Query regarding ILR qualifying period

[ships]

Hello All,
My husband and I came to UK in the HSMP category and got our Tier 1 extension in 2010. We are looking to apply for ILR this year. Appreciate if you can clarify whether the 5 year qualifying period starts from the entry clearance date or from the time of entry.

EC Stamp date: 22 April, 2008
First Entry to UK: 15 June, 2008
Tier 1(General) visa valid till: 15 June, 2013

Can you please let me know if we would be eligible to apply for ILR after
25th March, 2013 or 18th May, 2013?

Thanks for your help!

[samisha]

it starts from EC stamp date

[wpilr_nov12]

From my 'useful link' below, go to page 11 of Continuous Residency document.

There is a little section that says if you entered within 90 days of EC, you can include the gap from EC to entry in your qualifying period, essentially meaning your count starts from EC date.

[crusador0408]

you are eligible.

You can apply within 28 days leading up to visa expiry date.

[ships]

From my 'useful link' below, go to page 11 of Continuous Residency document.

There is a little section that says if you entered within 90 days of EC, you can include the gap from EC to entry in your qualifying period, essentially meaning your count starts from EC date.

Thanks. I looked at that document and thought I could apply any time after 25th March.

However, I got confused after going through other topics on this forum (Q3, Q4, Q5 on http://www.immigrationboards.com/viewtopic.php?t=79378). Based on this, it looks like the 90 days rule applies only if I am falling short of completing 5 years from the time of entry.

So, the question still remains if I can apply for ILR 28 days before the completion of 5 years from the entry clearance date (22nd April). Appreciate if you can let me know your thoughts on this.

[cs95tdg]

According to the latest rules, you are eligible to apply from upto 28 days before the 5th anniversary from your EC date (22 April, 2008) as you first entered the UK within 3 months of EC.

See Page 11: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[ships]

Thanks cs95tdg. We booked a PEO appointment for 27th March.

[sganatra]

Thanks cs95tdg. We booked a PEO appointment for 27th March.

Hi,

Request you to please confirm if your application was successful.

Thanks.
S

[ships]

Thanks cs95tdg. We booked a PEO appointment for 27th March.

Hi,

Request you to please confirm if your application was successful.

Thanks.
S

Yes, our application was successful.

[Tier1toILR]

Thanks cs95tdg. We booked a PEO appointment for 27th March.

Hi,

Request you to please confirm if your application was successful.

Thanks.
S

Yes, our application was successful.

Wonderful, that means they do consider 28 days before EC date if you entered UK within 90 days after EC.

Congratulations !!

[Tier1toILR]

Hi Ships,

Once more question that I have in my mind, wondering if you could help since I'll be applying for ILR soon as well based on Entry Clearance date.

In SET(O) form what date did you enter for following question?

6.1 When did you (the main applicant) first enter the UK? This
refers to the date of your first entry into the UK at the beginning
of the period of stay on which this application is based.

Thanks.

[ships]

Just enter the first date of entry to the UK (Not the EC date). That should be fine.

[Tier1toILR]

Thanks Ships for the quick reply, did you mention Entry clearance date anywhere in the form?

[ships]

I don't think so.