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ILR (Tier 1 General) timelines - am I mistaken?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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katwmn6
Member
Posts: 136
Joined: Sat Oct 06, 2007 3:16 pm

ILR (Tier 1 General) timelines - am I mistaken?

Post by katwmn6 » Tue Dec 24, 2013 4:14 pm

Hi everyone,

I suspect I may be calculating my ILR eligibility dates/income windows incorrectly and would really appreciate some feedback. Questions in red for ease of reading.

1) Eligibility for ILR:

My Tier 1 (General) visa was granted on 23/03/2009
I entered the UK on 29/03/2009
My visa expires on 23/03/2014

I have calculated that the earliest I can apply for ILR is 01/03/2014 (29/3/2014 minus 28 days). Is this correct?

2) 15 month window for claiming earnings:

I plan to claim income from Dec 2012 through Nov 2013. Is Dec 2012 within the 15 month window if I apply on 1/3/2014? Counting Dec 2012 inclusive, Jan 2013, Feb 2013 etc. through to March 2014 gives me 16 months, not 15.

3) 12 month window for claiming earnings:

Is the 12 month window counted as calendar months or as exact dates? I.e. do you count 12 months from the date the money was deposited (e.g. 21 Dec 2012 through 21 November 2013), or do you simply count the calendar months in full (e.g. Dec 2012 through Nov 2013)? I ask because my Dec 2012 income was deposited on the 21st, and my Nov 2013 income was deposited on the 29th - this is slightly outside of 12 months if counting by days, but is exactly 12 months if counting full calendar months. Which is the correct way to count?

Any help on this would be greatly appreciated.

UKBALoveStory
Senior Member
Posts: 746
Joined: Wed Jan 04, 2012 9:25 pm
Afghanistan

Re: ILR (Tier 1 General) timelines - am I mistaken?

Post by UKBALoveStory » Tue Dec 24, 2013 10:08 pm

You can apply on 23/03/2014-28 days

katwmn6
Member
Posts: 136
Joined: Sat Oct 06, 2007 3:16 pm

Post by katwmn6 » Fri Dec 27, 2013 10:12 am

Hi Lovestory,

Based on the guidance & other posts here, I had believed it was 28 days from the date of entry (e.g. 29/3), as that is indicative of the start of the qualifying period.

If any gurus are able to respond to this and the other 2 queries in the initial post I would be incredibly grateful.

Hope everyone is enjoying their holidays.

UKBALoveStory
Senior Member
Posts: 746
Joined: Wed Jan 04, 2012 9:25 pm
Afghanistan

Post by UKBALoveStory » Fri Dec 27, 2013 10:38 am

qualifying period will start from your visa stamp date if your initial entry is within 90 days of visa stamp date.

katwmn6
Member
Posts: 136
Joined: Sat Oct 06, 2007 3:16 pm

Re: ILR (Tier 1 General) timelines - am I mistaken?

Post by katwmn6 » Tue Dec 31, 2013 9:53 am

Thanks for the response, LoveStory. Can you link me to where it says this in the guidance or immigration law?

Also does anyone have any insight into calculating the 12/15 month window for Tier 1 (General) income?

Many thanks everyone, happy new year.

UKBALoveStory
Senior Member
Posts: 746
Joined: Wed Jan 04, 2012 9:25 pm
Afghanistan

Re: ILR (Tier 1 General) timelines - am I mistaken?

Post by UKBALoveStory » Thu Jan 02, 2014 4:14 pm

I am not an immigration adviser...All IMHO.

katwmn6
Member
Posts: 136
Joined: Sat Oct 06, 2007 3:16 pm

Re: ILR (Tier 1 General) timelines - am I mistaken?

Post by katwmn6 » Wed Jan 08, 2014 7:33 pm

Many thanks for your help with this, LoveStory.

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