Hi CR001 & Zimba
Thank you for your prompt relies
@CR001, I'm a little more confused with your reply.
I posted on Freedom of Information exactly as per my message thread here
https://www.whatdotheyknow.com/request/ ... ng-1007928
I have a tier 2 visa with the following details:
Applicant on a Tier 2 General Visa
Tier 2 (General) visa start Date :- 25/01/2013
Employment contract start Date :- 01/02/2013
Entered to UK on :- 17/02/2013 (Less than 90 days)
On my Tier 2 Visa, at the top of the visa, it says "UK Entry Clearance", followed by the valid from 25/01/2013. I am presuming the visa start Date:- 25/01/2013 is the Entry Clearance date?
I also have a stamp on my visa, which is the date I entered the UK on the 17/02/2013.
The gap between my visa start Date and the date I entered the UK is 23 days.
I have read some posts on the forums, which stated the gap between the visa start Date and the physical date of entry must be within 90 days, in order to apply 28 days prior to the visa start date?
The Freedom of Information has stated this as 180 days as per your link suggests. However, my gap is well within both 90 or 180 days.
On page 14, it mentions
Period between the issue of entry clearance and entering
the UK
The period between entry clearance being issued and the applicant entering the UK
may be counted toward the qualifying period. Any absences between the date of
issue and entry to the UK are considered an allowable absence. This period will
count towards the 180 days allowable absence in the relevant 12 month period. The
applicant does not need to provide evidence to demonstrate the reason for delayed
entry.
If the delay is more than 180 days, you can only include time after the applicant
entered the UK in the continuous period calculation.
The above information suggests that the gap (period between entry clearance being issued and the applicant entering the UK may count towards the qualifying period.
Wouldn't this suggests that my qualifying years commenced from 25/01/2013, i.e. my Visa start date?
I am under the assumption that the Visa start date and the Entry Clearance date are the same date.
Could you point me in the right direction? if possible, if I am wrong, also clarify that I can only apply 28 days prior to the stamp date on my visa (i.e. 17/02/2013).
Very much appreciated for the assistance and clarification.
Cheers
Tom