ILR 28 days confusion - please help

longhorn1 wrote:But in the SET(O) form there is no provision to fill in your EC effective date.
So how will you answer Section 6.1 and 6.2?

Your EC date will be in the visa vignette in your passport (which a CW will look at to determine whether you have met the residence requirement).

Questions 6.1 & 6.2 do not refer to your EC date. The first asks you when you first entered the UK and the second asks about your absences from that date onwards. Note that absences are calculated from date of entry.

cs95tdg wrote:

longhorn1 wrote:But in the SET(O) form there is no provision to fill in your EC effective date.
So how will you answer Section 6.1 and 6.2?

Your EC date will be in the visa vignette in your passport (which a CW will look at to determine whether you have met the residence requirement).

Questions 6.1 & 6.2 do not refer to your EC date. The first asks you when you first entered the UK and the second asks about your absences from that date onwards. Note that absences are calculated from date of entry.

Thank you for your response. So in answering 6.2, do I simply say 5 years or subtract the number of days I've been absent from the UK in the five year period from the EC stamp date or from the date of my arrival in the UK? Still somewhat confused.

Cheers,

Longhorn1

I'm not totally sure you are referring to the same form (latest SET(O) form) or questions as me, because
6.1 asks you for a date. I.e. when did you first enter the UK?
6.2 asks you a question which you either answer with a yes or no. I.e. since then have you had any absences from the UK?
After that you would list your absences from that date onwards (i.e. from date of first entry). I.e. it's a list of departure and arrival dates that you would need to enter under the section here.

If these aren't the questions you need clarification on please state the appropriate question numbers in the form, to understand what is confusing you.

Note that the time period between EC & Date of first entry is not considered an absence. The reason for this is that, to be absent from the UK you must have arrived in the UK in the first place. This is true even if in cases where a case worker considers the time between EC & date of first entry towards your 5 year residence. I.e. due to late entry within 3 months of EC.

cs95tdg wrote:I'm not totally sure you are referring to the same form (latest SET(O) form) or questions as me, because
6.1 asks you for a date. I.e. when did you first enter the UK?
6.2 asks you a question which you either answer with a yes or no. I.e. since then have you had any absences from the UK?
After that you would list your absences from that date onwards (i.e. from date of first entry). I.e. it's a list of departure and arrival dates that you would need to enter under the section here.

If these aren't the questions you need clarification on please state the appropriate question numbers in the form, to understand what is confusing you.

Note that the time period between EC & Date of first entry is not considered an absence. The reason for this is that, to be absent from the UK you must have arrived in the UK in the first place. This is true even if in cases where a case worker considers the time between EC & date of first entry towards your 5 year residence. I.e. due to late entry within 3 months of EC.

You're right. I meant to cite section 7.11. 'How long have you lived in the UK?

Cheers,

longhorn1

Ok, for this question you would enter the number of years and months you have lived in the UK. I.e. since the date of first entry. It has nothing to do with absences, so you are not required to deduct absences from the period you lived here. What's relevant is the number of years between "date of first entry" & "date of your ILR application".

cs95tdg wrote:Ok, for this question you would enter the number of years and months you have lived in the UK. I.e. since the date of first entry. It has nothing to do with absences, so you are not required to deduct absences from the period you lived here. What's relevant is the number of years between "date of first entry" & "date of your ILR application".

Thank you so much. So what is the relevance of this question if they are going to calculate my 5 year qualifying period from the EC stamp date if the period between that and date of arrival in the UK is less than 90 days/
This is what is getting me confused.

Cheers,

Longhorn1

Well, I'm fraid I can't comment on the reason for the question itself, other than it giving a case worker a close indication of whether an applicant has met the residence requirement or not. Note that, not all applicants will fall under the 90 day concession you mention and also the SET(O) form is designed for applicants applying under many different immigration categories and backgrounds. So what may appear as a irrelevant question to your circumstances may not be so for another.

cs95tdg wrote:Well, I'm fraid I can't comment on the reason for the question itself, other than it giving a case worker a close indication of whether an applicant has met the residence requirement or not. Note that, not all applicants will fall under the 90 day concession you mention and also the SET(O) form is designed for applicants applying under many different immigration categories and backgrounds. So what may appear as a irrelevant question to your circumstances may not be so for another.

I guess you're right. Thank you for being so patient with me and your quick response to my queries.

Cheers,

Longhorn1

vinny wrote:

appsmaje wrote:first entry clearance date 28/03/2008 as HSMP, then switched to TIER 1 with expriy 28/03/2013
entered UK 25/06/2008 (i deduce is less than the 90 day window).


was just thinking about if it said do not apply 1 day more, then i would have been ok to apply on 27/03/2013. following on this logic, then I guess 28/02/2013 would be the first day I am ok to apply, just want to gather confidence that my booking calculation is correct.

thanks!

I think that you may apply for settlement between 28 Feb 2013 and 27/03/2013.

I am in an almost similar situation as appsmaje - got EC on 27 March 2008 as HSMP - my tier 1 general visa expires on 29 March 2013. The only difference is that I entered the UK on 16 April 2008.

I was under the impression that I have to count my qualifying period from 16 April 2008 and after deducting 28 days I could apply for ILR between 20 March to 28 March 2013. However, now I am confused if I can also count my qualifying period from the date of EC - i.e. 27 March 2008. In this case, I can apply from 28 February ( but would not have completed 4 years 11 months stay in the UK).

My precise question is:
Is this facility of counting the qualifying period for ILR from EC date (provided the entry in UK is within 90 days of the EC date) is for everyone - or only for people who would need another extension because of delayed arrival.

Apparently, the UKBA guidance regarding calculating continuous period for ILR does not make it conditional and seems to be applicable to everyone.

I would appreciate advise on the above. Thanks to you all in anticipation.