5 years Calculation ILR - from PSW to Tier 1

[etelsa]

Hi all,

Thanks for looking at my question.

I would like to know when I should go to apply for ILR

My visas as follows:

PSW (International Graduate Scheme): 28 April 2008 to 28 April 2009 (I applied myself at Croydon HO)
Tier 1 General: 27th May 09 to 27 May 2012 (I applied by post on 26th March 2009)
Tier 1 General Extension: Valid until 27th May 2014 ( I went to the HO Croydon on 15 March 2012)

With all of the above into account when is the earliest I can apply for ILR.

Many thanks in advance and regards

[longshift]

Anytime after 24th April 2014...

PSW doesn't count for ILR qualifying period...

[allwell46]

Hi

Are you saying period spent on psw dependant does not count towards ilr.

My wife was my psw dependant in june 2009 to jan 2010 and then tier 1 general dependant from jan 2010 to till today.

I have recently applied for ilr on 10 years basis. And thinking to apply for my wifes set m ilr on june 2014 when she would hv completed her five years being pbs dependant.

Could you advise if we are on right track.

Regards

[etelsa]

Thanks longshift for your answer.
I understand that PSW doesn't count. But how about that gap between 28th April 2009 till the approval of first Tier1. Wouldnt that waiting month count towards the 5 years in which case I mighr be able to apply end of March 2014 for ILR? I think that is the main question in my post.

Thanks again

[etelsa]

Anyone out there to help please?

Given the following:

PSW (International Graduate Scheme): 28 April 2008 to 28 April 2009 (I applied myself at Croydon HO)
Tier 1 General: 27th May 09 to 27 May 2012 (I applied by post on 26th March 2009)
Tier 1 General Extension: Valid until 27th May 2014 ( I went to the HO Croydon on 15 March 2012)

Should I apply end of March 2014 or end of April 2014?

I know that PSW don't qualify for the 5Y, but then how about that month between 28 April 2009 and 27 May 09 (Does it not count on my 5 years qualifying period) when I was waiting for my passport to be return by the HO


Many thanks

[etelsa]

Hi All,

Anyone out there able to help?
Hi all,

Thanks for looking at my question.

I would like to know when I should go to apply for ILR

My visas as follows:

PSW (International Graduate Scheme): 28 April 2008 to 28 April 2009 (I applied myself at Croydon HO)
Tier 1 General: 27th May 09 to 27 May 2012 (I applied by post on 26th March 2009)
Tier 1 General Extension: Valid until 27th May 2014 ( I went to the HO Croydon on 15 March 2012)

With all of the above into account when is the earliest I can apply for ILR.

3C immigration act 1971 ?

Thanks

[longshift]

Thanks longshift for your answer.
I understand that PSW doesn't count. But how about that gap between 28th April 2009 till the approval of first Tier1. Wouldnt that waiting month count towards the 5 years in which case I mighr be able to apply end of March 2014 for ILR? I think that is the main question in my post.

Thanks again

That period will go under PSW visa.

Section 5(3c) says,

"It is often not possible to decide an application for an extension of leave until after the
period of leave has expired. To prevent applicants from becoming overstayers
through no fault of their own, section 118 of the Nationality, Immigration and Asylum
Act 2002 introduced an amended section 3C into the Immigration Act 1971. Section
3C automatically extends the leave of a person who has made an application for
further leave to remain during a period of extant leave. Technically, the leave is
"treated as continuing"."

[longshift]

Hi

Are you saying period spent on psw dependant does not count towards ilr.

My wife was my psw dependant in june 2009 to jan 2010 and then tier 1 general dependant from jan 2010 to till today.

I have recently applied for ilr on 10 years basis. And thinking to apply for my wifes set m ilr on june 2014 when she would hv completed her five years being pbs dependant.

Could you advise if we are on right track.

Regards

You are fine mate as PSW does count for ILR on 10 year basis. The OPs situation is different than yours as he/she is applying under 5 year rule. You are on right track.

[etelsa]

Excellent. Many many thanks. Just wanted to confirmed what I had read in 3C of the legislation act

[etelsa]

@longshift or anyone out there

Hi could you tell me why you suggest that I should apply after 24th April. If it is not earlier than 28 days and my expiry date is 27 May shouldnt I be aplying from the 30th of April.

Many thanks and regards