My question is here: though i got visa on 10 Apr 2008 I only traveled to U.K. on 18th June 2008 which was under 90 days period. It was delayed due to health and personal issues.

Now, Can I apply for ILR in Apr 2013 or do I need to go for another extension then apply for ILR in June or July 2013.

Wondering how it will be validated? whether the 5 years period calculated from visa given date or from the traveled date?

Would you please provide me with your valuable advice on my doubt.

look forward for your reply.

Thanks

Srinatha

[Ramana66]

5 Year period is calculated from Visa (Entry Clearance) date, if the time difference between EC date and your first arrival date is less than 90 days.
Based on this, it may not be required for you to apply for an extension. You can apply upto 28 days before your 5th Anniversary in UK (which is 10th April 2013 based on the information provided by you.

Please refer to Immigration rules on UKBA site and also many threads on this forum for more clarity.