ILR for Tier 1 General- continuous period

[khurram2015]

Hi Experts,

Need your help on the following query on continuous period on which I am confused.
My tier 1 general visa started(stamped) on 22 July 2010 but I came to the UK on 18 September 2010.
1) Considering that my tier 1 general visa is valid until 22 July 2015, am I fulfilling the continuous period requirement for my ILR application?
2) If yes, can I take same day appointment ?

Thanks for your help in advance!

[Malik44]

Hi Experts,

Need your help on the following query on continuous period on which I am confused.
My tier 1 general visa started(stamped) on 22 July 2010 but I came to the UK on 18 September 2010.
1) Considering that my tier 1 general visa is valid until 22 July 2015, am I fulfilling the continuous period requirement for my ILR application?

Yes

2) If yes, can I take same day appointment ?

Yes


Thanks for your help in advance!

[khurram2015]

Many thanks Malik44 for your reply. For my knowledge, could you please elaborate a bit on your answer to my first question i.e., I am 58 days short (22 July2010- 17 Spetember 2010) of 5 years continuous period requirement, so how would I overcome that shortcoming?

Best regards

[Malik44]

As per UKBA rules you can apply 28 days prior to 22 July 2015 without any problem.

90 day concession (page19):
https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

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 - (page 4)
https://www.gov.uk/government/uploads/s ... _04-15.pdf

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.

[khurram2015]

Hi Malik44,

Thanks for your helpful explaination!
From the link that you mentioned for 90 days concession: https://www.gov.uk/government/uploads/s ... .0_EXT.pdf, I have grabbed the below information:
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, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK.

Do the words 'may be counted' in above lines mean that the decision is upto the discretion of case worker to decide whether he gives this concession to the applicant or not, or am I misunderstanding it?

Best regards

[CR001]

No, it means you can count it and use the date of visa stamp date. If you search the forum you will see many people apply using the 90 day concession.

[khurram2015]

Hello experts,

I need your advice on the same issue as I have talked to few lawyers because I wanted advice on few things. But all of them have advised me to send my ILR application by post as in their opinion its a case worker's discretion to grant me ILR because I entered 58 days later after my visa start date so they think that same day appointment is a considerable risk. They think that by making a postal application close to the visa expiry date will cover this time gap as postal applications take some time before Home office starts processing them. So in this way my 5 years period will be completed without the need of a discretion from a case worker.

Having said this my myself and my wife really want to the same day appointment as we really want to visit our families back in our country in July school holidays after a long time and dont want to go through the painful waiting times of postal application.

Can anyone who is in similar situation and have recently had same day appointment, can please share their experience as to what happened to their ILR applications??
Also it will be really great if someone can please share any Home Office reply on such a query?

Best regards

[CR001]

same day appointment is a considerable risk.

It is not a risk. The caseworkers know the rules and there have been many many people on the forum who have applied using the 90 concession and who have applied for the same day service and if you search the ILR forum, you will find many instances of success.

Please see page 19 of the Caseworker Guidance(Click)