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Qualifying Period

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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mavrick7
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Posts: 21
Joined: Wed Mar 18, 2009 6:52 pm

Qualifying Period

Post by mavrick7 » Thu Jun 07, 2012 7:57 pm

Hi Senior Members

I am totally confused about all the jargon about calculating the qualifying period for ILR and cannot seem to understand it.

My situation
1) Entry Clearance = 10/09/2007
2) Entered UK = 20/09/2007

28 days before 5 years
if I calculate 28 days from Entry Clearance, I will be eligible to apply from 13/08/2012 or should I,
if I calculate 28 days from Date of entry, I will be eligible to apply from 23/08/2012

Which one is right?? considering I am well within the range of 180 days out of country on my holidays.

Please advice.

Many thanks

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Re: Qualifying Period

Post by Lucapooka » Thu Jun 07, 2012 8:39 pm

mavrick7 wrote:calculate 28 days from Date of entry
This one

geriatrix
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United Kingdom

Post by geriatrix » Thu Jun 07, 2012 8:52 pm

Life isn't fair, but you can be!

mavrick7
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Posts: 21
Joined: Wed Mar 18, 2009 6:52 pm

Re: Qualifying Period

Post by mavrick7 » Thu Jun 07, 2012 8:57 pm

Lucapooka wrote:
mavrick7 wrote:calculate 28 days from Date of entry
This one
Hi

But some people say I should calculate it from Entry Clearance as I only have 10 days gap between EC and Date of entry, which can be counted as a part of the 5 year as it is within 3 months.

Isn't this right?

geriatrix
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Post by geriatrix » Thu Jun 07, 2012 8:58 pm

The may be wrong or correct, but we cannot comment on that until we know the expiry date of your current leave and whether you switched immigration categories during these 5 years.
Life isn't fair, but you can be!

mavrick7
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Posts: 21
Joined: Wed Mar 18, 2009 6:52 pm

Post by mavrick7 » Thu Jun 07, 2012 9:19 pm

sushdmehta wrote:The may be wrong or correct, but we cannot comment on that until we know the expiry date of your current leave and whether you switched immigration categories during these 5 years.
Background

HSMP EC = 10/09/2007
HSMP Entry = 20/09/2007

Tier-1 extension
03/08/2009 till 10/09/2012

geriatrix
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Post by geriatrix » Thu Jun 07, 2012 9:35 pm

mavrick7 wrote: HSMP EC = 10/09/2007
HSMP Entry = 20/09/2007

Tier-1 extension
03/08/2009 till 10/09/2012
You have enough leave to complete the 5 years residential period, so those "some people" are wrong.

You may apply for settlement between 24-Aug and 10-Sep.
Life isn't fair, but you can be!

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