5 years qualifying period

Hi

I got my first tier 1 visa issued on 3rd Sep 2010 and my first entry in the UK is 6th Nov 2010. Can someone please help me understand if I can calculate the 5 year qualifying period from 3rd Sep 2010 as there is less than 90 days gap between the visa issue date and UK entry date.

I am relating to the below condition from UKBA

Period between the issue of entry clearance and entering the UK
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.

Thanks in advance

Apoorv

apoorv81 wrote:Hi

I got my first tier 1 visa issued on 3rd Sep 2010 and my first entry in the UK is 6th Nov 2010. Can someone please help me understand if I can calculate the 5 year qualifying period from 3rd Sep 2010 as there is less than 90 days gap between the visa issue date and UK entry date.

I am relating to the below condition from UKBA

Period between the issue of entry clearance and entering the UK
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.

Thanks in advance

Apoorv

Yes, you are eligible 28 days before your date of issue... meaning you are eligible now!

physicskate wrote:

apoorv81 wrote:Hi

I got my first tier 1 visa issued on 3rd Sep 2010 and my first entry in the UK is 6th Nov 2010. Can someone please help me understand if I can calculate the 5 year qualifying period from 3rd Sep 2010 as there is less than 90 days gap between the visa issue date and UK entry date.

I am relating to the below condition from UKBA

Period between the issue of entry clearance and entering the UK
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.

Thanks in advance

Apoorv

Yes, you are eligible 28 days before your date of issue... meaning you are eligible now!

Thanks for your reply physicskate.

Hi

My first tier 1 visa issue date is 03 Sep 2010 and my UK entry date 06 Nov 2010. As the difference between the 2 dates is less than 90 days I am eligible to apply now.

My question is how do I specify my absences in the SET (O) form https://www.gov.uk/government/uploads/s ... _08-15.pdf.

On Page 22 in Section 6.1

When did you (the main applicant) first enter the UK? This refers to the date of your first
entry into the UK at the beginning of the period of stay on which this application is based.

Should I say 06 Nov 2010 or 03 Sep 2010.

On same page in Section 6.2

Since then have you had any absences from the UK? If yes, give the dates you left and
returned to the UK and the reason for the absence in the spaces below. List all absences
however short and in date order. If you need more space, continue on a separate sheet and
enclose it with your application.

Should my first entry be:
03 Sep 2010 to 06 Nov 2010 with reason saying period between visa issue date and first entry date

OR

Should i just mention my regular absences after 06 Nov 2010 and let the officer calculate the period between my visa issue date and first entry date.

On Page 28, Section 7.11

How long have you lived in the UK?

- Should I calculate this from visa issue date or first entry date.

The whole point how do I make it clear in the application that I am counting my 5 years continuous residence from the visa issue date as the difference between the visa issue date and first entry date is less than 90 days.

Please can somebody help me by clarifying this?

Thanks,

Please can somebody reply, a little clarification will really help??

Learn to be patient!

apoorv81 wrote:

When did you (the main applicant) first enter the UK? This refers to the date of your first
entry into the UK at the beginning of the period of stay on which this application is based.

Ignore every other information that is in your mind that is causing confusion, and answer this question which is in plain, simple English.

Read also FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting, which explains many things including how to calculate absences from the UK.

Hi sushdmehta

Thanks for reply. I am still unclear about the exact date I need to enter there. The wording is confusing and I'll tell you where.

If I read the 1st part

When did you (the main applicant) first enter the UK?

, it means I can only enter 06 Nov 2010 which is my entry date in UK.

But the second part

This refers to the date of your first
entry into the UK at the beginning of the period of stay on which this application is based

creates the confusion whether this can be 03 Sep 2010 or not. I am specifically getting confused by

at the beginning of the period of stay on which this application is based

I've gone through the link you've provided and read about the effective date.

Could you please be a bit specific, it will really help me.

Thanks

1. Your first entry into the UK at the beginning of the period of stay on which this application is based is 06/11/2010

2. You should have applied by now as you were eligible to apply on 03/09/2010 minus 28 days

3. How long have you lived in the UK,-----Count from 06/11/2010, don't confuse with anything else and don't subtract any UK absences from this date. For example if you you apply on 06/09/2015 you will write 4 years and 10 months, it doesn't have to be exact 5 years.
I hope the above clarifies everything.

sushdmehta wrote:Ignore every other information that is in your mind that is causing confusion, and answer this question which is in plain, simple English.

I did tell you what to do, but you still brought in extra information to confuse yourself!!

Could you have entered UK on a date when you were physically outside the UK?
Simple question, simple answer!

On 03-Sep you were not even in possession of your passport - it was still on its way back to you following your application approval. So how on earth could you have entered UK (date of entry) without your passport in your hand??
Simple question, simple answer!

What does "date of entry" mean to you?
Can you stand outside the door of a room and still claim to be inside it? Just because you got the invitation to enter the door (your visa) doesn't mean you have entered the door (UK)!

It is "simple" English, not rocket science! Don't imagine it to be ...

mjm9691 wrote:1. Your first entry into the UK at the beginning of the period of stay on which this application is based is 06/11/2010

2. You should have applied by now as you were eligible to apply on 03/09/2010 minus 28 days

3. How long have you lived in the UK,-----Count from 06/11/2010, don't confuse with anything else and don't subtract any UK absences from this date. For example if you you apply on 06/09/2015 you will write 4 years and 10 months, it doesn't have to be exact 5 years.
I hope the above clarifies everything.

Thanks mjm9691.

sushdmehta wrote:

sushdmehta wrote:Ignore every other information that is in your mind that is causing confusion, and answer this question which is in plain, simple English.

I did tell you what to do, but you still brought in extra information to confuse yourself!!

Could you have entered UK on a date when you were physically outside the UK?
Simple question, simple answer!

On 03-Sep you were not even in possession of your passport - it was still on its way back to you following your application approval. So how on earth could you have entered UK (date of entry) without your passport in your hand??
Simple question, simple answer!

What does "date of entry" mean to you?
Can you stand outside the door of a room and still claim to be inside it? Just because you got the invitation to enter the door (your visa) doesn't mean you have entered the door (UK)!

It is "simple" English, not rocket science! Don't imagine it to be ...

Thanks sushdmehta. I am sorry if that was hard on you.

I know it is not rocket science but believe me one does get these doubts. Honestly, I feel the form can be made simpler if they just ask for your visa issue date and UK entry date in 2 separate fields and then you expect them to do the maths.

Anyhow I appreciate your time and effort.

Thanks again.

Hard on me .. or you??

I was embarrassing for me, not hard, as I had to teach basic English here - an answer that my neighbor's 11 year old son gave in one go has taken you many days to get to.

You were reading too much and imagining too much. He did not choose that luxury - he answered what he was asked.

And this:

What does "date of entry" mean to you?
Can you stand outside the door of a room and still claim to be inside it? Just because you got the invitation to enter the door (your visa) doesn't mean you have entered the door (UK)!

is what he retorted with ... and I posted it here with my additions in the parentheses.
Yup, that was him .... not me!! I swear.


Yes, the form could have been made simpler, and shorter! But what can one do but learn to live with the deficiencies!!

Thanks again

Have a good day!