5 Years starts running from date of visa validity?

Hi There

I apologise if this has already been asked, but I can't seem to find a relative post.

I have heard from an agent that there is a new rule that if you are on a 5 year ancestral visa (although I presume it applies for other types perhaps), so long as you entered the UK within the first 90 days of your visa starting, the 5 year period that you can use as your "eligible to apply for ILR will be when your visa expires, and not 5 years after you entered the country.

e.g My visa runs from 24/10/2007 to 23/10/2012, and I entered the country on 19 Nov 2007.

According to this new rule, I am therefore eligible to apply for my ILR appointment from 23-oct-2012 - 28 days, i.e. anytime from 25 Sep to 23 Oct (when my visa expires).

Can anyone confirm if this is correct, and better yet, does anyone have a link to where I could see this rule on the UKBA website, or somewhere official to put my mind at rest

Thanks.

corollary wrote:Hi There

I apologise if this has already been asked, but I can't seem to find a relative post.

I have heard from an agent that there is a new rule that if you are on a 5 year ancestral visa (although I presume it applies for other types perhaps), so long as you entered the UK within the first 90 days of your visa starting, the 5 year period that you can use as your "eligible to apply for ILR will be when your visa expires, and not 5 years after you entered the country.

e.g My visa runs from 24/10/2007 to 23/10/2012, and I entered the country on 19 Nov 2007.

According to this new rule, I am therefore eligible to apply for my ILR appointment from 23-oct-2012 - 28 days, i.e. anytime from 25 Sep to 23 Oct (when my visa expires).

Can anyone confirm if this is correct, and better yet, does anyone have a link to where I could see this rule on the UKBA website, or somewhere official to put my mind at rest

Thanks.

Before someone else here says this to you... why don't you ask that agent to show you where that info is. Presumably you paid for the priviledge of the information or his knowledge...

I didn't end up using the agent's services, decided to go on my own, and hence would rather find the legislation that says this myself. I've seen numerous posts about it, but call me paranoid, I'd like to find it in writing on a government website

You can find it on page 4 under the URL below:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I have seen many posts here about their ILR Success stories in which they entered UK after 28 days period (e.g. visa granted on 20 Aug 2007 and entered in UK on 26 Sept 2007) and then switched from HSMP to Tier-1 (G) within UK and applied for the ILR at premium service on the day which is.... visa expiry date - 28 days.

On the other hand, if you entered UK after many weeks, up to three months, even then you can get ILR which is of course discrimination of case worker and most of the time they use it positively.

Senior and other members can you please help us in understanding this. Thank you.

Thanks cs95tdg, the document you shared is very useful clarified the point.