28 days before Qualifying period with valid leave to Remain

Dear Members,

Many thanks for the valueable help.
Here is my Immigration History:

(1) Work Permit visa Issued on 09/10/2006
(2) Entered Heathrow UK on 22/10/2006
(3) Switched to Tier 1(G) Migrant 29/07/2010 which valid until 29/07/2012
Have been working with the same employer(public sector) on an indefinite contract since I came to UK.

(4) Booked an appointment for the same day ILR at the Sheffield PEO on 26/09/2011 (11.15 AM)

Now my queries are:

(a) Since I have leave to remain in UK till July 2012 on Tier 1 (G) can I apply 28 days (have already booked an appointment
on 26/09/2011) before I complete five years in UK (fifth anniversary landing UK is on 22/10/2011)

Note: My Visa dont run out till 29/07/2012 the CW might say you have a visa good for another year why are you applying 28 days early ? Am i allowed to do that because Tier 1 is valid to take me beyond five years in UK. So He/she might say 28 days grace period is for people whose visa runs-out in a month time. Please suggest ??


(b) The SET(O) applications form Version 05/2011 (page 20: Section 9 D)
" Continuous Residence Assessment
D1. Please confirm whether you have spent a continuous period of 5 years lawfully in
the United Kingdom:
YES : [ ]

What should I fill in here I cant tick YES since I am making
26 days before( on 26-09-2011) I qualify for the ILR( 22-10-2011)

(c) I confirm I have NOT been outside UK for any single absence over 3 months or one or more absences which amount to more than 6 month
in total during the 5 year period including the business absences.

Do I still need a letter from my employer for three business travels which amount to total of 8 days since I came to UK ?



Looking forward from the suggestion and response.

sushdmehta_fan wrote:Dear Members,

Many thanks for the valueable help.
Here is my Immigration History:

(1) Work Permit visa Issued on 09/10/2006
(2) Entered Heathrow UK on 22/10/2006
(3) Switched to Tier 1(G) Migrant 29/07/2010 which valid until 29/07/2012
Have been working with the same employer(public sector) on an indefinite contract since I came to UK.

(4) Booked an appointment for the same day ILR at the Sheffield PEO on 26/09/2011 (11.15 AM)

Now my queries are:

(a) Since I have leave to remain in UK till July 2012 on Tier 1 (G) can I apply 28 days (have already booked an appointment
on 26/09/2011) before I complete five years in UK (fifth anniversary landing UK is on 22/10/2011)

Note: My Visa dont run out till 29/07/2012 the CW might say you have a visa good for another year why are you applying 28 days early ? Am i allowed to do that because Tier 1 is valid to take me beyond five years in UK. So He/she might say 28 days grace period is for people whose visa runs-out in a month time. Please suggest ??


(b) The SET(O) applications form Version 05/2011 (page 20: Section 9 D)
" Continuous Residence Assessment
D1. Please confirm whether you have spent a continuous period of 5 years lawfully in
the United Kingdom:
YES : [ ]

What should I fill in here I cant tick YES since I am making
26 days before( on 26-09-2011) I qualify for the ILR( 22-10-2011)

(c) I confirm I have NOT been outside UK for any single absence over 3 months or one or more absences which amount to more than 6 month
in total during the 5 year period including the business absences.

Do I still need a letter from my employer for three business travels which amount to total of 8 days since I came to UK ?



Looking forward from the suggestion and response.

a) It should be fine... you have right to apply after 4 years and 11 months.

b) YES... 28 days period grace period is given by HO so you can use it and your stay should be greater than 4 year 11 months at the time of application.

c) It is not required if your total absence is less than 180 days.

Hope this helps!