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Help with 5 years Calculation

Posted: Sat Oct 24, 2020 6:17 pm
by HDAYEM
Hi,

I am concerned that I might fall (5 days) short of the dates required to apply for ILR in 2021. Here are all the details

27- January 2016 Original Application Date outside of UK
01-Fbruary-2016 Visa Vignette Valid From Date
01 February 2016 BRP Issue Date
11-Feb-2016 First entry into UK
26-Jan-21 Current Leave Expires

I can not find the approval letter. Not sure if I must have it or no.

As clarified above. The date current leave expires is 5 days short of the 5 years anniversary of Visa Vignette date.

Can I still apply 28 days before the visa vignette date or I will be risking my application getting rejected?
Also, can I apply 28 days before the 5 years anniversary of initial application date (27th Jan 2016)?

Would really appreciate any help.
Thanks

Re: Help with 5 years Calculation

Posted: Sat Oct 24, 2020 6:31 pm
by CULLINAN
What is your visa category?

Re: Help with 5 years Calculation

Posted: Sat Oct 24, 2020 10:11 pm
by HDAYEM
Thank you for your reply. I am on TIER 2 Visa.

Re: Help with 5 years Calculation

Posted: Sat Oct 24, 2020 11:25 pm
by CULLINAN
You qualify for ILR when you complete 5 years minus 28 days counting from initial visa issue date but to be on the safe side take your initial BRP issue date as the start i.e. 1st Feb 2016.

So apply earliest (1st Feb 2021 minus 28 days) or before current visa expiry.

Re: Help with 5 years Calculation

Posted: Mon Nov 09, 2020 7:20 pm
by HDAYEM
Thanks. I understand that. would the fact that current visa expires 5 days before 5 years anniversary of initial/first BRP issue date be a problem? ( I would have had 5 years continuous visas minus 5 days)

Re: Help with 5 years Calculation

Posted: Mon Nov 09, 2020 7:25 pm
by CULLINAN
HDAYEM wrote:
Mon Nov 09, 2020 7:20 pm
Thanks. I understand that. would the fact that current visa expires 5 days before 5 years anniversary of initial/first BRP issue date be a problem? ( I would have had 5 years continuous visas minus 5 days)
You qualify for ILR when you complete 5 years minus 28 days
Follow as stated above already. As long you apply in time, your visa expiry is irrelevant.

Re: Help with 5 years Calculation

Posted: Mon Nov 09, 2020 7:32 pm
by HDAYEM
Thank you very much. you have been of great help!