Immigrationboards.com

My details:
Tier 1 general

EC : 21.5.2008
Entered UK on 2.6.2008
Current leave expires on 21.5.2013

Am I eligible to apply from:

a. 28 days before 21.5.2013 (This is what I have taken into consideration)
OR
b. 28 days before 2.6.2013 (which will be after 4.5.2013)

Please advise, thanks.

You are eligible to apply on the 29/April/2012,its 28 from the EC.

you should be fine with option a

OK, thanks.

Is this concession only if I fall short of my qualifying period (and I entered within 90 days)





Source FAQ's:

Q3 - When does my ILR qualifying period start?
There are two scenarios. One is that ILR qualifying visa (e.g. Work Permit, Tier 1, HSMP, etc) was obtained by switching into that category from another visa whilst still in UK. Second is that ILR qualifying visa was obtained out of country. For first case ILR clock starts from the day the passport was stamped with that visa. For second case ILR clock starts from the day when applicant first entered UK on that qualifying visa. E.g. If someone got Tier 1 visa from out of UK on 1st February 2006 and entered the UK for first time on 20th February 2006, then ILR clock starts from 20th February 2006.

Q4 - What is the earliest day I can apply for ILR?
Unless the 3-month entry concession is applicable (Q5), one can apply no earlier than 28 days before the 4th (HSMP before 03-Apr-06) / 5th (other economic migrants) anniversary of either date of entry in the UK (overseas applications) or date of switching (in-country applications) as a economic migrant in a category that leads to settlement. In all cases, one must apply for ILR or for another visa before expiry of current visa.
Use the date calculator to ascertain the "28 days window".

Q5 - My current leave as economic migrant expires before I complete the qualifying residential period. Can I apply for ILR?
Under current directions you must apply for extension before your current leave expires. The only exception to this, as per current UKBA guidances, is if you delayed your entry in UK by (at most) 3 months from date of issue of entry clearance and fall short of completing the residential qualifying period due to delayed entry in the UK. In such case one may apply for settlement before the current leave expires.

Sri9 wrote:You are eligible to apply on the 29/April/2012,its 28 from the EC.

Agree. 28 days before 21/05/2013.

OK thanks again. but I have been trying to search this rule ' you can apply 28 days before visa expiry date' if you entered within 90 days of EC. Where is this stated? Does UK BA website state this? Is this a new rule!!?

sunita80 wrote:OK thanks again. but I have been trying to search this rule ' you can apply 28 days before visa expiry date' if you entered within 90 days of EC. Where is this stated? Does UK BA website state this? Is this a new rule!!?

Please see www.immigration boards.com/view topic.php?t=101788

sunita80 wrote:OK thanks again. but I have been trying to search this rule ' you can apply 28 days before visa expiry date' if you entered within 90 days of EC. Where is this stated? Does UK BA website state this? Is this a new rule!!?

"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."

from page 21 from Indefinite leave to remain – calculating continuous period
in UK

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

tanvirni wrote:

sunita80 wrote:OK thanks again. but I have been trying to search this rule ' you can apply 28 days before visa expiry date' if you entered within 90 days of EC. Where is this stated? Does UK BA website state this? Is this a new rule!!?

"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."

from page 21 from Indefinite leave to remain – calculating continuous period
in UK

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Thank you for providing the UKBA link. If an applicant entered UK within 90 from EC Date, can He/She apply for ILR with in the 28 day window before the Visa expires. Provided lived in UK for 4years and 11 Months years continuously.

Does it need to be 4 years 11 months?

If the applicant enter in the UK between 30th and 90th days of EC.

Kevin24 wrote:

tanvirni wrote:

sunita80 wrote:OK thanks again. but I have been trying to search this rule ' you can apply 28 days before visa expiry date' if you entered within 90 days of EC. Where is this stated? Does UK BA website state this? Is this a new rule!!?

"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."

from page 21 from Indefinite leave to remain – calculating continuous period
in UK

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Thank you for providing the UKBA link. If an applicant entered UK within 90 from EC Date, can He/She apply for ILR with in the 28 day window before the Visa expires. Provided lived in UK for 4years and 11 Months years continuously.

tanvirni wrote:Does it need to be 4 years 11 months?

If the applicant enter in the UK between 30th and 90th days of EC.

Kevin24 wrote:

tanvirni wrote:

sunita80 wrote:OK thanks again. but I have been trying to search this rule ' you can apply 28 days before visa expiry date' if you entered within 90 days of EC. Where is this stated? Does UK BA website state this? Is this a new rule!!?

"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."

from page 21 from Indefinite leave to remain – calculating continuous period
in UK

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Thank you for providing the UKBA link. If an applicant entered UK within 90 from EC Date, can He/She apply for ILR with in the 28 day window before the Visa expires. Provided lived in UK for 4years and 11 Months years continuously.

Agree.Thank you Mate for that. You are right with in 90 days Entry you should be able to apply on the 28th day before visa expires or during that 28 day window. Many Thanks for clearing that doubt.

Great, thanks all. I am going to apply next week then. Fingers x.

sunita80 wrote:Great, thanks all. I am going to apply next week then. Fingers x.

Good Luck. Wish You all the Best. Please post your Experience.

Thanks Kevin, will do surely! :D