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Dear Moderators and Senior Members,

Need some clarification whether I will be able to apply for ILR in person. Here are the particulars;

First granted HSMP : 18th Feb 2008
Arrived in UK : 10th March 2008
Tier 1 Exten: 18th Feb 2010

So accordingly I will be completing my five years 18th Feb 2013. When I checked from an lawyer he said I can only calculate my date from the date I arrived in UK (10th March 2008) therefore It will be tricky to apply in person hence recommending sending application by post (this is because 28 days before just falls 16th Feb which is 2 days prior to Tier 1 expiry)Is that true?

I was with the understanding that I can apply in person 28 days before from 18th Feb 2008 (Entry clearance on passport) since I arrived in UK with in 3 months.

Appreciate your feed back on this matter,

regards,
MP

The information your lawyer is giving you is incorrect.

As per the modernised guidance to calculate 5 years for ILR , if you come to the UK within 90 days of getting HSMP (which in your case you did), you are eligible to apply for ILR 28 days before the 5th anniversary of your HSMP visa start date.

Your assumption is correct. You got HSMP on 18th Feb 2008 and you can apply for ILR on or after Monday, January 21, 2013.

MP1982 wrote:Dear Moderators and Senior Members,

Need some clarification whether I will be able to apply for ILR in person. Here are the particulars;

First granted HSMP : 18th Feb 2008
Arrived in UK : 10th March 2008
Tier 1 Exten: 18th Feb 2010

So accordingly I will be completing my five years 18th Feb 2013. When I checked from an lawyer he said I can only calculate my date from the date I arrived in UK (10th March 2008) therefore It will be tricky to apply in person hence recommending sending application by post (this is because 28 days before just falls 16th Feb which is 2 days prior to Tier 1 expiry)Is that true?

I was with the understanding that I can apply in person 28 days before from 18th Feb 2008 (Entry clearance on passport) since I arrived in UK with in 3 months.

Appreciate your feed back on this matter,

regards,
MP

You have a 90 days grace period so you can start counting from the visa issued date rather than the actual date you entered in to UK. If I were you I would ditch that lawyer

Hi,

28 days before 10th March 2013 is 10 Feb 2013, your visa is valid till 18 Feb right?

Why don't you apply on 11 Feb? you will still have a week left for visa expiry.

From what I understand you can use the 90 day grace period if you cannot reach 4 years and 11 months without your visa expiring.

In your case you can complete 4 years and 11 months on 10 Feb, so I think the 90 days rule does not apply.

I think it is better if you email ukba and ask

Cheers Everyone,

Thank you for replying and I think I was thinking of the same lines but the lawyer got me confused. Definetly not using that guy..LOL..

@ANand I think it is clear that I can apply after 21st Jan 2013 as it falls in line with current guidelines.

Regards,
MP