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Counting of 5 years !

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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londener
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Counting of 5 years !

Post by londener » Mon Jun 24, 2013 9:06 pm

Fellows and seniors,
Today I have been told by a solicitor that I must complete 5 years in the UK to apply ILR.As far I know I am eligible to apply 28 days in advance to the completion of 5 years.I have 5 years and 6 months visa in total so having more than 5 year visa , should I complete 5 years ? Or just can apply28 days before to complete 5 years.Making case complicated.I have booked an PEO already for 1st July.
Your help would be outstanding for me.
Londener
believe in yourself !!!

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CR001
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Post by CR001 » Mon Jun 24, 2013 10:11 pm

No earlier than 28 days before completing 5 years.
Char (CR001 not Casa)
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paba89
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Re: Counting of 5 years !

Post by paba89 » Mon Jun 24, 2013 10:14 pm

londener wrote:Fellows and seniors,
Today I have been told by a solicitor that I must complete 5 years in the UK to apply ILR.As far I know I am eligible to apply 28 days in advance to the completion of 5 years.I have 5 years and 6 months visa in total so having more than 5 year visa , should I complete 5 years ? Or just can apply28 days before to complete 5 years.Making case complicated.I have booked an PEO already for 1st July.
Your help would be outstanding for me.
Londener
It depends when was your 1st visa stamped and when u enered on that visa. If you entered within 3 months of visa stamp you can apply 28 days prior to your 5th anniversary. Hope this clears.

newbie_2013
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Post by newbie_2013 » Mon Jun 24, 2013 11:03 pm

CR001 wrote:No earlier than 28 days before completing 5 years.
Just to followup on that. Please correct me if I am wrong. If a person entered the UK within 3 months from the date the 1st visa was issued, his qualifying period starts from the date the 1st visa was issued right!? And he can apply no earlier than 28 days before the 5th anniversary of that visa issue date.

thanks a lot

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CR001
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Post by CR001 » Mon Jun 24, 2013 11:34 pm

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

newbie_2013
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Post by newbie_2013 » Tue Jun 25, 2013 12:06 am

CR001 wrote:See Q4 in the link below

http://www.immigrationboards.com/viewto ... highlight=
thanks. The below document also states the 90 day rule.

page 21 of this ukba guidance states:

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

londener
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Post by londener » Tue Jun 25, 2013 2:17 am

CR001 wrote:No earlier than 28 days before completing 5 years.
I entered in the UK on 27th July 2008.Applying on 1st July 2013.I have valid leave to remain till Jan 2014.Should I wait until 27th July for PEO ,Loone day service as I am not sending application by post ?
Thank you for your more clarification.
believe in yourself !!!

pegakrishna
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Post by pegakrishna » Tue Jun 25, 2013 9:16 am


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