Immigrationboards.com

[uk220612]

I came to the UK on a 5 year-Work Permit (valid from 14th Dec 2007 to 14th Dec 2012), I have actually arrived in the UK on 07th Jan 2008 (24 days after getting the visa) While in the UK, I have applied for a Tier-1 (General) visa & got it approved from 12th July 2010 valid until 12th July 2012.
I have extended my leave to remain as Tier-1 (General) in March this year & got the new BRP card valid from 20th March 2012 to 20th March 2015.

My wife & elder kid (4 years) joined me in the UK since 10th June 2008 & have been on my dependant visa in WP & Tier-1 categories respectively.
My younger kid is born in the UK on 10th Jan 2010 & have been on my dependant visa since then as above.

Now, I'm planning to take an appointment at PEO,Belfast on 16th Nov 2012 for our ILR application. Would you please advice if this date will be fine from the qualifying period perspective (we haven't been out of the country for more than 4 weeks per year in last 5 years).

So as per my calculations & UKBA guidance I should be able to apply.

As my initial WP start date was 14th Dec 2007 & I entered the UK on 07th Jan 2008 (which is under 90 days rule).
So, I should be able to apply for ILR 28 days before 14th Dec 2012 (which as per my calculation comes to be 16th Nov 2012)

Please let me know if my understanding is correct or not.

Would appreciate a quick response to this email.

Thanks
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Regards

[sushdmehta]

You have enough leave to complete the 5 year period, hence you should not apply any earlier than 28 days before the 5th anniversary of your entry in the UK.
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Life isn't fair, but you can be!

[PARRROAD]

agree with 'sushdmehta'
you can apply 28 days before the date of your arrival in uk. the reason you have time to complete 5 years .

i was in same confusion, my intitial visa was granted on 15 october and after tier 1 extension my current visa is expiring on 19th October and i am completing 5 years on 13th NOvember as i came in uk on 13th november and after excluding 28 days i complete qualyfing period on 16th October (just 3 days before my visa expires) so i have to apply after 16th and before 19th. luckily i have booked appointment in PEO on 19th(on last day of visa) in my case 90 days rule does not apply just i have 3 days to apply after completing 5 years qualyfing period. i think same applies to you.
in short date of arrival in uk is the date to be calculated if you have time on your visa

[uk220612]

Thanks sushdmehta & PARRROAD but I'm getting different response from UKBA. It seems they are ok for me to apply on 16th Nov (so, I'm now confused - shall I go with your words or go by the official email recvd by UKBA) Even if they are suggesting wrong on email, if I take a printout of it on the day of appointment, they will have to agree ? Isn't it ??

[PARRROAD]

call ukba tomorrow and ask them just simple
Question. "Qualifying period for ILR starts from
The day I arrived in uk or from the date I got
First visa"??(entry clearance).

I have told you my experience
I called ukba three times and spoke to different
Guys on phone and all of them confirmed that
Date of arrival is the date from which qualifying
Period for ILR starts.
90 days rule apply only if your visa is expiring before
You complete 5 years.
But in your case you have time
In my case I had only 3 days on my visa
After completing my qualifying period and was told by
Ukba to apply only in these days that is why I had
To cancel my appointment and book a new one.

I would say play safe.

[uk220612]

Got ILR granted yesterday (self,wife,elder son) . for younger son will apply for Citizenship next week.

Regards