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Hello everyone
I am new on this forum.
I am on Tier 1General visa which was issued on 6th April 2009 and valid till 6th April 2012. I got another 2 years extension and our current visa is valid until 16 May 2014. My query is that since I will complete the five year period of residence in April 2014 and ILR can be applied for, 28 days earlier. Is this 28 day period from the date of completion of 5 years of residence or 28 days before current visa expires? Could I apply for ILR just after March 9, 2014?
My second query is that I want to take a PEO appointment- Kindly suggest which PEO is preferable as I am unable to get an appointment before mid April in Croydon. I have read through forum and they say that Croydon is good in case of director of Ltd company and Solihull is not.Which is the second preference Glasgow/Manchester/ Cardiff/Sheffield/Liverpool?
Would really appreciate your help!

The 5 year qualifying period is counted from the actual date of your first arrival in the UK as a PBS migrant and the earliest you can apply is 28 days before the 5th anniversary.

You could keep trying Croydon, there may be cancellations. Apparently the best time to try is in the early hours of the morning, just after midnight.

Thanks lot for you prompt reply!

Hi manci / seniors,

May I ask a similar question - I'm on a Tier 1(G) visa - when can I apply for ILR?

History:
Entry Clearance Stamp: 01/05/09 (out of country)
Entered UK: 01/06/09
Tier 1 (G) valid till: 30/05/14

Can I apply for ILR on:

a) 04/05/14 (28 days before five years from date of entry into UK)
b) 03/04/14 (28 days before five year EC taking the 90 day concession* into account)

*Guidance –ILR – calculating continuous period in the UK @ Page 22:
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.

Thank you.

MindTheGap

manci wrote:The 5 year qualifying period is counted from the actual date of your first arrival in the UK as a PBS migrant and the earliest you can apply is 28 days before the 5th anniversary.

You could keep trying Croydon, there may be cancellations. Apparently the best time to try is in the early hours of the morning, just after midnight.

Hi Manci,

Are you saying Qualifying period doesn't starts from the date of visa stamp? Isn't 90 days discount is applied and date of visa stamp is considered if the person entered within 90 days of visa Entry Clearance?

Can anyone please help and clear this confusion?

Many Thanks.

hi mindthegap,

u can apply for ilr after 03/04/14 (28 days before five year EC taking the 90 day concession* into account........
I got the peo appointemtn on 20march visa stamped from india 16/04/2009 first entered uk 12jul2009(within 90days)

so can apply after 18march.......hope this clarifires...........same is been confimed with gurus.

gg1001 wrote:hi mindthegap,

u can apply for ilr after 03/04/14 (28 days before five year EC taking the 90 day concession* into account........
I got the peo appointemtn on 20march visa stamped from india 16/04/2009 first entered uk 12jul2009(within 90days)

so can apply after 18march.......hope this clarifires...........same is been confimed with gurus.

Thanks gg1001. Good luck on 20th March. Please don't forget to share your PEO experience.

Wpc2 wrote:Hello everyone
I am new on this forum.
I am on Tier 1General visa which was issued on 6th April 2009 and valid till 6th April 2012. I got another 2 years extension and our current visa is valid until 16 May 2014. My query is that since I will complete the five year period of residence in April 2014 and ILR can be applied for, 28 days earlier. Is this 28 day period from the date of completion of 5 years of residence or 28 days before current visa expires? Could I apply for ILR just after March 9, 2014?
My second query is that I want to take a PEO appointment- Kindly suggest which PEO is preferable as I am unable to get an appointment before mid April in Croydon. I have read through forum and they say that Croydon is good in case of director of Ltd company and Solihull is not.Which is the second preference Glasgow/Manchester/ Cardiff/Sheffield/Liverpool?
Would really appreciate your help!

Wpc2, further to the above and also in reference to this thread - you should be able to apply on March 9, 2014.
I've booked an appointment for Croydon on 04/04/14.

All the best!

read p22
https://www.gov.uk/government/uploads/s ... eriods.pdf

manci wrote:read p22
https://www.gov.uk/government/uploads/s ... eriods.pdf

Hi Manci,

Thanks for pointing out to page 22, that's my understanding was. If someone enters UK within 90 day of the EC he / she should be safe and his entry clearance stamp date will be counted as the date of start of his /her 5 year lawful residence not the Entry date in UK itself.

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. The period of delay will not be counted as an
absence if it does not exceed 90 days. If the delay is more than 90 days, none of the period
between entry clearance being issued and the applicant entering the UK can be included in
the continuous period calculation.

