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Can I start my 5 year qualifying period from the date of entry clearance.
Posted: Tue Mar 05, 2024 5:19 pm
by Tanyant
Dear forum members,
I am applying for ILR or 5 year route as a skilled worker. I have been told by the lawyer that I should be able to start my qualifying period from the date of issue of the entry clearance (05.06.2019) and add the time between then and the date I entered the UK (15.06.2019) as an absence. So the plan is to file my application on the 8.05.2024.
The wording in the application questionnaire made me question if that is legitimate, because it explicitly asks for the date I enter the UK. I mean the following:
"Date you first entered the UK
When did you first enter the UK?
This is the date you entered the UK when the period of stay you are basing this application on started."
What is your opinion on this? Have you seen any cases of people putting entry clearance issue date there and the case being successful? I worry it may get rejected because of applying too early.
Thanks!
Re: Can I start my 5 year qualifying period from the date of entry clearance.
Posted: Tue Mar 05, 2024 5:40 pm
by zimba
The questions on the form do not change the requirements under the rules. The immigration rules make it clear that the qualifying period starts from the very first visa issue date and the date of entry is irrelevant. The answer to that question on the form does not change anything and is not used to calculate the qualifying period. This is common knowledge
The gold standard is the immigration rules NOT whatever you feel/think is important
Re: Can I start my 5 year qualifying period from the date of entry clearance.
Posted: Wed Mar 06, 2024 3:25 am
by AmazonianX
Tanyant wrote: ↑Tue Mar 05, 2024 5:19 pm
Dear forum members,
I am applying for ILR or 5 year route as a skilled worker. I have been told by the lawyer that I should be able to start my qualifying period from the date of issue of the entry clearance (05.06.2019) and add the time between then and the date I entered the UK (15.06.2019) as an absence. So the plan is to file my application on the 8.05.2024.
The wording in the application questionnaire made me question if that is legitimate, because it explicitly asks for the date I enter the UK. I mean the following:
"Date you first entered the UK
When did you first enter the UK?
This is the date you entered the UK when the period of stay you are basing this application on started."
What is your opinion on this? Have you seen any cases of people putting entry clearance issue date there and the case being successful?
It is not an uncommon situation, it is the norm.
I worry it may get rejected because of applying too early.
Thanks!
No need to complicate things with the convoluted way your lawyer outlined.
Start date on your route is Issuance date.
Stop overthinking/worrying
Re: Can I start my 5 year qualifying period from the date of entry clearance.
Posted: Wed Mar 27, 2024 11:04 am
by Tanyant
That makes sense, thanks everyone!
So I should put my actual first entry date in response to that question, whilst also adding the 10 days period between the issue of entry clearance and entering the UK to the list of absences?
Re: Can I start my 5 year qualifying period from the date of entry clearance.
Posted: Wed Mar 27, 2024 11:26 am
by zimba
Tanyant wrote: ↑Wed Mar 27, 2024 11:04 am
That makes sense, thanks everyone!
So I should put my actual first entry date in response to that question, whilst also adding the 10 days period between the issue of entry clearance and entering the UK to the list of absences?
You do not need to enter the initial gap at all.
Unauthorised absences when applying for ILR
Posted: Mon May 06, 2024 9:10 pm
by Tanyant
I had 3 trips during my past employment where I was working remotely and now they are not willing to confirm this as an authorised leave.
They are 10, 11 and 7 days long. None with my current employer.
Is that a problem and what can I do?
Re: Unauthorised absences when applying for ILR
Posted: Mon May 06, 2024 9:13 pm
by CR001
How do expect your current employer to confirm absences with another different employer. Totally unrealistic.
You do NOT need an absence letter from previous employers either.
Re: Unauthorised absences when applying for ILR
Posted: Mon May 06, 2024 10:16 pm
by zimba
Tanyant wrote: ↑Mon May 06, 2024 9:10 pm
I had 3 trips during my past employment where I was working remotely and now they are not willing to confirm this as an authorised leave.
They are 10, 11 and 7 days long. None with my current employer.
Is that a problem and what can I do?
READ:
All you need to know about the sponsor letter for Skilled Worker route