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ILR Qualifying period calculation
Posted: Sun Mar 03, 2013 10:38 pm
by techie78
Hi,
I understand that this topic has been discussed multiple times.. but i have been told different versions of the interpretation.
MY details:
1. UK Work Permit stamped on the 2nd May 2008
2. Entered UK on the 2nd of June 2008
3. WP Extension : from Work Permit to Tier 2 ICT - April 2010
4. Current Tier 2 ICT valid till 2nd June 2013
When is the earliest i can apply for my ILR.. Is it 28 days before 2nd June 2013 or 28 days before 2nd May 2013.
Your help is appreciated..
Posted: Sun Mar 03, 2013 10:41 pm
by Gagan1986
28 days before 2nd may 2013
Posted: Sun Mar 03, 2013 10:46 pm
by techie78
Thanks Gagan1986.. As per the Q3 of FAQ, my read of the conditions are different..
http://www.immigrationboards.com/viewtopic.php?t=79378
I got my Workpermit stamped outside UK.
Can you please help..
Posted: Sun Mar 03, 2013 11:17 pm
by Gagan1986
Posted: Sun Mar 03, 2013 11:18 pm
by wpilr_nov12
Read q4 and q5 of the FAQ for more clarity.
Qualifying period query again
Posted: Mon Mar 04, 2013 5:13 am
by goga11
wpilr_nov12 wrote:Read q4 and q5 of the FAQ for more clarity.
Having read the forum+FAQs, I am still confused about the case
Please clarify the qualifying period date
HSMP Approval letter: 12 Nov 2007 (was already in UK on student visa)
T1 Approval letter: 31 Mar 2008 (had to reapply because HSMP closed)
T1 Visa stamp: 10 Apr 2008 (date in passport)
Current T1 visa expiry: 05 Apr 2013
When will my qualifying period end... 9th April 2013 or 10th April 2013
can I apply for ILR on
a) 08-Mar-2013 = 28 days before 5 Apr 2013 (current visa expiry)
b) 13-Mar-2013 = 28 days before 9 Apr 2013
I have an PEO appointment for 8th March already. Will my application be accepted or rejected ? In the FAQ on UKBA, they say application maybe rejected. Has there been any case in your note where they have rejected the applications because it was few days early ? Surely they should understand that appointments are difficult to get!
Guru's Please advise ...
Posted: Mon Mar 04, 2013 2:50 pm
by ali_asad_pk
I have same question as goga11 and have already posted my topic
http://www.immigrationboards.com/viewtopic.php?t=127353
and also requested information from UKBA
http://www.whatdotheyknow.com/request/a ... etter_visa
Please let me know goga11 about outcome of your appointment as unlike yours, my days difference is 4 while your is 10 so looking forward to get an update from you
good luck!!
Re: Qualifying period query again
Posted: Mon Mar 04, 2013 3:04 pm
by wpilr_nov12
goga11 wrote:
can I apply for ILR on
a) 08-Mar-2013 = 28 days before 5 Apr 2013 (current visa expiry)
b) 13-Mar-2013 = 28 days before 9 Apr 2013 (YES)
Posted: Tue Mar 05, 2013 11:53 pm
by goga11
I called UKBA the day before having got no info from this forum. The lady handling the calls was very gruff and asked me not to confuse her with the letter stamping dates.
She mentioned
1) I can apply 28 days before the qualifying period end only irrespective of my current visa expiry
2) She had no comment regarding the visa approval date letter, or what will happen if I try to get visa 28 days before.
This may be thinking aloud but know that there is a difference between the VISA permission and the visa stamping. If you are out of country, you get a visa approval first (the HSMP letter, PBS Tier 1 approval letter) and then the approval letter is attached with your passport and you get the visa on the passport. Since we send both of them together, it appears to us that its one process step but its not ...its actually two steps...
I am still waiting on comments from this forum.
Lastly the dates were fictional in my case as well but note that people are good observers - catching the difference between Friday and Monday means that this forum invites really clever people..
Re: Qualifying period query again
Posted: Wed Mar 06, 2013 11:17 am
by cs95tdg
goga11 wrote:Please clarify the qualifying period date
HSMP Approval letter: 12 Nov 2007 (was already in UK on student visa)
T1 Approval letter: 31 Mar 2008 (had to reapply because HSMP closed)
T1 Visa stamp: 10 Apr 2008 (date in passport)
Current T1 visa expiry: 05 Apr 2013
When will my qualifying period end... 9th April 2013 or 10th April 2013
can I apply for ILR on
a) 08-Mar-2013 = 28 days before 5 Apr 2013 (current visa expiry)
b) 13-Mar-2013 = 28 days before 9 Apr 2013
You will be eligible to apply from upto 28 days before the 5th anniversary from 10 Apr 2008. I.e.
http://www.timeanddate.com/date/dateadd ... &ad=28&aw=
goga11 wrote:I called UKBA the day before having got no info from this forum. The lady handling the calls was very gruff and asked me not to confuse her with the letter stamping dates.
