ILR : Modernised Guidance : EC or UK arrival date?

[Wireless]

I have a question regarding calculating continuous period in UK for ILR application under Tier-1 (General).

Entry Clearance (EC) Visa Start Date: 11-Nov-2008
Entrance to UK Date: 07-Feb-2009
Current leave expiry date: 07-Feb-2014

Modernised Guidance (ilr-calculating-continuous.pdf - Valid from 28th Aug 2013), page 21, says that "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"

So my question is that can i apply for ILR on 15th Oct 2013? (which is 28 days before 5th anniversary of entry clearance date i.e. 10-Nov-2013)

I think this is very common question around so i have created a poll as well where you can answer Y or N.

Year 1 10-Nov-13 11-Nov-12
Year 2 10-Nov-12 11-Nov-11
Year 3 10-Nov-11 11-Nov-10
Year 4 10-Nov-10 11-Nov-09
Year 5 10-Nov-09 11-Nov-08

[vinny]

Yes.
If you entered the UK 90 days or less than from your entry clearance's effective date, then the start date of your qualifying period for ILR is the effective date (assuming the entry clearance is also a qualifying category). Else, it's the date of entry.

[Wireless]

Thanks for the reply. I understand that if initial travel is within 90 days then it can be counted towards 5 year for ILR.

The only different bit is that my visa not expiring in 28 days or so when i am putting my application -- would that stop me applying in oct-13?

I have got following FAQ from home office and Q1 clearly says that entry clearance date could be used towards continuous period for ILR but my visa still valid until the date when i arrived to UK with delay of 87 days.

So do we have any such example where current leave is still valid along with initial delay less then 90 days?

Any expert view or example would be helpful ...



Question 1: I received my grant of leave but delayed my entry to the UK by two months, have I broken the 5 year continuous period for ILR?
Answer: No. Provided the delay was no longer than 90 days, we will count the time between you being granted entry clearance and coming to the UK towards the continuous period for ILR.

Question 2: If I delayed my entry to the UK by less than 90 days, can I still apply at a PEO 28 days before my leave expires?
Answer: Yes you can still make your application at a PEO 28 days before your current leave expires

Question 3: My leave is due to expire a few days before I will have completed the five year continuous period, will I need to apply for further leave before I can apply for settlement?
Answer: You can submit a settlement application at a PEO up to 28 days before the end of the continuous period, but you must have extant leave on the date of application.

[Amber]

Vinny has already answered you, from 28 days before 11-Nov-2013.

[Wireless]

D4109125 thanks for the reply.

Sorry for asking the same question in a different way, only doing so i have understood clearly. I have seen several posts where people asking same question.

If i apply for ILR on 15-Oct-2013 by using EC date (11-Nov-2008) to calculate 5 years qualifying period for ILR then i have only spent 4 years, 8 months and 1 week in UK at the day when i am applying for ILR. Does this sound okay?


These are my dates again:

EC Date: 11-Nov-2008
Travel to UK: 7-Feb-2009 (87 days delay)
Current Leave Exp: 7-Feb-2014
PEO ILR appointment: 15-Oct-2013 (28 days before 5th EC anniversary i.e. 11-Nov-2013)


Thanks

[Amber]

Fine.

[adnan742]

this is the calculation for Main applicant, I am confused on how they do calculate dependent 2 year period , is the same method used to calculate dependent 2 years or not?

[Amber]

No, the dependent period is 2 years (or 5) in the UK as a spouse/civil P/akin to marriage partner etc with dependant leave at the time of application.

[adnan742]

thanks for the reply, can you please reply on my specific case. i am completing my five years next month in October'2013,my wife came in UK on 10th Dec'2011 and her visa stamped on 12th Nov 2011, when she will be eligible for ILR? i m thinking to add her as a dependent when i ll send my document in october? keeping 28 days before 12th Nov'2011? would this be OK?

[Amber]

Hi

I am applying for ILR in few weeks and understand that there is no requirement for maintenance funds.

While doing the point based calculator - it is still asking for maintenance funds?

Is there any separate PBS for ILR?

What should i write about maintenance requirement in PBS as i have not been maintaining funds into my account

Please reply asap

[akhurshid]

Hi

I am applying for ILR in few weeks and understand that there is no requirement for maintenance funds.

While doing the point based calculator - it is still asking for maintenance funds?

Is there any separate PBS for ILR?

What should i write about maintenance requirement in PBS as i have not been maintaining funds into my account

Please reply asap

If you are applying before 28th of OCT, you can ignore English and funds requirement. This page explains how to use PBS calculator for PBS.
http://www.ukba.homeoffice.gov.uk/visas ... nt/points/

[Amber]

We are going for ILR appointment in croydon on 15th Oct and we have a new born baby (in UK) which we have not included in ILR application as we plan to apply for his passport after our ILR.

Is it possible to take him with us on the day of the appointment even his name is not included in the appointment? Is there any such restriction or anyone else had such experience... Please share


We dont have any relative arrangement here and bit reluctant to leave him to day care ....

Thanks

Yes. You can take him with you.