ilr qualiying period

Can someone clarify on my ilr calculation:

entry clearance : 29th oct 2007
dt of entry to uk : 24th nov 2007
extension valid until : 29th oct 2012

I'm aware that I can apply 28 days before my visa expiry which is 2nd of oct 2012.

As I entered only on 24th, I'll be completing my 4 yrs 11 months on 24th Oct 2011.

So I'm eligible to apply for my ilr on 25th oct 2011. Is my undrstanding correct or I need to extend my visa one more time?

Pls. clarify

It depends on what visa you are on?
I think there is a rule of 90 days from the entry stamp to entry date which is counted towards the stay.

rentmeda, I entered on HSMP and now on Tier 1 visa.

I've gone through the guidance note and it has mentioned that case worker may consider for the (90 days or 3 months) rule and it is dependent on case worker?

Can someone clarify on the date I can apply for irl, considering nothing changes in the rule for the existing tier 1 holders..

thanks,

srirags wrote:rentmeda, I entered on HSMP and now on Tier 1 visa.

I've gone through the guidance note and it has mentioned that case worker may consider for the (90 days or 3 months) rule and it is dependent on case worker?

Can someone clarify on the date I can apply for irl, considering nothing changes in the rule for the existing tier 1 holders..

thanks,

Yes it is a guidance and not law. but many people were given ilr on this guidance

From the guidance note:

In some cases, applicants may have been granted 5 years continuous leave, but will not have
spent 5 years continuously in the UK before their current leave expires. Caseworkers may
count the period between entry clearance being granted and the date the applicant entered
the UK towards the 5 years, provided this period was not longer than 3 months.

In the above statement from the guidance note, it is mentioned that caseworkers may count.

So I'm not clear whether I need to go for one more extension and if not when exactly i'm eligible (is it 25th of octer 2012 or 2nd of oct 2012 or 3 months before the expiry of visa).

Seniors, any input on this pls?

thanks,

srirags wrote:From the guidance note:

In some cases, applicants may have been granted 5 years continuous leave, but will not have
spent 5 years continuously in the UK before their current leave expires. Caseworkers may
count the period between entry clearance being granted and the date the applicant entered
the UK towards the 5 years, provided this period was not longer than 3 months.

In the above statement from the guidance note, it is mentioned that caseworkers may count.

So I'm not clear whether I need to go for one more extension and if not when exactly i'm eligible (is it 25th of octer 2012 or 2nd of oct 2012 or 3 months before the expiry of visa).

Seniors, any input on this pls?

thanks,

My suggestion is if not pressed financially, apply for ILR after 2nd october on PEO. Bright chances are that you will get it ILR under this rule. In cover letter mention about difficulties of travelling immediately after visa like,giving notice to previous employer, winding down households,non availability of flights (if this was the reason) or other genuine reasons for delayed travel. If for any reason case worker refuses application extension option is open always. Financial theory
1 Applying ILR 50/50 chance(being very conservative although success chances are much higher). If you get ILR you save double payment. Otherwise you face double payment .
2 If you apply extension first and then apply ILR, 100 percent you pay double payment

DEAL or NO DEAL

See also ILR success in Corydon 01.07.2011 , HSMP JR , 4 days short

srirags wrote:Can someone clarify on my ilr calculation:

entry clearance : 29th oct 2007
dt of entry to uk : 24th nov 2007
extension valid until : 29th oct 2012

I'm aware that I can apply 28 days before my visa expiry which is 2nd of oct 2012.

If your extension is valid until 29-Oct-12, how can you say that your leave expires on 02-Oct-12? So, which date is correct?

Assuming 29-Oct-2012, you may apply for settlement between 27-Oct-12 and 29-Oct-2012. Given that 27-Oct-12 is a Saturday, if applying by post then suggest you post it on 27-Oct and keep proof of postage safe. If applying in-person, make sure you book an appointment for 29-Oct.

Since there is a window of 3 days (including a weekend, unfortunately) when you can apply for settlement before expiry of current leave, you may find it hard to convince a caseworker to apply the discretion in your favour.

Unfortunately, I am one of those who believes that this discretion does not allow someone to apply 3-4 months in advance when he has sufficient leave to be able to apply within the 28 days window.

All, thanks for the valuable inputs.

@sushdmehta

I mean to say: 28 days before the visa expiry dt: 29th oct 2012, which is 2nd oct 2012.

One more qn on your 28 days calculation,

as I entered into the uk on 24th nov 2007, I'll be completing my 4 yrs 11 months on 24th oct 2012.

So how come you calculated that my ilr eligibility starts from 27th oct 2012 and not from 24th oct 2012.

thanks in advance for the clarification,

srirags wrote:All, thanks for the valuable inputs.

@sushdmehta

I mean to say: 28 days before the visa expiry dt: 29th oct 2012, which is 2nd oct 2012.

One more qn on your 28 days calculation,

as I entered into the uk on 24th nov 2007, I'll be completing my 4 yrs 11 months on 24th oct 2012.

So how come you calculated that my ilr eligibility starts from 27th oct 2012 and not from 24th oct 2012.

thanks in advance for the clarification,

Because its 28 days and NOT one month. If you calculate 28 days that would be 27th Oct.

srirags wrote:entry clearance : 29th oct 2007
dt of entry to uk : 24th nov 2007
extension valid until : 29th oct 2012

You have 2 days to apply for settlement - 27-Oct, 29-Oct.

Apply by post on any of these days and keep the proof of posting safe.

sushdmehta wrote:

srirags wrote:entry clearance : 29th oct 2007
dt of entry to uk : 24th nov 2007
extension valid until : 29th oct 2012

You have 2 days to apply for settlement - 27-Oct, 29-Oct.

Apply by post on any of these days and keep the proof of posting safe.

Hello Guys,

I am also having the same issue, but bit more short of days.

HSMP Visa Entry Clearance - 03 March 2007
Date of entry - 03 April 2007
Extension Valid till - 03 March 2013.

I will complete my 4 year 11 months stay on 03-March-2013, that being a Sunday. If I apply by post on 02-March-2013, will my application be valid (4 year 11 month rule) as it will be reaching the HO on or after 04-March-2013.
(Extension is certainly an option I am considering)
Appreciate any thoughts.

thanks,
alladin