Late Entry - Tricky Situation

[rg_del]

Hi All,

I have a tricky situation regarding calculating my 5 years entry period. Could you please advise on the following two doubts.

a) I applied for the EC from India and got it in Aug-2010, the start date on EC was 02-Oct-2010 (as requested in the visa application form). I first entered UK on 02-Dec-2010. Does the 90 days exceptional rule calculates from the date on EC or from the date EC is granted. (HO guidelines says 90 days from when the EC is granted - I am not sure if they meant to say from the date EC is valid)

b) On top of this, I entered on 2-Dec-2010 and left UK on 11-Dec-2010, I came back again on 27-Jan-2011 and since then I have only left UK for paid holidays.
If I am eligible to be considered under the 90 days rule, will HO consider 2-Dec-2010 as my first entry date or they will only consider 28-Jan-2011 as from this date I actually started living in the UK.

Thanks for reading this, please let me know in-case you need any further details from me.

Regards,
RG

[dk2011]

90 days concession rule is from entry clearance date .
Regarding your entry date, in my opinion 2nd december would be considered . But please wait if someone has to suggest otherwise.

[smartkhan]

Your EC visa start date 2 Oct will be considered. So you'll be fine under 90 days rule.

[rg_del]

Thanks dk2011 and smartkhan!

Do we have any reference where someone with case a) or b) had successful ILR application?

[Mind_The_Gap]

Hi All,

I have a tricky situation regarding calculating my 5 years entry period. Could you please advise on the following two doubts.

a) I applied for the EC from India and got it in Aug-2010, the start date on EC was 02-Oct-2010 (as requested in the visa application form). I first entered UK on 02-Dec-2010. Does the 90 days exceptional rule calculates from the date on EC or from the date EC is granted. (HO guidelines says 90 days from when the EC is granted - I am not sure if they meant to say from the date EC is valid)

b) On top of this, I entered on 2-Dec-2010 and left UK on 11-Dec-2010, I came back again on 27-Jan-2011 and since then I have only left UK for paid holidays.
If I am eligible to be considered under the 90 days rule, will HO consider 2-Dec-2010 as my first entry date or they will only consider 28-Jan-2011 as from this date I actually started living in the UK.

Thanks for reading this, please let me know in-case you need any further details from me.

Regards,
RG

FAQ Q3: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.

[rg_del]

Hi All,

Thanks for your replies!

I am wondering if my "48 days" absence after "10 days" of my first entry might be considered a break in residency or reflect that I started residing in UK from Jan-2011 rather then Dec-2010?

All my documents like tax, bank statements, payslips starts from Jan-2011. I am a bit worried if I apply in Sep-2015 I might be risking the fees.

Regards,
RG

[rg_del]

Hi Admins,

Just wondering, if someone can advise me on my query?

Regards,
Rishi