Continuous 5 yr period start date

[psTier1]

I entered UK on work permit on 03/03/2008 but WP Entry Clearance stamped date on my passport is 18/02/2008 so could someone please confirm whether my 5 year continuous period starts from 18/02/2008 or 03/03/2008?
Based on this please confirm earliest date to apply ILR (considering prior 28 days window).

[wpilr_nov12]

What is your current visa? What is its expiry?

[psTier1]

What is your current visa? What is its expiry?

Current visa is Tier 1 General. Expiry date is Nov 2013.

[saran79]

you are eligible from 21st of jan, unless you have got a gap in changing from wp to tier1

[psTier1]

you are eligible from 21st of jan, unless you have got a gap in changing from wp to tier1

Thanks saran79, No there was no gap in between.

[cs95tdg]

I entered UK on work permit on 03/03/2008 but WP Entry Clearance stamped date on my passport is 18/02/2008 so could someone please confirm whether my 5 year continuous period starts from 18/02/2008 or 03/03/2008?
Based on this please confirm earliest date to apply ILR (considering prior 28 days window).

Current visa is Tier 1 General. Expiry date is Nov 2013.

I presume this means you switched immigration categories (WP to T1G) in country? If so, then your ILR clock begins from your date of entry (03/03/2008) & not EC. Therefore you will be eligible to apply for ILR upto 28 days before the 5th anniversary from 03/03/2008.

[psTier1]

I presume this means you switched immigration categories (WP to T1G) in country? If so, then your ILR clock begins from your date of entry (03/03/2008) & not EC. Therefore you will be eligible to apply for ILR upto 28 days before the 5th anniversary from 03/03/2008.

Thanks cs95tdg, but your statement just created confusion based on previous comment from saran79.
Please confirm guys .....

[cs95tdg]

I presume this means you switched immigration categories (WP to T1G) in country? If so, then your ILR clock begins from your date of entry (03/03/2008) & not EC. Therefore you will be eligible to apply for ILR upto 28 days before the 5th anniversary from 03/03/2008.

Thanks cs95tdg, but your statement just created confusion based on previous comment from saran79.
Please confirm guys .....

The 3 month concession to consider the time between EC & date of entry towards your 5 year residency does not apply to you as you switched immigration categories (WP to T1G). E.g. if your 5 year residence was made up of time spent as a HSMP + T1G Migrant then what saran79 stated would have been correct.

Further explanation is provided under Q5 in the ILR FAQ: http://www.immigrationboards.com/viewtopic.php?t=79378

Q5 - My current leave as economic migrant expires before I complete the qualifying residential period. Can I apply for ILR?

Under current directions you must apply for extension before your current leave expires. The only exception to this, as per current UKBA guidances, is if you delayed your entry in UK by (at most) 3 months from date of issue of entry clearance and fall short of completing the residential qualifying period due to delayed entry in the UK. In such case one may apply for settlement before the current leave expires.
Note: If you have switched immigration categories (e.g. - Tier 2 to Tier 1, Tier 2 (ICT) to Tier 2 (General), went abroad to change immigration categories through entry clearance) during the qualifying residential period, and if you have not been granted 5 years continuous leave since the issue of entry clearance, then this concession does not apply to you.

[Pratham]

Is the visa switch rule mentioned somewhere? The modernised guidance does not refer to any condition?

psTier1 has been granted 5 year continuous leave since entry clearance.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I presume this means you switched immigration categories (WP to T1G) in country? If so, then your ILR clock begins from your date of entry (03/03/2008) & not EC. Therefore you will be eligible to apply for ILR upto 28 days before the 5th anniversary from 03/03/2008.

Thanks cs95tdg, but your statement just created confusion based on previous comment from saran79.
Please confirm guys .....

The 3 month concession to consider the time between EC & date of entry towards your 5 year residency does not apply to you as you switched immigration categories (WP to T1G). E.g. if your 5 year residence was made up of time spent as a HSMP + T1G Migrant then what saran79 stated would have been correct.

Further explanation is provided under Q5 in the ILR FAQ: http://www.immigrationboards.com/viewtopic.php?t=79378

Q5 - My current leave as economic migrant expires before I complete the qualifying residential period. Can I apply for ILR?

Under current directions you must apply for extension before your current leave expires. The only exception to this, as per current UKBA guidances, is if you delayed your entry in UK by (at most) 3 months from date of issue of entry clearance and fall short of completing the residential qualifying period due to delayed entry in the UK. In such case one may apply for settlement before the current leave expires.
Note: If you have switched immigration categories (e.g. - Tier 2 to Tier 1, Tier 2 (ICT) to Tier 2 (General), went abroad to change immigration categories through entry clearance) during the qualifying residential period, and if you have not been granted 5 years continuous leave since the issue of entry clearance, then this concession does not apply to you.

