Counting 28 days for ILR

[pragneshmpatel]

Hi all,
I got my first tier 1 general on 21/10/2008
My extension i received by post. where visa starting 25/10/2011

Now i have booked PEO for 27/09/2013. will i be under 28 days criteria?

Second question I am going to apply with my wife. do i have to fill two separate form? or i have to apply in same form?

[Amber]

Can you confirm when you were given entry clearance and when you entered the UK?

Your wife can apply with you on set(o) providing she meets the qualifying period as a PBS dep.

[pragneshmpatel]

Can you confirm when you were given entry clearance and when you entered the UK?


Your wife can apply with you on set(o) providing she meets the qualifying period as a PBS dep.

I given entry clearance on 21/10/2008
and i entered uk on 18/09/2008

Yes she is with me from 3.5 years on Tier 1 dependant.

[Amber]

Can you confirm when you were given entry clearance and when you entered the UK?


Your wife can apply with you on set(o) providing she meets the qualifying period as a PBS dep.

I given entry clearance on 21/10/2008
and i entered uk on 18/09/2008

Yes she is with me from 3.5 years on Tier 1 dependant.

Do you mean you were given entry clearance on 18/09/08?

[pragneshmpatel]

yes i entered first on tier 1 on 18/11/2008

[Amber]

I think you're muddling your dates all over. You can apply from 28 days before your entry clearance (5 years ago) if you entered the UK within 90 days of that date.

[pragneshmpatel]

I think you're muddling your dates all over. You can apply from 28 days before your entry clearance (5 years ago) if you entered the UK within 90 days of that date.

Sorry, i messed it up.
Got visa on 21/10/08
and entered UK 18/11/08

[geriatrix]

Expiry date of current leave?

[pragneshmpatel]

valid until 25/10/2013

Expiry date of current leave?

[geriatrix]

Apply no earlier than 28 days before 25/10/13 and no later than 25/10/13.

[pragneshmpatel]

Apply no earlier than 28 days before 25/10/13 and no later than 25/10/13.

Thanks
I have booked my PEO on 27/09/13

My visa started on 21/10/08. so if i count 5 year it is 21/10/13. but in my extension i got extension till 25/10/13

If i apply on 27/09/13 then it will be within 28 days?

[Amber]

You're fine.

[rizmir]

hi pragneshmpatel

Ur qualifying period is 28 days before 21/10/2013 not from 25/10/2013.
if u count from 25/10/2013 so u could go more than 28 days which is alarming, as guidance note clearly mentioned that you shudn't apply before 28 days from ur qualifying period, it doesnt matter how long ur leave to remain left.

so be careful as far as ur qualifying period.

regards

[pragneshmpatel]

hi pragneshmpatel

Ur qualifying period is 28 days before 21/10/2013 not from 25/10/2013.
if u count from 25/10/2013 so u could go more than 28 days which is alarming, as guidance note clearly mentioned that you shudn't apply before 28 days from ur qualifying period, it doesnt matter how long ur leave to remain left.

so be careful as far as ur qualifying period.

regards

Thanks Rizmir for clarification.

I have booked PEO on 27/09/13 which is within 28 days if 21/10/2013. so i think it will be alright.

[Amber]

Hi all,
When i returned last time in 2012 from india, immigration officer ( indian lady) warned me that not apply for extenstion, you will not get visa. but she let me enter uk.

-i came in UK on WHM visa in 2007 i stayed 14 months and went back to india. i did not worked more that 12 month during my stay on whm.
then i came back on Tier1 general in november 2008

Now immigration officer asked me question about WHM visa which i got using apeal. Then she asked me some other question regarding my employment on tier 1. which i answered correctly. But she was not happy about i am coming to her country. then she went inside to check something. after coming back she told me that don't apply for visa extension, you will not get it.

Now i am going to apply for ILR next month.Will there be any problem? I have not breach any condition during my stay.

Please advise.

[sadiqr]

Apply no earlier than 28 days before 25/10/13 and no later than 25/10/13.

Hi Sushdmehta, My case is also same, i got my visa stamped on 21/10/2008 and entered UK on 30/11/2008,

I booked my PEO on 23/09/2013, exactly 28 days before entry clearence which is the date on which visa given not when one entered UK.

Please correct me if i am wrong,
Please can anyone confirm my PEO date as well, thanks

[Amber]

Apply no earlier than 28 days before 25/10/13 and no later than 25/10/13.

Hi Sushdmehta, My case is also same, i got my visa stamped on 21/10/2008 and entered UK on 30/11/2008,

I booked my PEO on 23/09/2013, exactly 28 days before entry clearence which is the date on which visa given not when one entered UK.

Please correct me if i am wrong,
Please can anyone confirm my PEO date as well, thanks

You can apply from 28 days before 21/10/2013 so your appointment should be ok.

[pragneshmpatel]

Hi all,
When i returned last time in 2012 from india, immigration officer ( indian lady) warned me that not apply for extenstion, you will not get visa. but she let me enter uk.

-i came in UK on WHM visa in 2007 i stayed 14 months and went back to india. i did not worked more that 12 month during my stay on whm.
then i came back on Tier1 general in november 2008

Now immigration officer asked me question about WHM visa which i got using apeal. Then she asked me some other question regarding my employment on tier 1. which i answered correctly. But she was not happy about i am coming to her country. then she went inside to check something. after coming back she told me that don't apply for visa extension, you will not get it.

