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what is duration to apply for ILR? 4 yrs 11 months or 5 yrs
Posted: Thu Aug 02, 2012 8:50 am
by tryingforilr
Well I know that you can technically apply for Indefinite Leave to Remain after 4 years and 11 months for Tier 1. But my question is - the day when i file for ILR (which will be after 4 yrs 11 months) - do i need to prove that i am going to complete 5 yrs of stay in UK?
If above is confusing here is my take
I first arrived in UK on 20th March 2008 - so I complete 5 yrs on 19th March 2013.
So technically i am eligible for ILR from around 22 Feb 2013 (which is 4 yrs & 11 months)
But my current Tier 1 visa is going to expire on 18th March 2013 - JUST ONE DAY before i complete 5 years.
So technically i am eligible to file for ILR but at the same time technically i will not complete 5 yrs (looking at visa dates).
So I have 2 questions
1. Do i need to prove that i am going to complete 5 yrs of stay in UK?
2. If I apply for ILR in Feb 2013 will there be any issues?
Thanks in advance.
Posted: Thu Aug 02, 2012 9:11 am
by UKMASTER
It is the day your visa got stamped from that day the count of 5 years begins and you can apply for ILR within last 28 days of your 5 years completion.
Re: what is duration to apply for ILR? 4 yrs 11 months or 5
Posted: Thu Aug 02, 2012 9:31 am
by cs95tdg
tryingforilr wrote:Well I know that you can technically apply for Indefinite Leave to Remain after 4 years and 11 months for Tier 1. But my question is - the day when i file for ILR (which will be after 4 yrs 11 months) - do i need to prove that i am going to complete 5 yrs of stay in UK?
If above is confusing here is my take
I first arrived in UK on 20th March 2008 - so I complete 5 yrs on 19th March 2013.
So technically i am eligible for ILR from around 22 Feb 2013 (which is 4 yrs & 11 months)
But my current Tier 1 visa is going to expire on 18th March 2013 - JUST ONE DAY before i complete 5 years.
So technically i am eligible to file for ILR but at the same time technically i will not complete 5 yrs (looking at visa dates).
So I have 2 questions
1. Do i need to prove that i am going to complete 5 yrs of stay in UK?
2. If I apply for ILR in Feb 2013 will there be any issues?
Thanks in advance.
When was your Tier 1 EC granted? I.e. what is the valid from date on your EC vignette in your passport?
Note that the ILR qualifying date will be 28days before the 5th anniversary from your original date of entry OR EC, depending on whether you applied for EC or switched immigration categories in-country.
Read Q3, Q4, Q5 under the following sticky, if you haven't already done so:
http://www.immigrationboards.com/viewtopic.php?t=79378
Posted: Fri Aug 10, 2012 9:21 am
by tryingforilr
I think i was not clear i am trying to say.
I arrived in UK on 20th March 2008. I came on HSMP & later on Tier 1 (for extensions).
Anyhow bottom line of my question is
I am eligible for filing ILR (as i would have completed 4 yrs & 11 months) but I am not completing 5 years stay. I am falling 1 day short to complete 5 yrs!
-g
Posted: Fri Aug 10, 2012 9:26 am
by wpilr_nov12
tryingforilr wrote:I think i was not clear i am trying to say.
I arrived in UK on 20th March 2008. I came on HSMP & later on Tier 1 (for extensions).
-g
You are very clear on what you are trying to say. But you are missing one important bit that could work in your favour.
What is the EC start date (Visa valid from date). If you entered within 3 months from that date, then you do not need to worry about the 1 day shortfall, IMO.
Posted: Fri Aug 10, 2012 9:34 am
by Rajuk09
tryingforilr wrote:I think i was not clear i am trying to say.
I arrived in UK on 20th March 2008. I came on HSMP & later on Tier 1 (for extensions).
Anyhow bottom line of my question is
I am eligible for filing ILR (as i would have completed 4 yrs & 11 months) but I am not completing 5 years stay. I am falling 1 day short to complete 5 yrs!
-g
Fill in the blanks:
EC Clearance(stamping date) - ----
UK Entry Date - --------
Visa type - ----------
Current Visa type - -------
Visa validity - -----------
Posted: Tue Aug 14, 2012 2:57 pm
by tryingforilr
Here you go mate:
EC Clearance(stamping date) : 17th Jan 2008
UK Entry Date - 20th March 2008
Visa type - currently Tier 1 (during entry HSMP)
Current Visa type - Tier 1
Visa validity - 18th March 2013
Thanks in advance!
Posted: Tue Aug 14, 2012 3:34 pm
by tier1Reading
tryingforilr wrote:Here you go mate:
EC Clearance(stamping date) : 17th Jan 2008
UK Entry Date - 20th March 2008
Visa type - currently Tier 1 (during entry HSMP)
Current Visa type - Tier 1
Visa validity - 18th March 2013
Thanks in advance!
You are eligible to apply for ILR on or after
Tuesday, December 20, 2012
http://www.timeanddate.com/date/dateadd ... &ad=28&aw=
Posted: Tue Aug 14, 2012 6:13 pm
by tryingforilr
No i don't think so.
I am eligible to file only after 20th Feb 2012. Though my concern about 1 day is resolved.
You see my ILR qualifying visa was obtained out of country hence in my case case ILR clock starts from the day when applicant first entered UK.