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5 years or 4 years 11 months for ILR?
Posted: Wed Apr 24, 2013 4:57 pm
by goldfish
I will be eligible for ILR on 15 June 2014 and my current HSMP / Tier 1 expires on the same day. I understand that I can apply for my ILR a month before, i.e. on 15 May 2014. However, I would be one month short of the qualifying period. I also arrived in the UK on 15 June (i.e. was not in the UK on 15 May) the year my qualifying period started.
1. Can I apply for ILR on 15 May?
2. If not, does this mean if I go for a PEO appointment I can only go on the day my current visa expires (15 June) because only then I would have completed the entire period and been in the UK at the start of my qualifying period?
Posted: Thu Apr 25, 2013 5:17 pm
by barker
Your 5 year period can be taken from the day your visa is valid from, if you entered the UK less than 90 days after the visa was issued. Is the valid from date on the initial visa 15/6/09 or is it earlier and you entered the UK a few days later
Posted: Thu Apr 25, 2013 6:43 pm
by goldfish
Hi barker, I have extended my visa several times and returned after a 90+ day absence on 15 June, so the issue date of the visa was several years prior to this.
In this case, I think the qualifying period (in my case 4 years because HSMP JR, but same concept would apply if 5 years) would start on 15 June. Is that correct?
Posted: Mon Apr 29, 2013 4:53 pm
by barker
The requirement is that if you submit your application 28 days before the 4 / 5 year anniversary of your stay in the UK you should have completed 4 / 5 years and 11 months depending on the whether you had HSMP or Tier 1.
If you entered the UK on the 15th June and complete 4 years on the 15th June 2014, you can apply in May. I am assuming that you meet all other criteria and am ignoring the actual date the visa was issued as you say you entered the UK more than 90 days after this date.
If you provide more details then other people might be able to give more specific information to you
Re: 5 years or 4 years 11 months for ILR?
Posted: Mon Apr 29, 2013 8:52 pm
by uksettlement
goldfish wrote:I will be eligible for ILR on 15 June 2014 and my current HSMP / Tier 1 expires on the same day. I understand that I can apply for my ILR a month before, i.e. on 15 May 2014. However, I would be one month short of the qualifying period. I also arrived in the UK on 15 June (i.e. was not in the UK on 15 May) the year my qualifying period started.
1. Can I apply for ILR on 15 May? You can apply 28 before completing 5 year anniversary. Hence not 15th May but after 18th May
2. If not, does this mean if I go for a PEO appointment I can only go on the day my current visa expires (15 June) because only then I would have completed the entire period and been in the UK at the start of my qualifying period? You don't have to be in the UK for 5 years but you need visa for 5 years and can apply 28 days before being eligible
Re: 5 years or 4 years 11 months for ILR?
Posted: Mon Apr 29, 2013 10:27 pm
by syed_ILR
goldfish wrote:I will be eligible for ILR on 15 June 2014 and my current HSMP / Tier 1 expires on the same day. I understand that I can apply for my ILR a month before, i.e. on 15 May 2014. However, I would be one month short of the qualifying period. I also arrived in the UK on 15 June (i.e. was not in the UK on 15 May) the year my qualifying period started.
1. Can I apply for ILR on 15 May?
2. If not, does this mean if I go for a PEO appointment I can only go on the day my current visa expires (15 June) because only then I would have completed the entire period and been in the UK at the start of my qualifying period?
4 years 11 months and 2 days....