ILR application for Late Entry (less than 90 days)

[sudhindra_p]

Hi,
I applied for Tier 1 (General) application while working in USA and got it approved...Following are the details

First Entry Clearance Date : 01-Feb-2009 Approved Until 01-Feb-2012
T1 Extension approved and Valid Until 10-Feb-2014

I entered UK on 19-April-2009 (69 Days later than clearance date)
Was out of country on holiday break for 40 days in 5 years.

While reading through the rules and some of the experience of other guys, I found the link while suggest that I am eligible despite the fact that I entered 69 days late.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Following are my queries
1. Am I eligible for ILR even when I was not present in UK for 5 years completely (physically)
2. The section from PDF is confusing (copied below). I was working until 04-Apr-2009 in USA before landing in UK on 19-Apr-2009. Does that mean I am not eligible (with reference to confusing section)
If the absences are connected to other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is considered broken.

Your help is highly appreciated..

[manci]

Apply between now and 10 Feb 2014.

The concession that allows you to do this is on p21 (immediately above the para you quoted):
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Applications can be sent 28 days before the end of the qualifying period. The end of the qualifying period in your case will be 1 Feb 2014.

The 40 day holiday absence is not an issue.

IMHO what you quoted would only apply if you left the UK while on T1G and took employment abroad during the period of absence.

[sudhindra_p]

Apply between now and 10 Feb 2014.

The concession that allows you to do this is on p21 (immediately above the para you quoted):
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Applications can be sent 28 days before the end of the qualifying period. The end of the qualifying period in your case will be 1 Feb 2014.

The 40 day holiday absence is not an issue.

IMHO what you quoted would only apply if you left the UK while on T1G and took employment abroad during the period of absence.

Hi Manci, Thanks for the response...

I am confused with your response... The in person booking is available on 4th of Feb 2014. I hope that is ok.. Because you mentioned 1 Feb 2014...

Pl confirm asap

[manci]

4 Feb 14 is OK for the PEO appointment.

1 Feb 14 is the end of the qualifying period and the earliest you could have applied was 28 days before then (i.e. 3 Jan 14) but of course you can also apply later. Your present leave expires on 10 Feb 14 that is why I said that you should apply before this date.

[sudhindra_p]

Hi, Thanks again...

I want to be 100% sure about my point 2 mentioned in my very first post

<The section from PDF is confusing (copied below). I was working until 04-Apr-2009 in USA before landing in UK on 19-Apr-2009. Does that mean I am not eligible (with reference to confusing section) >

Pl confirm.

Thanks in advance.