90 days late enry - 28 days before PEO appointment confusion

muralic123 · Post by **muralic123** » Wed Nov 20, 2013 11:23 pm

Hi Amber, / Gurus,

Needed urgent help regarding my case for ILR for the PEO appointment eligibility for ILR application.

Entry clearance : 15 Jan 2009 work permit
UK landing : 12 Apr 2009 (86 days delay- below 90 days threshold)

Current Visa expiring after two UK extensions (ICT long tem staff visa) expiring on 29 Jan 2014

I have taken PEO appointment at Croydon on 19th December 2013 using 15th Jan 2009 as the qualifying period for 5 years calculation until 15th Jan 2014 and then I went back some what 29 days back to arrive at 19th December 2013.

I had sent some other query to Ops policy mail box regarding English assessment then I got an auto reply where there were answers to frequently asked questions - please see one of the below such answer where it was confusing now whether I should have taken the appointment 28 days before my current leave expiring on 29 Jan 2014 or whether I am OK absolutely with 19th December 2013 appointment considering the qualifying period completion and applying 28 days before 15th Jan 2014.

---------------------------------see the Ops policy question & answer----------
Question: If I delayed my entry to the UK by less than 90 days, can I still apply at a PEO 28 days before my leave expires?

Answer: Yes you can still make your application at a PEO 28 days before your current leave expires

---------------------------------------------------------------------------------

What should we make out of this ? I am very confused whether to reschedule the appointment on 19th December 2013 ?

Can somebody please answer ASAP ? This is very very urgent as I need to something about the appointment in next couple of days.

Regards,
Murali

Amber · Post by **Amber** » Thu Nov 21, 2013 6:31 am

From 28 days before 15 Jan 2014

muralic123 · Post by **muralic123** » Thu Nov 21, 2013 8:35 am

Thanks Amber for your quick reply ..but then can you decipher the answer from Ops policy mail box as to what that means (as mentioned in the last post) ?

Does that mean that if you still have your visa (current leave) more than the qualifying period of 5 years do you need to apply 28 days considering the expiry of the visa ? But this is not written anywhere in the UKBA website. But it is only sent when you send some query as an automated FAQ.

So that means should I be at peace and keep the 19th Dec 2013 as it is ? I know you answered in affirmative in the last reply. But can you please elaborate.

Can you also give me some post number(s) where I can see if there is a success of this sort.

Thanks again.

Regards.
Murali

Amber · Post by **Amber** » Thu Nov 21, 2013 10:13 am

page 21 wrote: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. Provided the period of delay does not exceed
90 days, it will not be counted as an absence.

muralic123 · Post by **muralic123** » Fri Nov 22, 2013 1:08 am

Hi Amber,

But I heard that if your current leave is still available (in my case it is availbale until 29 Jan 2014), do you think that would be a problem. I saw in some posts answered by your Gurus that if your current leave still available you should apply before 28 days of the current leave expires instead of directly calculating from EC to 5 years (28 days before) ? Because I guess the 5 year qualifying period is calculated backwards from the application date :

so my appointment date 19 Dec 2013 (application date)

19 Dec 2013 to 20 Dec 2012 - Year 1
19 Dec 2012 to 20 Dec 2011 - Year 2
19 Dec 2011 to 20 Dec 2010 - Year 3
19 Dec 2010 to 20 Dec 2009 - Year 4
19 Dec 2009 to 12 Apr 2009 - Year 5 (add 86 days late entry from 12 Apr 2009 till 15 Jan 2009- EC stamp) - Year 5

So total coming as 4 years 11 months 5 days + so if you add 25 days then it will become 5 years in total. That means if I will have to take forward the appointment of 19 Dec 2013, it would be 13 Jan 2013. Is my justification correct ? Could you please substantiate ? This is very urgent.

Thanks & Regards,
Murali

Mas2012 · Post by **Mas2012** » Fri Nov 22, 2013 11:21 pm

Hi Murali
I do not know your exact circumstances; but I'd like to tell that although my current leave was still valid for more than a year; today I applied (28 days before 5 years qualifying period) for ILR through premium service and I got my approval; if you qualify for 5 years; just apply 28 days before its start; meaning if you entered the uk within 90 days of the EC date; you should be ok to consider those days (in your case 80 something) as your qualifying period. In my case; my EC stamp dates was 19 Dec 08 and I entered the UK on 13th of Jan 09; and I applied today 22Nov 13 which was approved.

Best or luck
Mas

bluez · Post by **bluez** » Tue Dec 24, 2013 5:28 pm

Hi Murali,

Hope you are doing well. Any update on your application? Did you go on 19th Dec?

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90 days late enry - 28 days before PEO appointment confusion