ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

ILR-Presence in UK at the beginning of 5yr qualifying period

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

Locked
ISingh2008
Newbie
Posts: 47
Joined: Sun Nov 11, 2012 10:08 am
Location: Reading, UK

ILR-Presence in UK at the beginning of 5yr qualifying period

Post by ISingh2008 » Sun Sep 22, 2013 1:24 am

Hi
I entered UK on HSMP Visa starting Jan 2008 and after that I'v had 2 extensions under Tier -1 General.. Anyway...
So in my case, under the present rules I am eligible for ILR on 2nd November 2013.. And counting 5 years back from this date.... the start of my 5 year qualifying period comes out to be 3rd November 2008..... BUT I was out of UK on a vacation from 25th Oct 2008 till 18th Nov 2008..... Means ... on the start date of my 5 year qualifying period (i.e. 3rd Nov 2008) I was not physically present in the UK....
Can anyone please advise if the above mentioned 3rd Nov 2008 can be taken as the start of my 5 year qualifying period in the UK? OR is it necessary for the applicant to be physically present in the UK on the start date? (In which case my start date will be 18 Oct 2008 wen I re-entered UK)
Note: I'v always had a valid leave to remain in the UK since Jan 2008, so had one when I went out of UK for the above mentioned vacation as well.

I'd appreciate your valuable advise on this....
Many Thanks

vinny
Moderator
Posts: 33323
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sun Sep 22, 2013 1:45 am

I think you may be okay.

This isn't a naturalisation application and the 90 days entry clearance concession is a counterexample.

Aren't you eligible for ILR since Jan 2013?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ISingh2008
Newbie
Posts: 47
Joined: Sun Nov 11, 2012 10:08 am
Location: Reading, UK

Post by ISingh2008 » Sun Sep 22, 2013 2:10 am

vinny wrote:I think you may be okay.

This isn't a naturalisation application and the 90 days entry clearance concession is a counterexample.

Aren't you eligible since Jan 2013?

Thanks for your response Vinny....
90 day entry clearance concession is clearly mentioned on the HO website..
I'v been trying to look for some details for an applicant's presence in the UK at the start of 5 yr period for ILR application, on their website..... but couldn't find anything at all...
This info is present for Naturalisation applicants though....
I'm thinking of emailing HO on this.... to get a confirmation..
Do you know the HO email address where we can send these queries and ask for clarification? ?

Also, Ideally I would have been illegible for ILR in Jan 2013 BUT I spend around 190 days outside UK in 2010.... so had to take 2nd extension .... and now after doing all the calculations, my days out of UK are <180 in any consecutive 12 months period in the last 5 years.... Therefore, I am now illegible in Nov 2013 :)

Amber
Moderator
Posts: 17495
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Post by Amber » Sun Sep 22, 2013 10:04 am

The applicant need not be physically present in the UK at the start of their qualifying period.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

Locked