Tier 1 General : When to Apply ILR!

[abdik1980]

Hi Everyone,

Please guide me when should I apply ILR. Following are my visa details:

Tier1 General Entry Clearance Visa Stamp Date outside of UK = 9th Feb 2009
UK First Entry Date: 6th March 2009
Current Visa Expiry after 2 Extensions inside UK: 9th Sept 2014

Please respond can I book appointment for PEO ILR on 13th Jan, 2014 i.e 28 days before first entry clearance date?

Many Thanks

[Amber]

Yes, providing you had qualifying leave throughout and meet the other requirements.

[abdik1980]

Yes, providing you had qualifying leave throughout and meet the other requirements.

Thank you very much for replying. It means I can apply 28 days before first entry clearance visa stamped date (9th Feb, 2009) and there is no issue. Please note that I first entered into UK on 6th March, 2009!

Thanks

[abdik1980]

Ref: http://www.immigrationboards.com/viewtopic.php?t=79378

''Q3 - When does my ILR qualifying period start?
There are two scenarios. One is that ILR qualifying visa (e.g. Work Permit, Tier 1, HSMP, etc) was obtained by switching into that category from another visa whilst still in UK. Second is that ILR qualifying visa was obtained out of country. For first case ILR clock starts from the day the passport was stamped with that leave to remain. For second case ILR clock starts from the day when applicant first entered UK on that qualifying visa, subject to the 90 days entry concession. E.g. If someone got Tier 1 visa from out of UK on 1st February 2006 and entered the UK for first time on 20th June 2006, then ILR clock starts from 20th June 2006. ''

According to above statement as Tier 1 visa was issued outside of UK therefore I think I am not eligible to apply 28 days before EC visa stamp date I should apply 28 days before my first entry date to UK? Please confirm. I am still not sure. Thanks

[abdik1980]

Any one please reply. I have to book appointment.

[pvivekrao]

Any one please reply. I have to book appointment.

It says...subject to the 90 days entry concession., As Amber said you can apply on 13th Jan, 2014 i.e 28 days before first entry clearance date.

[abdik1980]

Sorry I am confused! But my ILR qualifying visa i.e Tier 1 (G) Entry clearance was given outside of UK. Am I still eligible to apply ILR 28 days before EC visa issue date 9th Feb, 2009 not UK arrival date?

[Amber]

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.

[abdik1980]

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.

Sorry to be a pain.

According to following statement I think I am not eligible to apply 28 days before EC Date. I will have to apply 28 days before UK arrival date:

----------------

There are two scenarios. One is that ILR qualifying visa (e.g. Work Permit, Tier 1, HSMP, etc) was obtained by switching into that category from another visa whilst still in UK. Second is that ILR qualifying visa was obtained out of country. For first case ILR clock starts from the day the passport was stamped with that leave to remain. For second case ILR clock starts from the day when applicant first entered UK on that qualifying visa, subject to the 90 days entry concession. E.g. If someone got Tier 1 visa from out of UK on 1st February 2006 and entered the UK for first time on 20th June 2006, then ILR clock starts from 20th June 2006. ''
-------------

Please note that Tier 1 G visa was issued outside of UK and I did not switch from any other category. I entered UK within 28 days of visa stamp date therefore 90 days concession period will not apply to me? Thank you very much for replying. I just want to clear it for other members as well.

[abdik1980]

Can anyone please confirm after reading my posts and UK border agency FAQs. Cheers

[abdik1980]

Got following reply from UK border agency today:
---------------------------------

Dear Sir,



Thank you for your query, I am sorry for the delay in responding.



