is 90 days concession applicable to Tier 2 (General) to ILR?

[smanz0411]

Hello experts:
I will be booking for ILR appointment soon, my Case:

Tier 2 (General)
entry clearance valid from 10 August 2010
Entered UK and started Job on 19 August 2010 .i.e. within 90 days of entry clearance issued

1. Do you suggest I apply exactly 28 days before 10 August 2015 i.e. on 13 July 2015 ?
2. is my calculation of the date accurate ?
3. Is applying 28 days before 19 August 2015 safer ?
4. Is there any history/possibility they refuse application for using both 90 days rule and 28 days rule on Tier 2 (G) ILR route

Thank you very much.

[CR001]

1. If that is 28 days before 10 August, then yes it should be fine.

2. See #1 above.

3. Your choice but you don't have to apply EXACTLY 28 days before, it is WITHIN 28 days. It would be disappointing to be eager and then miscalculate by 1 day and get refused for example.

4. No

[smanz0411]

1. If that is 28 days before 10 August, then yes it should be fine.

Many thanks CR001. I was confused because the SET(O) guidance notes section 5 doesnot explicitly mention about the 90 days concession. It only says about the 28 days rule. I hope the casworkers are aware of these rules as they keep changing these frequently.

in question 3 my query was if applicationn within 28 days before UK entry date would be safer than from the entry clearance valid from date, but now as you suggested , this may be irrelevant.

[CR001]

As far as I am aware, the 90 day concession is only applicable to PBS migrants (Tier 1 & 2) so you are ok.

In terms of when to apply, as you arrived in the UK within a few days, it doesn't make a big difference. I however, always play it safe especially with HO and would, for example, book an appointment sort of midway in the timeframe I am allowed to apply and cover either scenario (visa start date or entry date).

[smanz0411]

I always play it safe especially with HO and would, for example, book an appointment sort of midway in the timeframe I am allowed to apply and cover either scenario (visa start date or entry date).

Trying the calculate midway in the timeframe...Considering the my dates given above, which date would you apply "to play it safe with HO"? Many Many thanks CR001

[CR001]

If it were me and only because it would give me enough time to make sure everything/docs is 200% correct, I would book an appointment for around the 22nd to 29th July, but the choice is your completely and you should be fine either way.

I am generally a very cautious person so would always play it safe and find the comfortable medium, but that is just me

[smanz0411]

If it were me and only because it would give me enough time to make sure everything/docs is 200% correct, I would book an appointment for around the 22nd to 29th July, but the choice is your completely and you should be fine either way.

I am generally a very cautious person so would always play it safe and find the comfortable medium, but that is just me

Thanks for sharing your thoughts CR001. I have decided to bite the bullet as I am applying exactly 28 days before my entry clearance date .i.e. on 13th July I know I will have sleepless nights due to this.

[CR001]

Good luck and ask any questions if you need clarity, always happy to help if I can

[smanz0411]

Incase anyone else has confusion like me, I got an email confirmation from Homeoffice which I thought would share:

Dear Mr X,
Thank you for your email correspondence of 30 May. I am sorry for the delay in replying to your email.
A Tier 2 migrant who entered the UK within 90 days from the date of their visa being issued may submit their application for Indefinite Leave to Remain up to 28 days before the 5th anniversary of the date of issue of their entry clearance provided they meet all the requirements for settlement.
For further assistance, please see pages 19 & 22 from the link below:
https://www.gov.uk/government/publicati ... riod-in-uk
I hope this information is helpful.
Yours sincerely,
xxxxxx
UK Visas and Immigration