She mentioned
1) I can apply 28 days before the qualifying period end only irrespective of my current visa expiry
2) She had no comment regarding the visa approval date letter, or what will happen if I try to get visa 28 days before.
This may be thinking aloud but know that there is a difference between the VISA permission and the visa stamping. If you are out of country, you get a visa approval first (the HSMP letter, PBS Tier 1 approval letter) and then the approval letter is attached with your passport and you get the visa on the passport. Since we send both of them together, it appears to us that its one process step but its not ...its actually two steps...
If you are out of country, what you apply for once your T1G visa is approved is Entry Clearance - I.e. visa vignette in your passport. Yes it is a two step process because you apply for EC based on your T1G approval. The information provided by the UKBA above is correct.
Re: Qualifying period query again
Posted: Tue Mar 12, 2013 3:21 pm
by goga11
visa appt attended in advance of 28 days prerequisite...waiting for result... the guidance from forum was incorrect.... so for those sailing in similar boat don't cancel your peo appointment if there is a difference between the stamp date and visa issue date on letter
cs95tdg wrote:goga11 wrote:Please clarify the qualifying period date
HSMP Approval letter: 12 Nov 2007 (was already in UK on student visa)
T1 Approval letter: 31 Mar 2008 (had to reapply because HSMP closed)
T1 Visa stamp: 10 Apr 2008 (date in passport)
Current T1 visa expiry: 05 Apr 2013
When will my qualifying period end... 9th April 2013 or 10th April 2013
can I apply for ILR on
a) 08-Mar-2013 = 28 days before 5 Apr 2013 (current visa expiry)
b) 13-Mar-2013 = 28 days before 9 Apr 2013
You will be eligible to apply from upto 28 days before the 5th anniversary from 10 Apr 2008. I.e.
http://www.timeanddate.com/date/dateadd ... &ad=28&aw=
goga11 wrote:I called UKBA the day before having got no info from this forum. The lady handling the calls was very gruff and asked me not to confuse her with the letter stamping dates.
She mentioned
1) I can apply 28 days before the qualifying period end only irrespective of my current visa expiry
2) She had no comment regarding the visa approval date letter, or what will happen if I try to get visa 28 days before.
This may be thinking aloud but know that there is a difference between the VISA permission and the visa stamping. If you are out of country, you get a visa approval first (the HSMP letter, PBS Tier 1 approval letter) and then the approval letter is attached with your passport and you get the visa on the passport. Since we send both of them together, it appears to us that its one process step but its not ...its actually two steps...
If you are out of country, what you apply for once your T1G visa is approved is Entry Clearance - I.e. visa vignette in your passport. Yes it is a two step process because you apply for EC based on your T1G approval. The information provided by the UKBA above is correct.
Re: Qualifying period query again
Posted: Tue Mar 12, 2013 4:13 pm
by cs95tdg
goga11 wrote:visa appt attended in advance of 28 days prerequisite...waiting for result... the guidance from forum was incorrect.... so for those sailing in similar boat don't cancel your peo appointment if there is a difference between the stamp date and visa issue date on letter
Can you elaborate?, as what you mean to say is not clear. The date on a visa approval letter has no bearing when it comes to determining your ILR eligibility date. It's either the EC date on your visa vignette, or your date of entry that matters. This is what has been stated in this particular topic - re-iterating in case you have misunderstood the initial response here.
Re: Qualifying period query again
Posted: Tue Mar 19, 2013 1:31 pm
by goga11
No. I didn't misunderstand the initial response.
In my case, I was in UK therefore last entry in UK was on student visa and period stayed in UK on student visa didnt qualify for ILR. However there was a difference of a week between the T1 approval letter and visa vignette on the passport of the first T1. When I questioned the UKBA, the first operator mentioned that T1 approval had no bearing on the qualifying period calculation, only the date of the visa issue on passport had. But when I called again and enquired that as per T1 rules , I should be given 5 years visa in total (2+3 year combination or 3+2 year combination), they agreed that date on visa letter can be used. My application was successful and this contradicts the information I was given earlier on this forum. See example dates mentioned above and response. If using the example above, as per forum guidance
I couldn't have applied before 13 March but I applied on 8th and was successful. Hence the quote that guidance on forum is wrong for those in same boat like me.
I applied 39 days before my qualifying period was supposed to end and application was successful besides the unhelpful staff, unncessary delay in biometrics and then caseworker losing my file tag.
Re: ILR Qualifying period calculation
Posted: Wed Jun 11, 2014 10:27 am
by zwadi
Hello All,
I would like to confirm my understanding about qualifying period.
Please see below info:
First visa stamped: 15 April 2009
Arrived in the UK: 6th Aug 2009
First extension took in 2012 for two years
second extension tool in 2014 which is valid till 2017.
I am thinking to apply for ILR at PEO in coming July, my five years would be completed on 6th August 2014 but I am thinking to apply at PEO between 14 july 2014 to 20th july 2014.
Can i do this ? any advise please?