This concession is invoked when the migrant's leave expires before the end of the qualifying period.

manci wrote:This concession is invoked when the migrant's leave expires before the end of the qualifying period.

Thanks manci.

Applicants have however received their ILR in spite of the leave not expiring before the end of the qualifying period. The entry clearance stamp date was counted as the date of the start of the 5 year lawful residence not the Entry date in the UK itself, under the condition that the migrant enter within 90 days of the EC.

Details for abdik1980
Tier1 General Entry Clearance Visa Stamp Date outside of UK: 9th Feb 2009
UK First Entry Date: 6th March 2009
Visa Expiry: 9th Sept 2014
PEO Interview date: 13th Jan 2014 (Outside UK Entry clearance stamp date of 9th Feb 2009 + 4years 11months 4 days)
ILR Approved: 13th Jan 2014

You can apply on 03/04/14.

Mind_The_Gap wrote:
Can I apply for ILR on:

a) 04/05/14 (28 days before five years from date of entry into UK)
b) 03/04/14 (28 days before five year EC taking the 90 day concession* into account)

Where did you read that? Any UKBA link?

manci wrote:This concession is invoked when the migrant's leave expires before the end of the qualifying period.

p22
https://www.gov.uk/government/uploads/s ... eriods.pdf
(as quoted above)

manci wrote:p22
https://www.gov.uk/government/uploads/s ... eriods.pdf
(as quoted above)

Thanks manci.

Perhaps I've just had a long day, however there appears to be no mention of your 'invoked' clause related to Tier 1 G applicants in the above link.

As stated above, applicants have received their ILR in spite of the leave not expiring before the end of the qualifying period. The entry clearance stamp date was counted as the date of the start of the 5 year lawful residence not the Entry date in the UK itself, under the condition that the migrant enter within 90 days of the EC.

Details for abdik1980
Tier1 General Entry Clearance Visa Stamp Date outside of UK: 9th Feb 2009
UK First Entry Date: 6th March 2009
Visa Expiry: 9th Sept 2014
PEO Interview date: 13th Jan 2014 (Outside UK Entry clearance stamp date of 9th Feb 2009 + 4years 11months 4 days)
ILR Approved: 13th Jan 2014

This has also been confirmed by Amber_.

manci wrote:This concession is invoked when the migrant's leave expires before the end of the qualifying period.

Hi Manci,
Thanks for all your inputs. Can you please let us know the mention of above clause in guidance?

manci wrote:p22
https://www.gov.uk/government/uploads/s ... eriods.pdf
(as quoted above)

I can only see 90 days concession rule explained in page 22. There is nothing written about invocation of that rule. It doesn't matter if your current expiry is before or after qualifying period. The 90 days concession rule still applies. The extract is:

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. The period of delay will not be counted as an
absence if it does not exceed 90 days. If the delay is more than 90 days, none of the period
between entry clearance being issued and the applicant entering the UK can be included in
the continuous period calculation.

Couple of my friends got ILR and their expiry was couple of months after the qualifying period. Please don't confuse people.

Mind_The_Gap wrote:

manci wrote:p22
https://www.gov.uk/government/uploads/s ... eriods.pdf
(as quoted above)

Thanks manci.

Perhaps I've just had a long day, however there appears to be no mention of your 'invoked' clause related to Tier 1 G applicants in the above link.

As stated above, applicants have received their ILR in spite of the leave not expiring before the end of the qualifying period. The entry clearance stamp date was counted as the date of the start of the 5 year lawful residence not the Entry date in the UK itself, under the condition that the migrant enter within 90 days of the EC.

Details for abdik1980
Tier1 General Entry Clearance Visa Stamp Date outside of UK: 9th Feb 2009
UK First Entry Date: 6th March 2009
Visa Expiry: 9th Sept 2014
PEO Interview date: 13th Jan 2014 (Outside UK Entry clearance stamp date of 9th Feb 2009 + 4years 11months 4 days)
ILR Approved: 13th Jan 2014

This has also been confirmed by Amber_.

Hi Manci,

Further to the post above, there is no invoked clause.

I had more than ample leave to remain but was granted ILR under the clauses mentioned above.

Entry Clearance Stamp: 01/05/09 (out of country)
Entered UK: 01/06/09
Tier 1 (G) valid till: 30/05/14
Croydon PEO ILR approval: 04/04/14

MindTheGap