Immigrationboards.com

[ijaz.ahmed]

Hi all,
I am trying to confirm the date calculation for me to apply for indefinite leave to remain after a continuous 5 year stay in the UK. I am currently on a tier 1 general visa, which expires on 29th Jan 2013 (2 Years HSMP + 3 Years Tier 1 General) .

I have about 47 days difference between my date of entry clearance (29th Jan 2008) and the date of my first arrival in the UK (16th March 2008) , so would like to find out if I can count my 47 days difference towards my 5 year stay?

If so, can I apply for my ILR by 1st Jan 2013? ( 29 Jan 2013 - 28 days). In the last 5 years I have been away from the UK for approximately 170 days. If I subtract the 47 days when I first came to the UK after getting my entry clearance, my total reduces to 123 days only (170 - 47).

I hope the above makes sense, and look forward to your reply.

Thanks for your help

[ijaz.ahmed]

Any idea/suggestion? , getting desperate for help now
Thanks for your time

[arifahmmed]

Yes you are ok for your ILR 1st Jan 2013 ( 29 Jan 2013 - 28 days . As you enter within 90 days of EC that 47 days will count towards your 5 year contineous residence.
Thanks

[ijaz.ahmed]

Thanks very much bro.

Anyone else would like to share their experience?

[arifahmmed]

Oh ijaz.ahmed, dont worry, do not waste your time for this issue. I am like your same situation (enter Uk after36 days from EC). and going to apply ILRwith in 28 days of my tier 1 visa expire. Well look this web site (page 4)

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/cross-cut/ilr-calculating-continuous/ilr-calculating-continuous.pdf?view=Binary

[man4uni]

Hi Ijaz,

Please follow what arifahmmed has suggested.

You are good to apply anytime after 1st Jan 2013

Good Luck

[ijaz.ahmed]

Thanks very much friends

@Arif:Please share your experience once you make your appointment.Best of luck.

[ijaz.ahmed]

I asked same question to home office( SettlementOpsPolicy@homeoffice.gsi.gov.uk ),They replied me following:(thought It might be helpful someone else as well)



Dear Ijaz Ahmed,

Thank you for your e-mail. As this mailbox is for policy queries only I am unable to provide you with individual advice on your application. However, I can confirm the continuous residence policy.

As you did not delay your entry to the UK by more than 3 months, the continuous period for ILR will commence from the start date of your initial visa. The policy also allows absences of up to 180 days during this period.

The continuous residence guidance can be found on our website:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/cross-cut/ilr-calculating-continuous/ilr-calculating-continuous.pdf?view=Binary



Sincerely,



Settlement Operational Policy

[arifahmmed]

Hi ijaz.ahmed: I have booked appointment for 14th Nov to Sheffield. There is not much experience history for sheffield. lets see how it goes.

[tryingforilr]

ijaz.ahmed can you please let me know if you calculated 28 days before 5th anniversary of entry clearance?

I am little confused - with what is written here http://www.immigrationboards.com/viewtopic.php?t=79378 . As I read it it appears to me that if you have git your EC from out of the country then the day you enter is the start day for 5 yrs calculation.

For me it is the same case. I git EC from outside the country. I arrived in UK before completion of 3 months.

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

[ijaz.ahmed]

hello my friend,

I had similar confusion (Please scroll up on this thread read end to end) but after panicking for couple of days and searching around I am finally settled down on this conclusion

1)-If the difference between your entry clearance and date of FIRST arrival into UK is less than 90 days-you are OK
2)-Once you arrived into UK and your time away is less than 180 days you are OK

Come on,Saying this is for people already in the UK is meaning less here ,if you were already in the UK and you got HSMP YOU CAN NEVER HAVE DIFFERENCE because you were already here .hehehe
Moreover as side note, People already in UK never get Entry Clearance but either extension or change of visa category (as per my understanding))

-Scroll up there is reply from home office as well
-Read this,he got ILR approved yesterday 10/10/2012 and in very last section of his detailed post he made clear - (salute to him for help)
"
For people who entered UK later than the HSMP stamp date, on the form they asked when you enter, I filled the first date I entered UK. If calculated by that date, it is almost 4 months short of continuous 5 years staying in UK. (Because I entered uk just a few days short of the 3 months eligible period, and you apply within 28 days before the current visa expire) http://www.immigrationboards.com/viewtopic.php?t=115353&sid=c48ef02ad1cc5cca93d64dfefd1a35d7
"


Hope this helps my friend,If you find out something else please bring into my attention as well

Thanks