Immigrationboards.com

Hi
I entered UK on HSMP Visa starting Jan 2008 and after that I'v had 2 extensions under Tier -1 General.. Anyway...
So in my case, under the present rules I am eligible for ILR on 2nd November 2013.. And counting 5 years back from this date.... the start of my 5 year qualifying period comes out to be 3rd November 2008..... BUT I was out of UK on a vacation from 25th Oct 2008 till 18th Nov 2008..... Means ... on the start date of my 5 year qualifying period (i.e. 3rd Nov 2008) I was not physically present in the UK....
Can anyone please advise if the above mentioned 3rd Nov 2008 can be taken as the start of my 5 year qualifying period in the UK? OR is it necessary for the applicant to be physically present in the UK on the start date? (In which case my start date will be 18 Oct 2008 wen I re-entered UK)
Note: I'v always had a valid leave to remain in the UK since Jan 2008, so had one when I went out of UK for the above mentioned vacation as well.

I'd appreciate your valuable advise on this....
Many Thanks

I think you may be okay.

This isn't a naturalisation application and the 90 days entry clearance concession is a counterexample.

Aren't you eligible for ILR since Jan 2013?

vinny wrote:I think you may be okay.

This isn't a naturalisation application and the 90 days entry clearance concession is a counterexample.

Aren't you eligible since Jan 2013?

Thanks for your response Vinny....
90 day entry clearance concession is clearly mentioned on the HO website..
I'v been trying to look for some details for an applicant's presence in the UK at the start of 5 yr period for ILR application, on their website..... but couldn't find anything at all...
This info is present for Naturalisation applicants though....
I'm thinking of emailing HO on this.... to get a confirmation..
Do you know the HO email address where we can send these queries and ask for clarification? ?

Also, Ideally I would have been illegible for ILR in Jan 2013 BUT I spend around 190 days outside UK in 2010.... so had to take 2nd extension .... and now after doing all the calculations, my days out of UK are <180 in any consecutive 12 months period in the last 5 years.... Therefore, I am now illegible in Nov 2013

The applicant need not be physically present in the UK at the start of their qualifying period.