Now i am going to apply for ILR next month.Will there be any problem? I have not breach any condition during my stay.

Please advise.

sorry amber for creating duplicate thread. Please can you advise me on above?

[Amber]

It shouldn't matter what someone said to you providing your stay was legal and you meet the requirements for settlement.

[Kishorbm]

Apply no earlier than 28 days before 25/10/13 and no later than 25/10/13.

Hi Sushdmehta - I was under the impression from reading the FAQs and guidance that ILR clock starts on day you enter UK on the qualifying visa, so in pragneshmpatel's case shouldn't it be not earlier than 28 before 18/11/13?

[Amber]

Apply no earlier than 28 days before 25/10/13 and no later than 25/10/13.

Hi Sushdmehta - I was under the impression from reading the FAQs and guidance that ILR clock starts on day you enter UK on the qualifying visa, so in pragneshmpatel's case shouldn't it be not earlier than 28 before 18/11/13?

See page 21 of the PBS ILR guidance (click)

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

[Kishorbm]

Apply no earlier than 28 days before 25/10/13 and no later than 25/10/13.

Hi Sushdmehta - I was under the impression from reading the FAQs and guidance that ILR clock starts on day you enter UK on the qualifying visa, so in pragneshmpatel's case shouldn't it be not earlier than 28 before 18/11/13?

See page 21 of the PBS ILR guidance (click)

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

Thank you, that's really helpful for my case as well.
Sorry didn't want to hijack the thread but I have posted a similar query on
http://www.immigrationboards.com/viewtopic.php?t=143446
and waiting for a reply.
Basically I got my work permit stamped in my passport in India on 11/09/2008. I entered UK on 19/09/2008. Then I changed my job and got Tier 2 on 01/10/2010 and it expires on 30/09/2013.
I've booked a PEO appointment for ILR application on 22/08/2013. I've calculated this date as 28 days before completing my qualifying period from my date of first entry into UK (19/09/2008) on which this application is based.

So looking at the above ILR guidance I could have applied 28 days before 11/09/2013, is that correct.
Thanks again

[pragneshmpatel]

Apply no earlier than 28 days before 25/10/13 and no later than 25/10/13.

Hi Sushdmehta - I was under the impression from reading the FAQs and guidance that ILR clock starts on day you enter UK on the qualifying visa, so in pragneshmpatel's case shouldn't it be not earlier than 28 before 18/11/13?

See page 21 of the PBS ILR guidance (click)

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

Thank you, that's really helpful for my case as well.
Sorry didn't want to hijack the thread but I have posted a similar query on
http://www.immigrationboards.com/viewtopic.php?t=143446
and waiting for a reply.
Basically I got my work permit stamped in my passport in India on 11/09/2008. I entered UK on 19/09/2008. Then I changed my job and got Tier 2 on 01/10/2010 and it expires on 30/09/2013.
I've booked a PEO appointment for ILR application on 22/08/2013. I've calculated this date as 28 days before completing my qualifying period from my date of first entry into UK (19/09/2008) on which this application is based.

So looking at the above ILR guidance I could have applied 28 days before 11/09/2013, is that correct.
Thanks again

Hi kishor,
i was also confused from FAQs and guidance
but i think you are right. if you entered UK within 90 days of your visa then you can count exactly ( 5 years from first stamping - 28 days) is valid for applicaiton

[geriatrix]

With so many dates thrown in the topic, I may have been inaccurate in my response earlier in the topic. The following should help:


Travelled within 90 days of being granted leave as a PBS migrant but current leave expires before the 5th anniversary of date of entry?

1. Some people apply within the 28 days window preceding the date of expiry of the current leave (that is the appropriate timeline to apply as per the guidelines).

2. Some people apply within the 28 days window preceding the 5th anniversary of date of entry in the UK, and have been granted settlement.

3. Some people apply within the 28 days window preceding the 5th anniversary of the date of grant of initial (first) PBS leave, and have been granted settlement.




Don't be surprised if the caseworker refuses the application if you wish to take route 2 or 3. The risk is yours, so do as you please.

[Kishorbm]

With so many dates thrown in the topic, I may have been inaccurate in my response earlier in the topic. The following should help:


Travelled within 90 days of being granted leave as a PBS migrant but current leave expires before the 5th anniversary of date of entry?

1. Some people apply within the 28 days window preceding the date of expiry of the current leave (that is the appropriate timeline to apply as per the guidelines).

2. Some people apply within the 28 days window preceding the 5th anniversary of date of entry in the UK, and have been granted settlement.

3. Some people apply within the 28 days window preceding the 5th anniversary of the date of grant of initial (first) PBS leave, and have been granted settlement.




Don't be surprised if the caseworker refuses the application if you wish to take route 2 or 3. The risk is yours, so do as you please.

Thank you for the clarification sushdmehta.
One more question please, what would happen in my case where I originally came on work permit (non-PBS) and then switched to Tier 2 PBS. I'm applying 28 days before the 5th anniversary from the day I first entered UK.
Thank you again