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Applications that fall of 5 year continuous period for ILR

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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globetrotter_ks
Member
Posts: 100
Joined: Fri Jan 09, 2009 3:51 pm
Location: London

Applications that fall of 5 year continuous period for ILR

Post by globetrotter_ks » Wed Mar 27, 2013 3:49 am

Dear All

You might need pen and paper for this :-)

AnnexB section 2.2 says

Applications that fall of 5 year continuous period:

In some cases applicants may have been granted five year continuous leave but will not have spent five years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date applicant entered the UK towards the five years, provided period was not longer than 3 months.

MY CASE
_______


Tier1 Visa issued entry clearance : 17 feb 2009 - Expired : 17 feb 2012 ( but entered UK first on 6 aug 2009- late by 5 months and 20 days )

1st Extension issued: 11 may 2012 to 11may 2014 ( gap of 2 months and 24 days between expiry and new FLR )
_____________________________________________________
From 6 aug 2009 to 11 may 2014 is 4 yrs and 9 months and 5 days
From 17 Feb 2009 to 11 may 2014 is 5 yrs and 2 month and 24 days

If i take 3 months clause into consideration still i entered late by 2 months and 19 days. ( from 18 may 2009)

All i want to know now is can i apply for ILR or have to go for another Extension ??

Coz from 17 Feb 2009 to 11 may 2014 makes it 5 yrs 2 months and 24 days.
but from 6 Aug 2009 ( my entry date) to 11 may 2014 makes it 4yrs 9 months and 5 days.

pls help

ban.s
Moderator
Posts: 1981
Joined: Sat Jan 14, 2012 9:21 pm
Location: The Big Smoke

Post by ban.s » Wed Mar 27, 2013 5:19 am

as you entered to the Uk more than 3 months after your entry clearance, hence the ILR clock starts from the date of entry. You complete 5 yr on 6 Aug 2014 and can apply 28 days before.

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