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Qualifying Period

Posted: Thu Jun 07, 2012 7:57 pm
by mavrick7
Hi Senior Members

I am totally confused about all the jargon about calculating the qualifying period for ILR and cannot seem to understand it.

My situation
1) Entry Clearance = 10/09/2007
2) Entered UK = 20/09/2007

28 days before 5 years
if I calculate 28 days from Entry Clearance, I will be eligible to apply from 13/08/2012 or should I,
if I calculate 28 days from Date of entry, I will be eligible to apply from 23/08/2012

Which one is right?? considering I am well within the range of 180 days out of country on my holidays.

Please advice.

Many thanks

Re: Qualifying Period

Posted: Thu Jun 07, 2012 8:39 pm
by Lucapooka
mavrick7 wrote:calculate 28 days from Date of entry
This one

Posted: Thu Jun 07, 2012 8:52 pm
by geriatrix

Re: Qualifying Period

Posted: Thu Jun 07, 2012 8:57 pm
by mavrick7
Lucapooka wrote:
mavrick7 wrote:calculate 28 days from Date of entry
This one
Hi

But some people say I should calculate it from Entry Clearance as I only have 10 days gap between EC and Date of entry, which can be counted as a part of the 5 year as it is within 3 months.

Isn't this right?

Posted: Thu Jun 07, 2012 8:58 pm
by geriatrix
The may be wrong or correct, but we cannot comment on that until we know the expiry date of your current leave and whether you switched immigration categories during these 5 years.

Posted: Thu Jun 07, 2012 9:19 pm
by mavrick7
sushdmehta wrote:The may be wrong or correct, but we cannot comment on that until we know the expiry date of your current leave and whether you switched immigration categories during these 5 years.
Background

HSMP EC = 10/09/2007
HSMP Entry = 20/09/2007

Tier-1 extension
03/08/2009 till 10/09/2012

Posted: Thu Jun 07, 2012 9:35 pm
by geriatrix
mavrick7 wrote: HSMP EC = 10/09/2007
HSMP Entry = 20/09/2007

Tier-1 extension
03/08/2009 till 10/09/2012
You have enough leave to complete the 5 years residential period, so those "some people" are wrong.

You may apply for settlement between 24-Aug and 10-Sep.