ILR 5 year continuous period calculation query

[squalliram]

Hello,


I would be applying for Indefinite Leave to Remain (ILR) towards the end of this year and I wanted some information back regarding the continuous period of 5 years. I applied for my Tier-2 General for the first time at the end of December 2012. My visa at that time was Tier-1 Post Study Work (PSW) Visa and its expiry date was 23/12/2012.

I applied for Tier-2 General Visa just before 23/12/2012 i.e. between 20/12/2012 - 23/12/2012 (don't remember exact date).
Continuous Period Query: I received my Tier-2 General visa in February and the start date was stamped for 08/02/2013. During this time i.e. between 23/12/2012 to 08/02/2013, the application was with the Home Office. Can someone please advise me whether this duration would be counted towards the 5 year ILR period or not? I'm sure others would've been in the same situation and some expert advise would really help.

Looking forward to your replies.

Cheers.

[CR001]

Can someone please advise me whether this duration would be counted towards the 5 year ILR period or not?

No it does not. Applying before your PSW expired means that your PSW visa conditions continue.

Your qualifying date for ILR is no sooner than within 28 days before 8th February 2018.

[squalliram]

Does this mean that I'd be eligible to apply on or after 11th January 2018?

Cheers.

[CR001]

Yes if that is WITHIN 28 days.