[cs95tdg]

Is the visa switch rule mentioned somewhere? The modernised guidance does not refer to any condition?

psTier1 has been granted 5 year continuous leave since entry clearance.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I presume this means you switched immigration categories (WP to T1G) in country? If so, then your ILR clock begins from your date of entry (03/03/2008) & not EC. Therefore you will be eligible to apply for ILR upto 28 days before the 5th anniversary from 03/03/2008.

Thanks cs95tdg, but your statement just created confusion based on previous comment from saran79.
Please confirm guys .....

The 3 month concession to consider the time between EC & date of entry towards your 5 year residency does not apply to you as you switched immigration categories (WP to T1G). E.g. if your 5 year residence was made up of time spent as a HSMP + T1G Migrant then what saran79 stated would have been correct.

Further explanation is provided under Q5 in the ILR FAQ: http://www.immigrationboards.com/viewtopic.php?t=79378

Q5 - My current leave as economic migrant expires before I complete the qualifying residential period. Can I apply for ILR?

Under current directions you must apply for extension before your current leave expires. The only exception to this, as per current UKBA guidances, is if you delayed your entry in UK by (at most) 3 months from date of issue of entry clearance and fall short of completing the residential qualifying period due to delayed entry in the UK. In such case one may apply for settlement before the current leave expires.
Note: If you have switched immigration categories (e.g. - Tier 2 to Tier 1, Tier 2 (ICT) to Tier 2 (General), went abroad to change immigration categories through entry clearance) during the qualifying residential period, and if you have not been granted 5 years continuous leave since the issue of entry clearance, then this concession does not apply to you.

What you say is true, in that a condition is not stated in the guidance notes. I recall raising this same question, last year... This was the topic discussion. http://www.immigrationboards.com/viewtopic.php?t=112082&

Note that I realise the wording in the continuous residence guidelines has changed on Dec 13th, therefore it may be worth submitting this same question to the UKBA SettlementOps helpline to understand whether their stance on this has changed since then (i.e. based on the updated rules).

[psTier1]

So based on above comments I am eligible to apply from/ after 4th Feb 2013. (based on my UK entry date, 03/03/2008). Right??

[cs95tdg]

Yes.

[Pratham]

PsTier1 - I have seen nothing in the policy guidance contrary to this, hence I personally think your 5 year period starts from 18/02/2008.

cs95tdg - I read that post earlier and a number of others, almost all focus (may be rightly) on visas which expire before the 5 year period.
This case which is very similar to mine which involves WP->T1->T1 extension hence there is plenty of leave left but there may be other reasons why someone may prefer to apply sooner.

Do you have the email id for UKBA referred in your post above ?

So based on above comments I am eligible to apply from/ after 4th Feb 2013. (based on my UK entry date, 03/03/2008). Right??

[cs95tdg]

cs95tdg - I read that post earlier and a number of others, almost all focus (may be rightly) on visas which expire before the 5 year period.
This case which is very similar to mine which involves WP->T1->T1 extension hence there is plenty of leave left but there may be other reasons why someone may prefer to apply sooner.

Do you have the email id for UKBA referred in your post above ?

Worth getting confirmation from the Settlement Ops team with the recent immigration rule changes. The email address I generally use for questions on Policy and Immigration Rule related questions is "SettlementOpsPolicy@homeoffice.gsi.gov.uk".

I raised this last year as I too knew I would fall under the category of WP+T1+T1 and wanted confirmation on the earliest date I would be eligible to apply, even though I had more than sufficient leave to remain to cover the entire 5 year period.

[Pratham]

Cheers mate, have just emailed them.

What did they reply to your query?

cs95tdg - I read that post earlier and a number of others, almost all focus (may be rightly) on visas which expire before the 5 year period.
This case which is very similar to mine which involves WP->T1->T1 extension hence there is plenty of leave left but there may be other reasons why someone may prefer to apply sooner.

Do you have the email id for UKBA referred in your post above ?

Worth getting confirmation from the Settlement Ops team with the recent immigration rule changes. The email address I generally use for questions on Policy and Immigration Rule related questions is "SettlementOpsPolicy@homeoffice.gsi.gov.uk".

I raised this last year as I too knew I would fall under the category of WP+T1+T1 and wanted confirmation on the earliest date I would be eligible to apply, even though I had more than sufficient leave to remain to cover the entire 5 year period.

[cs95tdg]

Cheers mate, have just emailed them.

What did they reply to your query?

They responded, stating that my ILR residence period would begin from the WP date of entry.