You will need to have spent at least 5 years in the UK, constantly without break in your residence. You can find more information on this link: http://www.ukba.homeoffice.gov.uk/visas ... ettlement/



You are correct that the period between entry clearance being issued and your entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. Provided the period of delay does not exceed 90 days, it will not be counted as an absence. If you did not delay more than 90 days from your entry clearance issue date, you can include that period. But in fact the days are counted back from your date of application for ILR. So you should ensure that you have 5 years continuous residence before you apply for ILR. There is guidance on this link that may help:

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



You must not have been absent from the UK for more than 180 whole days absence in any of the five, two, three or four consecutive 12 month periods, depending on the category, preceding the date of the application for indefinite leave to remain (ILR).


I hope that this is helpful. (Please note that I am not able to comment on specific scenarios, and I cannot pre-approve any circumstances, because applications can only be assessed by the officer with all of the documentary evidence to consider. Responses will reflect the policy on the date of response but may be subject to further review.)

Regards
XXX, Operational Policy and Rules Unit (Work Operational Policy), Operational Systems Transformation Home Office

----------------------------------------------------------------

From: XXXXXXXXXXXXXXXXXXXXXX
Sent: 20 November 2013 21:23
To: Settlement Ops Policy Mailbox
Subject: Fwd: When to Apply for ILR



Hello,



I am currently on Tier 1 (General) Visa in UK and following are my details:

Tier 1 General First Entry Clearance Visa Issued Date: 9th Feb, 2009

First Entry to UK: 6th March, 2009

After two extensions now I have visa till 9th September, 2014

Please confirm can I apply ILR (Permanent Residency) 28days before my first entry clearance visa issuance date i.e 9th Feb, 2009. I want to book PEO appointment on 13th Jan, 2014 28 days before 9th Feb, 2009 or at the end of December according to 90 days concession period? ILR documentation says:

-------------------------------

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.
-----------------------------------

Thanks for your earliest response.


Regards,
XXXX

[UKBALoveStory]

Got following reply from UK border agency today:
---------------------------------

Dear Sir,



Thank you for your query, I am sorry for the delay in responding.



You will need to have spent at least 5 years in the UK, constantly without break in your residence. You can find more information on this link: http://www.ukba.homeoffice.gov.uk/visas ... ettlement/



You are correct that the period between entry clearance being issued and your entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. Provided the period of delay does not exceed 90 days, it will not be counted as an absence. If you did not delay more than 90 days from your entry clearance issue date, you can include that period. But in fact the days are counted back from your date of application for ILR. So you should ensure that you have 5 years continuous residence before you apply for ILR. There is guidance on this link that may help:

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



You must not have been absent from the UK for more than 180 whole days absence in any of the five, two, three or four consecutive 12 month periods, depending on the category, preceding the date of the application for indefinite leave to remain (ILR).


I hope that this is helpful. (Please note that I am not able to comment on specific scenarios, and I cannot pre-approve any circumstances, because applications can only be assessed by the officer with all of the documentary evidence to consider. Responses will reflect the policy on the date of response but may be subject to further review.)

Regards
XXX, Operational Policy and Rules Unit (Work Operational Policy), Operational Systems Transformation Home Office

----------------------------------------------------------------

From: XXXXXXXXXXXXXXXXXXXXXX
Sent: 20 November 2013 21:23
To: Settlement Ops Policy Mailbox
Subject: Fwd: When to Apply for ILR



Hello,



I am currently on Tier 1 (General) Visa in UK and following are my details:

Tier 1 General First Entry Clearance Visa Issued Date: 9th Feb, 2009

First Entry to UK: 6th March, 2009

After two extensions now I have visa till 9th September, 2014

Please confirm can I apply ILR (Permanent Residency) 28days before my first entry clearance visa issuance date i.e 9th Feb, 2009. I want to book PEO appointment on 13th Jan, 2014 28 days before 9th Feb, 2009 or at the end of December according to 90 days concession period? ILR documentation says:

-------------------------------

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.
-----------------------------------

Thanks for your earliest response.


Regards,
XXXX

abdik1980, what is the email address that you have sent your email to?

[abdik1980]

workoperationalpolicy@homeoffice.gsi.gov.uk OR
SettlementOpsPolicy@homeoffice.gsi.gov.uk