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5 Years continious stay - from date of entry or date of Visa
Posted: Fri Apr 08, 2011 2:30 pm
by BACK_TO_GB
hello folks,
I have some basic query here but its puzzling me!
I have intially entered the UK as HSMP applicant in 15th Sep 2007
Extended my Visa under TIER 1, till 1st Sep 2012
basically, for the 5 years qualifying period, is that the 15th of Sep 2012 (counted from date I entered) or is it the 1st Sep 2012 (counted from date I got Visa start)
and in any case, when can I actually apply for the ILR? the guidance notes talks about 28 days before completion of qualifying period....
so if I apply say on the 18th August 2012 hence (within the 28 days of completion of 5 years) and before my Visa actually expires... Will that satisfy the rules?!
Do I need in extension at all? I doubt it but can someone help with my query...
Thank you
Re: 5 Years continious stay - from date of entry or date of
Posted: Fri Apr 08, 2011 2:34 pm
by geriatrix
BACK_TO_GB wrote:I have intially entered the UK as HSMP applicant in 15th Sep 2007
5 Years continious stay - from date of entry.
See also
Annex B -> 2.2 Applications that fall short of the five year continuous period
Posted: Fri Apr 08, 2011 3:06 pm
by BACK_TO_GB
ok - thanks for that.... so its 5 years from date of entry....
Well, my understanding here and still with the dates I have explained, then i should be ok to apply on say the 18th August 2012... ?
and by the time my application is being processed I would have completed the 5 years period with about 2 weeks to go...
In other words, suppose I didnt have this problem at all... Suppose I entered the same day my Visa started .... 1st of Sep 2007... again same question for me...when can I apply for ILR.... (its only a two week diffrence in my case) do u see what i mean....
DO i need to extend?!
Posted: Fri Apr 08, 2011 11:30 pm
by naeed
Hi sush
Just to clarify does the short of contineous period of 5 ys leave rule is applicable to 4 yrs leave aswell (in case of applicant going for ILR in 4yrs under ILR JR)
Appreciate ur reply
Thanks
Warm regards
Posted: Mon Apr 11, 2011 3:39 pm
by BACK_TO_GB
anybody can tell me if my assumptions above are ok?
can i apply by the end of my visa period or will it be risky?
AM worried about the 'might consider date of entry clearance' as this is a big might!
Posted: Mon Apr 11, 2011 3:45 pm
by xyz123
BACK_TO_GB wrote:ok - thanks for that.... so its 5 years from date of entry....
Well, my understanding here and still with the dates I have explained, then i should be ok to apply on say the 18th August 2012... ?
and by the time my application is being processed I would have completed the 5 years period with about 2 weeks to go...
In other words, suppose I didnt have this problem at all... Suppose I entered the same day my Visa started .... 1st of Sep 2007... again same question for me...when can I apply for ILR.... (its only a two week diffrence in my case) do u see what i mean....
DO i need to extend?!
Did you search the forum. 28 days rule has been explained countless times and also by moderator in response to your original post.
If you entered on 1st Sept 2007, you could apply 28 days before 1st Sept 2012.
What do you mean by Risky? there is always a risk with visa application but as long as you have all correct paperwork, use right forms, pay the fee and meet all other standard requirements (e.g. days out of UK, criminal threshold etc) there should be no problem.
As you entered late you can apply 28 days before 15th Sept 2012.