when to apply for ILR

[valsad]

Hi,

I got my initial 2 years HSMP visa on 2nd March 2004 and came to UK on 27th March 2004.

I applied for HSMP extension in February 2006 and got 3 years HSMP extension expiring on 2nd March 2009. My question is on what date do I have to apply for ILR. Does the 5 years qualifing period starts from 2nd March 2004 or from 27th March 2004. If it starts from 27/03/04 then do I have to apply on 27th Feb 2009 or 28th Feb 2009 so as to fit in 28 days window. Please help me as I am worried that if I have to apply for HSMP extension then under new Tire 1 criteria I will not qualify for extension. I am also prepared to use permium service to get same day approval to save days.

Also if I send my application by special delivery, on what earliest date do i have to post it. Which date Home office considers the application date, the date of posting or the date they receives my ILR application.

Thanks

[vinny]

I believe that your qualifying period started when you initially entered the UK, i.e.on 27 March. Therefore, you may apply for ILR between 27 Feb 2009 and 02 March 2009.

Determination of the date of an application or claim (or variation of an application or claim) in connection with immigration

34G.For the purposes of these rules, the date on which an application or claim (or a variation in accordance with paragraph 34E) is made is as follows:

(i) where the application form is sent by post, the date of posting,

(ii) where the application form is submitted in person, the date on which it is accepted by a public enquiry office of the Border and Immigration Agency of the Home Office,

(iii) where the application form is sent by courier, the date on which it is delivered to the Border and Immigration Agency of the Home Office, or

(iv) where the application form is submitted online, the date on which it is so submitted.

[valsad]

I contacted home office and some says earliest I can apply is 27th feb and some says its 28th feb. Some said you count 27th March 2009 in counting back 28 days so its 28th feb. Also one adviser at HO said I can't apply in person at PEO on 2nd March 2009 as that is the last day of my visa.

please help me out of this confusion of dates.

[Siggi]

Valsad,

The date of your application is academic at this point, as there is a strong possibility that ILR will change or fall away in favour of probational residences or some thing equally stupid.

Wait till December when the HO will make the finding of the lastest scheme known.

In principal Vinny is correct at this point in time.