ILR - Applying 1 month before 5 years

[krisbal]

Hi,

I am planning to apply for ILR on 16th Aug 2013.

Date of 1st Stamp: 10-09-08 (3 yrs)
Extension: 10-09-2011 (2yrs)
Tier 1 expires: 10-09-2013
Date of first entry to UK: 31-10-2008

After reading a few posts, it looks like I should be fine to apply for ILR.

But my question is since we are all allowed to apply 28 days in advance before the visa expires, how does the case worker decide on the 180 days absence.

In my case as above:

Entry to UK delayed: 52
Other Annual Holidays: 121
Total = 173

Since I have already exhausted 173 days before my visa expires (10-Sep-2013), am I still eligible to apply on 16th Aug or do I need an extension.

Sorry I am confused and bit stressed and its quite possible this has been answered already in some other post though I couldn't find a similar question or post from anyone, any advice is much appreciated.


Thanks
B

[hardikshah13]

Hi,

I have very similar query on this, Please find below detail of my visa approve dates.

First visa approved: 05/01/2009 (came to this country on 13/03/20009)
Extension of visa : 05/01/2012 till 05/01/2014

Hence I came to this country after 68 days of my first visa approval, Will I able to apply for ILR before 28 days from (05/01/2014) my current visa expires? or I have to apply for extension again just to cover these 68 days gap.

Thanks in advance for any/all help.

[aarnags]

"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"

See page 21
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[hardikshah13]

"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"

See page 21
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Thanks for the link but one more question does it apply for Tier 1 General too. as it says Tier 1 (investor, enterpreneur, exceptional telant), highly skilled migrant programme. I can't find tier 1 general in there.

[aarnags]

Yes it should apply to Tier 1- General.
Have you read page 20 ?

[hardikshah13]

Thanks all for clearing this.

I was mainly confuse because I met 3 different solicators in my local are and 2 said I have to do extension first and 1 said I can go for ILR. Two different answers from solicators really bugging me off.

I think I am clear now.

[krisbal]

Thank you so much guys.

[hardikshah13]

"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"

See page 21
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Hi aarnags,

Can you please let me know what should I put in section 7.11 in set o form

7.11. how long have you lived in the UK? Years Months

Should I put 5 years 0 months or
4 years 10 months as I my first entry was delayed by 68 days.

Thanks for your all help.

[deleted_user]

7.11. how long have you lived in the UK? Years Months

Should I put 5 years 0 months or
4 years 10 months as I my first entry was delayed by 68 days.

Please answer the question asked, state the facts. The caseworker should know the qualifying criteria and allow your application.

[krisbal]

Hi,

I have put this as 4 years and 9 months considering 2 months delayed entry and applying 28 days in advance before your visa expires.

Regards
B

[jobinscaria]

Hi Krisbal,
Can you please let me know whether your application for ILR was successful. My case is similar to yours where I delayed the travel by couple of months. I will be applying for ILR next month and it would be great if you could share your experience. Thanks

Jobin.

[krisbal]

Hi Jobin,

My ILR was successful. As long as you have inside UK within 90 days after the your visa was granted, that is fine. you are still eligible to apply for ILR. Just make sure you have a spread sheet which shows all your entry and exit dates clearly.


Thanks
B

[timtom]

Hi Krisbal

What did you put down as the date you first entered the UK in Section 6.1? Entry clearance date or physical entry date? Thanks

[krisbal]

I entered 31-10-2008.

[timtom]

Thanks Krisbal. I presume then that you entered the date you physically entered the UK. Quick follow up question, did you have to make it clear on the form or in person that you were applying on the basis of the 90 day concession rule? Thanks again.

[bmurali]

Hello friends,

I have gone through ILR documentations and many threads in this forum to get a good overview of the requirements for ILR application.

Just wanted to check the earliest date to apply for my ILR?

Date of 1st Stamp: 7th April 2009 to 7th April 2012
Extension: 16th March 2012 to 16th March 2014 (As I have applied 20 days before the expiration date and the case worker gave me extension from the date of application)

And I have entered into the UK well before the first 90 days, 31st May 2009 and do meet the other eligibility criteria.

So the earliest date for the ILR application should be 28 days before 7th April 2014 and the date calculator tells as 10th March 2014.. Could you please confirm if I can book the appointment on or after 10th March 2014?

Thanks in advance
Murali

[ScopeD]

Date of 1st Stamp: 7th April 2009 to 7th April 2012
Extension: 16th March 2012 to 16th March 2014 (As I have applied 20 days before the expiration date and the case worker gave me extension from the date of application)

And I have entered into the UK well before the first 90 days, 31st May 2009 and do meet the other eligibility criteria.

So the earliest date for the ILR application should be 28 days before 7th April 2014 and the date calculator tells as 10th March 2014.. Could you please confirm if I can book the appointment on or after 10th March 2014?

Thanks in advance
Murali

10 March is ok

[bmurali]

Thanks for the confirmation..