ILR Qualifying Period

SHANKARK · Post by **SHANKARK** » Sat Feb 18, 2012 12:19 am

Hi There,

I got HSMP on 21st March 2007 and entered the UK on 21st April 2007 (1 month later). I got extension under Tier-1(General) on 30th March 2009 and valid until 30th March 2012.

I wonder when do I qualify to apply for indefinite? This is a bit confusing....

The guidlines states that 5 years is the qualifying period which means I qualify only on 21st April 2012. Also the guidlines states that I can apply before 28 days of qualifying period which means I qualify to apply on 23rd March 2012 whilst my Tier-1 visa still valid.

Do you think my calculation is right even though I did not stay in the UK for the initial 1 month of HSMP?

vinny · Post by **vinny** » Sat Feb 18, 2012 12:39 am

You may apply for ILR between Saturday, 24 March 2012 and 29 March 2012.

SHANKARK · Post by **SHANKARK** » Sat Feb 18, 2012 1:27 am

vinny wrote:You may apply for ILR between Saturday, 24 March 2012 and 29 March 2012.

Thank you. Do I include this initial 1 month within the absence period?

vinny · Post by **vinny** » Sat Feb 18, 2012 1:36 am

SHANKARK · Post by **SHANKARK** » Sat Feb 18, 2012 1:43 am

vinny wrote:No.

Thank you again

Another final query.. Does the absence period include departure and arrival dates in the UK or does it exclude those days?

vinny · Post by **vinny** » Sat Feb 18, 2012 2:18 am

Exclude.

rdrp · Post by **rdrp** » Sat Feb 18, 2012 4:02 pm

vinny wrote:You may apply for ILR between Saturday, 24 March 2012 and 29 March 2012.

Can he not apply on 2nd march as per the modernized guidance? His visa still expires before he completes 5 years and should be eligible under modernized guidance.

SHANKARK · Post by **SHANKARK** » Sun Feb 19, 2012 6:12 pm

rdrp wrote:
vinny wrote:You may apply for ILR between Saturday, 24 March 2012 and 29 March 2012.
Can he not apply on 2nd march as per the modernized guidance? His visa still expires before he completes 5 years and should be eligible under modernized guidance.

Hello,
Where is this modernized guidance? Do you have a link?

linkers · Post by **linkers** » Sun Feb 19, 2012 11:25 pm

I think he can apply under modernized guidance as he entered with 90 days of getting first visa.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

SHANKARK: you can apply 28 days before your visa stamp date which is Wednesday, 22 February 2012.

SHANKARK · Post by **SHANKARK** » Mon Feb 20, 2012 1:51 am

linkers wrote:I think he can apply under modernized guidance as he entered with 90 days of getting first visa.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

SHANKARK: you can apply 28 days before your visa stamp date which is Wednesday, 22 February 2012.

Thank you! I see the parapgraph below in the document -

Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but due to delayed travel will not have spent five years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years, provided this period was not longer than three months.

As the guidance say that "Caseworkder may" consider, I am going to call UKBA tomorrow and see what they say...

I will post back

srirags · Post by **srirags** » Mon Feb 20, 2012 10:29 pm

I'm still confused with this post.

Vinny, you mean to say that we can exclude the period taken to enter the UK for the 28 days calculation to apply for ILR, provided the entry is within 90 days of initial entry clearance?

please clarify. I couldn't see this point in the mordernised guidance .

http://www.ukba.homeoffice.gov.uk/site ... ew=Binary

Thanks

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ILR Qualifying Period

ILR Qualifying Period