Urgent Please help ILR eligibility calculation

[Mirate]

Hi there,
First thank you for everyone on this forum I have been following this for the last 2 months and it has been very useful.

I need some urgent help please, I booked my ILR peo appointment (set o) yesterday on the 20th of March 2013.

I have a WP visa that was issued on the 17th of April 2008, entry date to the UK 25th of June 2008.. Same employer for 5 years I have calculated 28days prior my visa expiry so it's the 20th March 2013.. I have just been told I am wrong and can't apply before June 2013 because of new regulations..

Which state the calculation of each year is from the date of ILR application.

That is in my case it will be

Year 1- 20 March 2013 -----19 March 2012
Year 2- 20 March 2012--------19 March 2011
Year 3- 20 March 2011. --------19 March 2010
Year 4- 20 March 2010--------19 March 2009
Year 5 - 20 March 2009 -------19 March 2008...


While between March 2008 and June 2008 over 90 days.. But my visa was only issued on the 17th of April 2008 not march...please please help..when am I eligible to apply for ILR?

I know you might say there are similar posts, as I recall coming across something like this before , however, I can't find it.


Thank you

Mirate

[uksettlement]

28 days before 17th April.

[wpilr_nov12]

Who said you can't apply before June? What new regulation?

When does your current visa expire?

[Mirate]

Thank you,
But can you please confirm that 20 of march 2013 will be right,.

I am quoting P.10...Indefinite leave to remain – calculating continuous period in UK

"This page tells you when absences will not break continuity when calculating if the continuous period requirement has been met.
No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR).
The specified continuous period is counted backwards from the date of the ILR application. For example, if the date of application is 11 November 2012, the consecutive periods would be as follows:
Year 1 Year 2 Year 3 Year 4 Year 5
11 November 2012 11 November 2011 11 November 2010 11 November 2009 11 November 2008
to 10 November 2011 to 10 November 2010 to 10 November 2009 to 10 November 2008 to 10 November 2007
Absences must be for a reason that is consistent with the original purpose of entry to the UK or for a serious or compelling compassionate reason in the following categories:"


If I follow this calculation from day of ILR application I will have a continuous gap in 2008 of 98 days between 20 march 2008 till I entered on 25 June 2008..

I am so confused,.Sorry to be trouble,..and thank you for your support..

[Mirate]

Exactly my
WP visa issued on the 17th April 2008
Entered the UK 25 June 2008
WP visa expires 17 April 2013

I calculated 28 days from that and assumed 20th march 2013 will be right.

However, when I come to answer the question of calculating backward from day of application it gives me all the confusion..

According to UKBA

"The specified continuous period is counted backwards from the date of the ILR application. For example, if the date of application is 11 November 2012, the consecutive periods would be as follows:
Year 1 Year 2 Year 3 Year 4 Year 5
11 November 2012 11 November 2011 11 November 2010 11 November 2009 11 November 2008
to 10 November 2011 to 10 November 2010 to 10 November 2009 to 10 November 2008 to 10 November 2007".

Many thanx...

[wpilr_nov12]

28 days before expiry is fine. Your date is good.

[Mirate]

Thank you for advice,,
I have another question...I have booked for myself and husband...as my 3 children has been born in the UK aged 12, 8 and 3 ...

According to threads on this site, I can apply to register then on a forms MN1 straight after we get ILR..is that right..
What about my 12 years old who is older than 10 years of age,


Regards

[wpilr_nov12]

What about the 12 year old who is older than 10?

download and read MN1 guidance.

Your plan for your kids is fine.

[Mirate]

Thanks a lot for your help, much appreciated

I have just seen another thread with similar problem and list it now but I have now calculated the days and I am posting for you to give me advice, I have booked on the 20th as I mentioned, I think this need to be changed to 28 as I am 97 days in one row,,see below my dates..


Year 1- 20 March 2013 -----19 March 2012
Year 2- 20 March 2012--------19 March 2011
Year 3- 20 March 2011. --------19 March 2010
Year 4- 20 March 2010--------19 March 2009
Year 5 - 20 March 2009 -------25 June 2008 have 29 days absent in that period in addition to months from 25 June 2008 till 20 march 2008 an addition to 97 days...

However, my WP visa as I mentioned above is 17th of April..

Will the 97 days in one go not break my continuous residence.. And the total of my year will be 4 years 9 month and 15 days..

Please please advice

[wpilr_nov12]

You are making it overcomplicated for yourself. See earlier replies.

[Mirate]

I know it's over complicated..I am trying to fill the form now, and I don't know what to put in regards to total years..can I say 4 years , 9 month and 15 days...

If I say 5 years..I will have gaps of over 90 days...

I don't know what's right or appropriate,,,please help...

[wpilr_nov12]

I know it's over complicated..I am trying to fill the form now, and I don't know what to put in regards to total years..can I say 4 years , 9 month and 15 days...

If I say 5 years..I will have gaps of over 90 days...

I don't know what's right or appropriate,,,please help...

Which page/question is this referring to?