ILR qualifying period confusion between visa stamped date and date of the first entry

Dear Experts,

Please help!

My visa was stamped on 28/08/2009 and I came to the UK on 23/12/2009 on tier 4 visa.

I checked with 3 solicitors regarding my qualifying period for ILR, one said I would be eligible for ILR on 01/08/2019 and other two solicitors said I would be on 25/11/2019.

It has become really confusing now and I really want to apply for ILR ASAP as my visa runs out in the middle of August 2019.

I look forward to your replies soon.

Thank you.

If ur applying under Long Residence then it’s the day you entered UK minus 28 days..

If you are applying for ILR(LR), as aman90 has mentioned above, it is the date of entry into the UK that counts, not the date of passport stamping. You can only have resided in the UK after entering the UK.

aman90 wrote: ↑

Sat Jun 15, 2019 10:52 pm

If ur applying under Long Residence then it’s the day you entered UK minus 28 days..

Thank you for the prompt reply, sir. Please click the link below and see the post in which one of the moderators, Zimba advised ILR qualifying period will be from visa issue date. I am really confused now.

indefinite-leave-to-remain/ilr-qualifyi ... 78267.html

I look forward to your reply soon.
Thank you.

mt2019 wrote: ↑

Sun Jun 16, 2019 5:55 pm

aman90 wrote: ↑

Sat Jun 15, 2019 10:52 pm

If ur applying under Long Residence then it’s the day you entered UK minus 28 days..

Thank you for the prompt reply sir. Please click the link below and see the post in which one of the moderators, Zimba advised ILR qualifying period will be from visa issue date. I am really confused now.

indefinite-leave-to-remain/ilr-qualifyi ... 78267.html

I look forward to your reply soon.
Thank you.

That post is about ilr based on 5 years PBS route which has different rules to ilr based on long residence.

Best not to confuse the different rules.

Ilr based on long qualifying residence starts from the date you entered the UK.

secret.simon wrote: ↑

Sun Jun 16, 2019 3:10 am

If you are applying for ILR(LR), as aman90 has mentioned above, it is the date of entry into the UK that counts, not the date of passport stamping. You can only have resided in the UK after entering the UK.

Thank you for the prompt reply, sir. Please click the link below and see the post in which one of the moderators, Zimba advised ILR qualifying period will be from visa issue date. I am really confused now.

indefinite-leave-to-remain/ilr-qualifyi ... 78267.html

I look forward to your reply soon.
Thank you.

CR001 wrote: ↑

Sun Jun 16, 2019 5:59 pm

mt2019 wrote: ↑

Sun Jun 16, 2019 5:55 pm

aman90 wrote: ↑

Sat Jun 15, 2019 10:52 pm

If ur applying under Long Residence then it’s the day you entered UK minus 28 days..

Thank you for the prompt reply sir. Please click the link below and see the post in which one of the moderators, Zimba advised ILR qualifying period will be from visa issue date. I am really confused now.

indefinite-leave-to-remain/ilr-qualifyi ... 78267.html

I look forward to your reply soon.
Thank you.

That post is about ilr based on 5 years PBS route which has different rules to ilr based on long residence.

Best not to confuse the different rules.

Ilr based on long qualifying residence starts from the date you entered the UK.

Thank you, sir. It's clear now.

mt2019 wrote: ↑

Sun Jun 16, 2019 6:02 pm

CR001 wrote: ↑

Sun Jun 16, 2019 5:59 pm

mt2019 wrote: ↑

Sun Jun 16, 2019 5:55 pm

aman90 wrote: ↑

Sat Jun 15, 2019 10:52 pm

If ur applying under Long Residence then it’s the day you entered UK minus 28 days..

Thank you for the prompt reply sir. Please click the link below and see the post in which one of the moderators, Zimba advised ILR qualifying period will be from visa issue date. I am really confused now.

indefinite-leave-to-remain/ilr-qualifyi ... 78267.html

I look forward to your reply soon.
Thank you.

That post is about ilr based on 5 years PBS route which has different rules to ilr based on long residence.

Best not to confuse the different rules.

Ilr based on long qualifying residence starts from the date you entered the UK.

Thank you, sir. It's clear now.

I have noticed that many solicitor advise their clients to apply 28 days before the visa stamp date even if it is for 10 year route. This is clearly wrong but they have never been refused for doing that. May be the HO was too kind or there must be some sort of clause.

However if I was to put up the application I would wait another month and apply only 28 days before the entry date to avoid the risk.

Good luck.

Thank you.