ILR

Hi All
I will be grateful if experts can answer my question as soon as possible

I was issued Tier-2 Entry Clearance on 14-09-2011. I entered UK on 16-01-2012 (Delay of 109 days) Since My entry I have not spent 180 days or more in any year till today. When can I apply for ILR.
1)28 days before 14-09-2016
OR
2)28 days before 16-01-2017

Thanks
Please reply soon
Sana

"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."
taken from https://www.gov.uk/government/uploads/s ... ds-v13.pdf here

Based on this, you have to make sure that the total absence from 14-09-2011 to 14-09-2012 did not exceed 180 days in total, or in other words, you were not absent for more than (180-109) 71 days until 14-09-2012 after entering UK.

Thanks for a prompt reply.I really appreciate it.
I calculated as I was away for another 35 days so altogether it is 109 + 35 =144 days from 14-09-2011 to 14-09-2012 It is not 180 days .I think this rule has changed recently as before it was 90 days .if i m not wrong
Now does this 28 days rule apply here ? If Yes it means i can apply around 20th August 2016 .
I am worried because i will be applying through primium service which means lot of money and i dont want that my application should be rejected on duration basis

So please guide me if i can apply before 28 days
Thanks
Sana