[mulderpf]

Actually, the guidance, website and forms are all pretty clear on it, because it refers to "legally living in the UK", "continuous residence period", "has spent a period of 5 years lawfully in the UK" and so on.

It does not say anywhere "being able to live in the UK" or 5 years worth of leave.

The only exceptions to this are specifically pointed out, such as the 3 month delay to entry rule.

[cs95tdg]

Actually, the guidance, website and forms are all pretty clear on it, because it refers to "legally living in the UK", "continuous residence period", "has spent a period of 5 years lawfully in the UK" and so on.

It does not say anywhere "being able to live in the UK" or 5 years worth of leave.

The only exceptions to this are specifically pointed out, such as the 3 month delay to entry rule.

I'm not totally sure I understood what you mean't to say here. Is it that "yes", it's correctly implied that you should only be allowed to count your ILR residence from date of entry opposed to EC date, even though you entered within 3 months of EC? I.e. in cases where you switched immigration categories since entering, i.e. in this case WP to T1G?

[cs95tdg]

Cheers mate, have just emailed them.

What did they reply to your query?

They responded, stating that my ILR residence period would begin from the WP date of entry.

I just thought I'd share this information as I today received a response to the query I sent to the SettlementPolicyOps Team subsequent to this post.

Contrary to the response & understanding I had before the Dec 13th rule changes, they have today answered my question on whether the time between EC and Date of first Entry to the UK will be considered towards the 5 year residence period, even in cases where the residence period is made up of WP+T1G. I.e. the applicant has switched immigration categories in-country (so long as the gap between EC & Date of entry is not more than 3 months). The answer was "Yes".

[psTier1]

Contrary to the response & understanding I had before the Dec 13th rule changes, they have today answered my question on whether the time between EC and Date of first Entry to the UK will be considered towards the 5 year residence period, even in cases where the residence period is made up of WP+T1G. I.e. the applicant has switched immigration categories in-country. The answer was "Yes".

Thanks cs95tdg for updating us ...... so after 18/02/2013 I can write 5 yrs in SET (O) form as my EC date is 18/02/2008. Right?

[cs95tdg]

psTier1, which question in the form is that you are referring to?

Where it asks you how long you have lived in the UK, you still need to state the exact number of years and months from date of entry (not EC). But when it asks you to confirm whether you have spent a continuous period of 5 years lawfully in the UK, you would answer "yes".

[Pratham]

Cheers mate, have just emailed them.

What did they reply to your query?

They responded, stating that my ILR residence period would begin from the WP date of entry.

I just thought I'd share this information as I today received a response to the query I sent to the SettlementPolicyOps Team subsequent to this post.

Contrary to the response & understanding I had before the Dec 13th rule changes, they have today answered my question on whether the time between EC and Date of first Entry to the UK will be considered towards the 5 year residence period, even in cases where the residence period is made up of WP+T1G. I.e. the applicant has switched immigration categories in-country (so long as the gap between EC & Date of entry is not more than 3 months). The answer was "Yes".

Just to add to this, the response I received from UKBA -

Me to UKBA -
-------------------------------------
As per modernize guidance v6.0 (13 December) at http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

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.

I need the following clarifications regarding this statement –

Does the word ‘may be counted’ above mean this it at the discretion of the case worker?
Under what circumstances will the discretion be used?

UKBA response
-----------------------------------
Dear Sir/Madam,

The words ‘may be’ mean that the caseworker has discretion to allow this 90 day period to be counted towards the 5 year requirement. The circumstances are that the delayed entry does not exceed 90 days

Me to UKBA
-------------------------------------
Thanks, further clarification regarding your statement below -

"The circumstances are that the delayed entry does not exceed 90 days"

Are those the only circumstances? For example if an applicant has sufficient leave to remain to cover the residence period, but decides to apply earlier based on entry clearance date, will this discretion be applied?

UKBA response
-----------------------------------
The continuous period is now calculated backward from the date of application, but if when this calculation is completed, there is a shortfall due to the applicant having delayed their entry to the UK, then provided the delay did not exceed 90 days, then the period of delay will be considered as though the applicant has spent that period in the UK.

I trust this clarifies the situation


---------------------------------------
I think that nails it ?

[crusador0408]

Sorry to say am still bit confused when counting backwards. A quick info in my case:

Entry clearance - 03/04/2008
Date of entry - 10/05/2008
Expiry - 03/04/2013

Am I eligible and how soon I can apply?

[wpilr_nov12]

Sorry to say am still bit confused when counting backwards. A quick info in my case:

Entry clearance - 03/04/2008
Date of entry - 10/05/2008
Expiry - 03/04/2013

Am I eligible and how soon I can apply?

During the last 28 days leading up to 3/4/2013.