90 days concession and 28 days rule - Clarification

Hi all

I entered uk on a tier-1 general visa after 85 days of my visa start date in 2009. I am currently on my 1st Tier-1 General extension and planning to apply for an ILR exactly 28 days before my current leave (as tier-1 general) expires. My visa expires on 01 may 2014 and my appointment is on 04 april 2014 (which is exactly 28 days before my visa expires).

On one hand i am tempted to reschedule this appointment to a later date so that i have around 20 days remaining (if that is going to affect the outcome of my application at all?!!) and on the other hand i am aware of the changes coming into effect on 06 april 2014, and so want to get my ILR sorted before that. I will be applying in person.

What is the best way forward? Does it negatively impact your application if you apply exactly 28 days prior to the visa expiration date and use 90 days concession rule? Any experiences or replies are appreciated. thanks

well i am applying exactly 28 days before as well, bit concerned but find it very unlikely they will reject application based on that

Hi,

Applicants have received their ILR in spite of the leave not expiring before the end of the qualifying period.

Details for abdik1980
Tier1 General Entry Clearance Visa Stamp Date outside of UK: 9th Feb 2009
UK First Entry Date: 6th March 2009
Visa Expiry: 9th Sept 2014
PEO Interview date: 13th Jan 2014 (Outside UK Entry clearance stamp date of 9th Feb 2009 + 4years 11months 4 days)
ILR Approved: 13th Jan 2014

This has also been confirmed by immigrationboards.com moderator Amber_ and the UKBA.

* 90 day concession (page22): The entry clearance stamp date is counted as the date of the start of the 5 year lawful residence not the Entry date in the UK itself, under the condition that the Tier 1 G migrant enter within 90 days of the EC.

** 28 days - Please do not send us your application more than 28 days before you become eligible to apply. If you do, we may refuse your application with no refund of the application fee (if a fee is charged for your application type). However, you must make your application before your current permission to stay in the UK expires.

MindTheGap

I think people are confused with the new rule coming in place on 6th/APR/14.
however new rule doesn't state any changes on 28 day rule or 90 day concession , it will be great if
few senior members can confirm this.

Shash

I read the new document released by Home Office. Nothing about 28 days rule and 90 days concession.

smartkhan wrote:I read the new document released by Home Office. Nothing about 28 days rule and 90 days concession.

what is the link please? thanks

Hi All

Thanks for being very helpful with all my queries. I am in the process of applying for my ILR and i have a few queries

1. I entered UK 85 days after my Tier 1 General visa start date. At the time of entry my passport had my previous Work permit on it which, going by the date shown on the stamp, was still valid (but it was actually cancelled by my employer when i left that job and got my tier-1 general) I have just noticed that the immigration entry stamp for that date of arrival in the UK (which ideally should have been on my first entry on my New Tier1 General) is on the work permit. Looks like It was a mistake on the side of the immigration officer to stamp the wrong visa.

Is it going to cause any trouble with my ILR application or qualifying period? Any thoughts from seniors/mods???

2. When answering question 7.11 in SET O "How long have you lived in the UK?", how do i calculate the duration of UK stay? Should it be from the date of first entry , till date (which is close to 4 years and 8 months) or should it be from the visa start date (in which case it is 4 years and 11 months)?

3. Lastly my visa expires on 01/05/2014, and i am going to apply on 04/04/2014 which according to my calculation is 28 days before the expiry date? So i should be eligible to apply for ILR as i complete my 5 yr period from first visa start date 01/05/2009 till 01/05/2014?? Is this understanding correct?

Please can someone help with these queries? I appreciate your help

thanks

Mods? Seniors? Would you have a feedback on the above queries?

Hello,

How was your ILR? What did you write in 7.1?

Thanks,

Hello

I am on an Ancestral Visa but the queries are still the same. I am not getting full information on this board or googling so I though I would try again

My visa was issued 02/03/10 expires 02/03/15. I entered over 2 months later at 83 days on the 31/05/10.
My understanding is that I have to base my application on expiring on the 02/03/15.
Is this a grey area and I may be able to apply in April?

Secondly when documenting my SET O "How long have you lived in the UK?", do I start from from the date of visa issued 02/03/10? This is my understanding from research but I am getting mixed information.

I have been on the same visa for 5 years.
Thank you for your help!!!

You can apply maximum of 28 days before 02/03/15.
You entered within 90 days, so it will not be counted as absence.
You can mention duration you have been to UK. like 4 years 9 months or 4 years 10 months whatever.

neesh, Mind_The_Gap clarified it quite well.

The effective date of your visa and date of entry are relevant.
If you entered the UK within 90 days of your visa's effective date, then they may consider your start date to be the effective date of your visa.
Else, your start date should be your date of entry.

Start date + qualifying period = completion of qualifying period.

You may apply for ILR no sooner than 28 days prior to the completion of your qualifying period.

Hi Vinny,

Does it applicable for Tier 2 ICT as well?

Just to get the confirmation from you as I got confused reading so many threads.

Tier2 ICT visa start date - 15-02-2010
Entered UK - 21-02-2010
VISA valid until 01-03-2015

What is the earliest date that I can apply? Please can you advise?

Thanks..

Yes. Earliest date is 28 days prior to visa start date.

Many thanks Vinny and you guys are doing great work.

I got my ILR in Solihull PEO/PSC on 19/01/2015 and received my BRP as well.

For others benefit, I applied 27 days before VISA start date and also used 90 days concession period.

Tier2 ICT visa start date = 15-02-2010
Entered UK = 21-02-2010 ( 6 days after VISA start date)
ILR application date = 19/01/2015 ( 27 days before 15-02-2015)
VISA valid until 01-03-2015

Once again, thanks for your help.

hi.. I am in the same boat. want to use 90 days concession.. which date do i need to fill in form Set O questions


Form questions:
6.1 wants to know what is your entry date in uk?
Ans- Visa stamp date or UK arrival date

7.11 How long you have lived in uk?
Ans- From Visa stamp date or From UK arrival date

I got my visa in india on 23rd March 2010... Arrived UK 22 June2010.

Thanks,
Anas

Hi,

Same case...

Entry Clearance Stamp: 20/04/2010 (Tier 2 ICT (Migrant)
Entered UK: 03/05/2010
Tier 2 ICT valid till: 16/07/16

28 days before 20/04/2015 i.e. 23/03/2015
Or
28 days before 03/05/2015 i.e. 05/04/2015

Could you please confirm when I can apply for ILR?

Thanks

Hi Seniors/Moderators,

My case is as follows

Tier 1 - Valid from 15/3/2010
Entered uk on 11/6/2010 i.e 89 days from Visa validity date.
Current leave expires on 26/4/2015

What date could i apply for my ILR considering the 28 day rule?
Should it be no earlier than 28 days from 15th March 2015 or 28 Days from 11th June 2015 ?

Also Can you please confirm the following questions

a) What date to fill in the SET(o) form for the date of arrival in UK? Considering the 90 day concessionary period.
Will this be the visa validity date (15/3/2010) or the date of entry into UK (11/6/2010) ?

b) How long have you been in the UK?
Should I consider the visa valid from date i.e 15/3/2010 to be the earliest date for counting years in the UK? or will this be the actual entry date in the UK i.e 11th June 2015?

Can you please respond immediately as I am waiting for this clarification to ensure I make the correct decision.

Thanks,
Rajiv

My Tier 1 general visa going to expire on 26-05-2015. Due to family situation I cannot apply before 14-05-15. Should it be ok, if I can apply on 15-05-2015, just 11 days before my visa expire. Please reply in a way I can book the appointment for premimum service