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ILR Consideration - Tier2 ICT

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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rockstar2k4
Newbie
Posts: 41
Joined: Wed Aug 13, 2008 12:24 am

ILR Consideration - Tier2 ICT

Post by rockstar2k4 » Sun Mar 06, 2011 11:07 pm

Hello Friends,

could you pls advise on the below query, I'm bit concerned about getting ILR if I'm elgible on the below criteria:

Eligibility for an ILR


My Entry Clearance Date: 15th April 2006

My UK Entry Date: 1st July 2006

Current UK Visa category – Tier 2 ICT, granted before 6th April 2010, [hence I’m on transitional arrangement ]


The statement given in UKBA by clause [please below URL]

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

‘Calculating the continuous period in the UK

You can ignore short absences abroad if it is clear that the applicant has continued to be based in the UK. For example, an absence for a:
• holiday consistent with annual paid leave entitlements
• business trips consistent with maintaining employment or self-employment in the UK.

Tier 2 migrants

You can count the period between the migrant being granted entry clearance and the date they entered the UK towards the five year period providing it is no longer than three months.
‘

As per the above statement, I’ll be completing my 5yrs stay in UK on 3rd week of March, if I calculate based on my ENTRY CLEARANCE DATE i.e. 20th April 2006.


So my questions are

1. Can we consider the ENTRY CLEARANCE DATE as for applying an ILR?

2. Am I eligible for applying ILR on week commencing on 28th March 2011? [28 days before]

pls advise.

Rgds
Rocky

rajivilr
Junior Member
Posts: 65
Joined: Thu Feb 17, 2011 10:45 am

Post by rajivilr » Mon Mar 07, 2011 9:26 am

As far as I know it is from the day you entered in the uk and not when your visa was stamped in case of entry clearance.

Raj

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Mon Mar 07, 2011 9:29 am

When is your current leave due to expire?


regards

rockstar2k4
Newbie
Posts: 41
Joined: Wed Aug 13, 2008 12:24 am

Post by rockstar2k4 » Mon Mar 07, 2011 12:31 pm

sushdmehta wrote:When is your current leave due to expire?


regards
current visa ll expire on sep 2011

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Mon Mar 07, 2011 3:12 pm

IMHO, you should apply for settlement no earlier than 28 days before 01-Jul-11, and request for the 5 year qualifying residential period to be counted in accordance with the allowance specified in the IDI guidance, and that the settlement be back-dated accordingly.
Tier 2 migrants

You can count the period between the migrant being granted entry clearance and the date they entered the UK towards the five year period providing it is no longer than three months.

regards

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