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Hello,

I am in a confustion whether to go for PEO or Postal as I am delayed by entry into UK by 78 days. Can anyone please let me know whether I can go to a PEO or should apply only by post.

HSMP Entry Clearance Date : 02nd May 2008
Entered UK on : 19th July, 2008 (78 days late)
Tier1 Extension : April 2010
Tier1 Valid until : 02nd May, 2013

I am valid to apply for ILR from April 4th, 2013(28 days before my HSMP Entry clearance date). But I would be completing only 4 years and 8 months and 17 days.

Can I go for a PEO or should apply by post before my visa expiry date?

Kindly help

Regards

In your case, your 5 year count begins from visa stamp date (02/05/2008). So you complete 5 years in 02/05/2013. You can apply at a PEO or apply by post from 28 days before the 5 year completion date.

You should start looking at booking a PEO appointment (if you want to go that route) as soon as possible. See other threads or do some research here on this board about PEO bookings.

Good luck.

The rule said if you entered up till before 90 days after EC was stamped, then it will be overlooked and those days between EC and actual entry to UK will be counted toward the continuous residency.

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. Provided the period of delay does not exceed 90 days, it will not be counted as an absence.

read page 11 of this link
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

And I believe your appointment day is absolutely in order.

Thank you wpilr_nov12, sayome_now

I am planning to go for a PEO.
Can you please let me know what should be my answers to the below questions in the SET (O) application form

D. Continuous Residence Assessment
D1. Please confirm whether you have spent a continuous period of 5 years lawfully in the United Kingdom:
-------- should I say Yes by ticking this box????

7.11. How long have you lived in the UK
------- should the answer be 4 years and 8 months or 5 years?

Kindly let me know.

Kind Regards

D1 = "Yes"

7.11 -- Let say you apply on the 4th of April, 2013 you would have theoretically been in the UK 4 years, 11 months, 2 days counting from 2nd of May 2008. So your start date would always be 2nd of May as the 78 days you take to come to the UK has been discounted.

Use this link to calculate your residency

http://www.timeanddate.com/date/duratio ... 2=4&ti=off

Thank you sayome_now.