Will a few hours in UK count towards the ILR 28 day limit?

Hey everybody.

I know that we have to enter the UK within 28 days of our visa start date in order to qualify for ILR after 5 years.

Now, this is my situation. Within 28 days of my visa start date I will be going to the USA via London. I am only going to be in London for about 4-6 hours. My plan is to leave the air port on my Tier 1 visa and drop my CV off at some agencies if time allows (and to get my visa stamped!!). I also want to collect news papers and information at tourism centers etc.

I will then return to the air port, and go the USA 'til January 2009 when I will go back to the UK and start looking for work.

If I am allowed entrance into the UK, does that count towards ILR?

In order not to get 'pulled over' at the air port, I will tell the immigration officer that I am on route to the USA, and that I want to drop off my some CVs as I do have a Tier 1 visa, and that I will return in January.

On the ILR forms, you have to state your date of entry, then all the holidays taken during a 5 year period. My date of entry will therefore be the same as my first holiday date.

To recap: Will this few hours which I spend in the UK, count as my official entrance into the UK for ILR, or will it be seen as a short visit, and they will then only count my January entrance as my official entry date?

For your information: South Africans (which I am) are allowed to enter the UK without a visa for short visits, so they do not have to 'clear' my Tier 1 in order to let me into the country.

So just to clarify, you are yet to enter the UK on Tier 1, correct?

If so then you should be allowed entry assuming no complications at which point yes you will get a stamp which should in theory start your ILR clock. The question is whether you will have trouble coming back in Jan since immigration might probe further the one day entry and lack of employment.

Oh, and the time you spend outside will count as non-UK days for ILR (cant remember what the limit is these days, look at BIA website) so if you overshoot when it comes to end of 5 years it might delay your ability to apply.

Does lack of employment have anything to do regarding second or third entry on a Tier 1 visa?

I thought that only matters if someone is on WP or other employment related visa?

(I may be wrong, any senior member may shed light on to this.)

From personal experience I have never been asked if I hold employment when entering UK on HSMP and have come in on one occasion without a job (self employed and had no contract at the time).

When I was on WP previously I would always get asked the name of the employer I am working for.

Hi Would you please advise where you have found that upon havingt the VISA need to enter to the UK within 28 days.

Wud you please let me know the link.

Thanks and best regards

Snoozles wrote:Hey everybody.

I know that we have to enter the UK within 28 days of our visa start date in order to qualify for ILR after 5 years.

Now, this is my situation. Within 28 days of my visa start date I will be going to the USA via London. I am only going to be in London for about 4-6 hours. My plan is to leave the air port on my Tier 1 visa and drop my CV off at some agencies if time allows (and to get my visa stamped!!). I also want to collect news papers and information at tourism centers etc.

I will then return to the air port, and go the USA 'til January 2009 when I will go back to the UK and start looking for work.

If I am allowed entrance into the UK, does that count towards ILR?

In order not to get 'pulled over' at the air port, I will tell the immigration officer that I am on route to the USA, and that I want to drop off my some CVs as I do have a Tier 1 visa, and that I will return in January.

On the ILR forms, you have to state your date of entry, then all the holidays taken during a 5 year period. My date of entry will therefore be the same as my first holiday date.

To recap: Will this few hours which I spend in the UK, count as my official entrance into the UK for ILR, or will it be seen as a short visit, and they will then only count my January entrance as my official entry date?

For your information: South Africans (which I am) are allowed to enter the UK without a visa for short visits, so they do not have to 'clear' my Tier 1 in order to let me into the country.

mhu wrote:Hi Would you please advise where you have found that upon havingt the VISA need to enter to the UK within 28 days.

Applying for settlement in the United Kingdom wrote:You must not send us your application more than 28 days before the end of your qualifying period. If you do, we may refuse your application with no refund of the fee. However, you must make your application before your current permission to stay in the United Kingdom expires.