28 days confusion of ILR

[dubeyv]

The date from which you should calculate 28days would be 21/09/2013.

[dubeyv]

How to calculate year 5 absences. My date of entry into the UK is 12/10/2008. Should I calculate 17/09/2008 to 12/10/2008 as absences?
No those days are not absent and is included in your 5 year stay, but in the SET o form you would write actually how many days you have lived in the country starting from 12/10/2008

[CSREDDY25]

Thank you dubeyv. Appreciate your reply.


Is that date my right or is it at the case workers discretion?

you have the right to apply for ILR not more than 28 days before the end of your qualifying period (of 5 years);
- only if you cannot apply before your visa expires due to the late entry, a CW is given a discretion of counting "the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months."

In my case Ideally 16th september 2013 is 28 days before my 5th anniversay date of entry in to the UK ( 12/10/2008) and my current visa is valid until 4th Oct 2013. But if I count backwards from 21st sept 2013 (5th anniversary of visa stamp) then I could apply from 27th August 2013. In that case can the case worker turn me back saying that I still have the leave to remain?

sorry for the long post. But i want to apply asap as my wife needs to apply for FLR(M) after i get ILR and she has to do it before her visa expiry( 04/10/2013), unless she can apply on the same day of my ILR PEO appointment.

very much appreciate your responses.

[CSREDDY25]

can anyone please advise on this .

(Tier-1 EC: 21/09/2008
Date of Entry :12/10/2008
Tier-1 Expires: 04/10/2013)

If I apply 28 days before 5th anniversary of EC( 21/09/2013) , is that my Right or CW's discretion?