ILR 90 days entry to UK

[bhavyaanil]

Hello,
I have had look at the forum and called croydon contact centre for my query. Hence I am posting under new topic.

The ILR Rule – If you have entered UK with 90 days of initial EC then 5 year qualifying period starts from the EC date. If entry gap is more than 90 day the qualifying period starts from the date of entry to UK.

My query – I have entered the UK on 91st day of my initial EC if I count the number of days on the calendar. But when I called the Croydon contact centre they told me that I just meet the criteria and they take into consideration of the calendar months rather than days. When asked if I can have it in writing they suggested me to email UKBApublicenquiries@UKBA.gsi.gov.uk
and could be submitted as proof while submitting application for ILR. I have emailed them.

EC stamping – 09/10/2008
UK Entry – 08/01/2009

May i know your thoughts on this please? Should I be going for second ext or ILR?

[rizwan567]

I just posted the similar query and got the answer. Read below link:

http://www.immigrationboards.com/viewtopic.php?t=138395

You do not need to go for 2nd extension. Apply by post and you will get the visa.

[bhavyaanil]

Thanks Rizwan. If I am going for ILR i would want to go for PEO. Is there any one know more about calculating number of days as opposed to calendar months.

[rizwan567]

I am not aware of the difference (if any) between number of days and calender month. I don't think that there is any rule which relates to calender month. It is all about days.

[krisbal]

Gurus please correct me if I am wrong. In bhavyaanil's case, he is eligible for ILR since he falls under the 90 days category and the fact that he entered on the 91st day wont be considered (Absence of less than 24hrs rules not considered while doing the ILR absence calculation)
However in last 5 rs ( means 4 yrs and 11 months assuming you apply 28 days in advance for ILR), 90 days will be part of 180 days absence calculation. So in short, if the applicant has been out of UK for less than 90 days in last 5 years , then it shouldn't be a problem.

[bhavyaanil]

Hi Krisbal,
I have excluded the date of entry to UK but i have included the date of EC stamping which is amounting to 91 days.

If I EXCLUDE EC visa stamp and date of entry to Uk then i am well under 90 days. I would want answers otherwise i woudl spend money on second visa ext and then 3 months later ILR.

[krisbal]

Hmm. Not sure but I think EC date is included for absence calculation as they have already considered the fact that "less than 24 hr absence" is not included.

[girishmr]

@ bhavyaanil , Did you go for 2 extension or ILR? .i have similar problem. you answer would be really helpful. much appreciated