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Tier 1 (G) / 5-year period for ILR

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svuk
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Posts: 33
Joined: Sat Sep 05, 2009 10:55 am

Tier 1 (G) / 5-year period for ILR

Post by svuk » Sun Jul 24, 2016 12:15 pm

I'm currently a Tier 1(G) holder. Below is my employment history.

-Before 2011: Worked in the UK and then returned my home country
-20-Sep-2011: Received a letter invitation of job interview from Company A in the UK
-20-Oct-2011: Re-entered the UK under Tier(G) for a face-to-face interview at Company A
-25-Oct-2011: Returned my home country and wait for the employment contract as well as prepare for relocation.
-06-Jan-2012: Came back to the UK to start working for Company A.
-Until now: Still working for Company A.

My question is that is it possible for me to count my 5-year period backwards to 24-Sep-2011 (26 days before the date when I re-entered the UK for the interview on 20-Oct-2011)?

Your reply/advices would greatly be appreciated, seniors!
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svuk
Newbie
Posts: 33
Joined: Sat Sep 05, 2009 10:55 am

Re: Tier 1 (G) / 5-year period for ILR

Post by svuk » Sun Jul 24, 2016 1:06 pm

This is the UKBA's instruction that I've read but I'm not sure for my case. Please advise.

https://www.gov.uk/government/uploads/s ... ds-v13.pdf

Page 19
......
"Calculating the specified continuous period Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period. However, the specified continuous period is always counted backwards from the date the ILR application is submitted. For example, if an applicant would have reached the end of a specified 5 years with leave in a qualifying route on 30 November 2015 and they apply on 11 November 2015, the consecutive periods would be as follows:

Year 1 11 November 2015 to 12 November 2014
Year 2 11 November 2014 to 12 November 2013
Year 3 11 November 2013 to 12 November 2012
Year 4 11 November 2012 to 12 November 2011
Year 5 11 November 2011 to 12 November 2010

The applicant may not have had leave in a qualifying route for up to 28 days at the start of Year 5 (in this example, between 11 November 2010 and 29 November 2010). This is acceptable.
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svuk
Newbie
Posts: 33
Joined: Sat Sep 05, 2009 10:55 am

Re: Tier 1 (G) / 5-year period for ILR

Post by svuk » Sun Jul 24, 2016 4:28 pm

Sorry. I mistyped. Corrected it. Please advise me.
svuk wrote:I'm currently a Tier 1(G) holder. Below is my employment history.

-Before 2011: Worked in the UK under Tier 1 (G) and then returned my home country
-20-Sep-2011: Received an invitation letter of job interview from Company A in the UK
-20-Oct-2011: Re-entered the UK under Tier 1(G) for a face-to-face interview at Company A
-25-Oct-2011: Returned my home country and wait for the employment contract as well as prepare for relocation.
-06-Jan-2012: Came back to the UK to start working for Company A.
-Until now: Still working for Company A.

My question is that is it possible for me to count my 5-year period backwards to 24-Sep-2011 (26 days before the date when I re-entered the UK for the interview on 20-Oct-2011)?

Your reply/advices would greatly be appreciated, seniors!
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bond.boy203
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Posts: 216
Joined: Mon Feb 06, 2012 9:03 am

Re: Tier 1 (G) / 5-year period for ILR

Post by bond.boy203 » Mon Jul 25, 2016 10:21 am

What is your first Tier-1 visa start date ? and when did you first enter UK under tier-1 (G)? If you can give the exact dates would be easy to answer. My understanding is that if you have entered UK with in 90 days of your visa effective date then your 5 year qualifying period starts from visa effective date.
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svuk
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Posts: 33
Joined: Sat Sep 05, 2009 10:55 am

Re: Tier 1 (G) / 5-year period for ILR

Post by svuk » Mon Jul 25, 2016 7:16 pm

bond.boy203 wrote:What is your first Tier-1 visa start date ? and when did you first enter UK under tier-1 (G)? If you can give the exact dates would be easy to answer. My understanding is that if you have entered UK with in 90 days of your visa effective date then your 5 year qualifying period starts from visa effective date.
Thank you for your reply. Maybe I confused you.
I was still in my home country for more than 180 days before I re-entered UK on 20 October 2011. So my 5-year qualifying period starts from 20/10/2011 until 20/10/2016. I intend to apply for ILR on 24/09/2016 (26 days earlier).

But according to UKBA instruction, 5 year period is counted backward from the date ILR application is submitted. If so it will include 26 days when I was still in my home country (from 24/09/2011 to 19/10/2011). Is it acceptable for my case?
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bond.boy203
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Posts: 216
Joined: Mon Feb 06, 2012 9:03 am

Re: Tier 1 (G) / 5-year period for ILR

Post by bond.boy203 » Wed Jul 27, 2016 12:35 pm

you can still count that 180 days towards your qualifying period by splitting into two years depending upon the date you apply. How long were you away from UK before 2011. Again if you confirm when did you first enter UK under what visa (and its effective date) would be easier to suggest.
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