Eligibility for ILR and 90 day concession rule

[timtom]

I'm re-posting my query for clarification.

May I please clarify for my sanity, as I am getting a lot conflicting advice i.e. when the 90 day concession rule applies. Some advise that the 90 day concession rule will only be applied if my leave was due to expire before I make my application. My history is as follows:

Work Permit - entry clearance granted 9 January 2009
Physically entered the UK on 24 January 2009
Switched to Tier 1 (G) on 9 July 2009
Renewed Tier 1 (G) in 2012 which expires in September 2014.

Am planning to submit my application for ILR on 13 December 2013 using the 90 day concession rule. Am I safe to do so?

Many thanks for your help.

[Damanisshallo]

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.

[timtom]

Thanks Damanisshallo. I have provided a table summarising my absences for the 12 month period from the date of my application (13 December 2013). Year 1 is 13 December 2008 to 13 December 2009. 13 December 2008 is before my entry clearance date (9 Jan 2009). Can I disregard my absence between 13 Dec 2008 and entry clearance date?

[abdik1980]

I'm re-posting my query for clarification.

May I please clarify for my sanity, as I am getting a lot conflicting advice i.e. when the 90 day concession rule applies. Some advise that the 90 day concession rule will only be applied if my leave was due to expire before I make my application. My history is as follows:

Work Permit - entry clearance granted 9 January 2009
Physically entered the UK on 24 January 2009
Switched to Tier 1 (G) on 9 July 2009
Renewed Tier 1 (G) in 2012 which expires in September 2014.

Am planning to submit my application for ILR on 13 December 2013 using the 90 day concession rule. Am I safe to do so?

Many thanks for your help.

I am in same boat.

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

Which one is true: (A)
--------------------------------------------------------
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.

(B)
-------------------------------------------------------

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

[Damanisshallo]

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

Which one is true:

Both A and B are more of a statement than a question and both statements are true in their own perspective.


(A)
--------------------------------------------------------
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.

(B)
-------------------------------------------------------

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

Yes, you can if you wish to.

[abdik1980]

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

Which one is true:

Both A and B are more of a statement than a question and both statements are true in their own perspective.


(A)
--------------------------------------------------------
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.

(B)
-------------------------------------------------------

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

Yes, you can if you wish to.

Thank you for reply.

[abdik1980]

I got my ILR approved today under 90 Days Concession Rule. Thank you very much everyone for help

[Amber]

Congratulations.

[abdik1980]

Special Thanks to you. You have been extremely helpful.

[tpk75]

Hi
I am just wondering if I can apply in the 90 day concession rule. My first visa was stamped on April 8 2009 and landed in UK on April 24 2009. I renewed visa in Mar14 2012 and it is valid until Mar 14 2014. Can I apply for ILR on Mar 12 2014 as per the 90 day concession rule. Has anyone got rejected even after eligible as per 90 day concession ? Thanks for any inputs. D

[abdik1980]

Hi
I am just wondering if I can apply in the 90 day concession rule. My first visa was stamped on April 8 2009 and landed in UK on April 24 2009. I renewed visa in Mar14 2012 and it is valid until Mar 14 2014. Can I apply for ILR on Mar 12 2014 as per the 90 day concession rule. Has anyone got rejected even after eligible as per 90 day concession ? Thanks for any inputs. D

Yes you are can apply for ILR on Mar 12 2014 . thanks

[tpk75]

Thanks Abdik.

[Victoroa]

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