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ILR qualifying date

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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sonalisa25
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Malaysia

ILR qualifying date

Post by sonalisa25 » Mon Aug 31, 2020 11:21 pm

Hi,

I do apologise if this question has been previously asked.
I would like to know which date I should follow to qualify for the 5 years period
Visa vignette valid from date: 1/11/2015
Issue date on BRP card: 28/10/2015
Entry into the country: 23/11/2015

Am I right to say I can apply from 28/9/2020 following 4 years and 11 months from 28/10/2015?

Or should I be counting from the date I actually entered the country?
Any input is very much appreciated!

Many Thanks!

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: ILR qualifying date

Post by vinny » Tue Sep 01, 2020 2:31 am

It depends on your Immigration category.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Re: ILR qualifying date

Post by vinny » Tue Sep 01, 2020 2:40 am

sonalisa25 wrote:
Mon Aug 31, 2020 11:21 pm
Visa vignette valid from date: 1/11/2015
Issue date on BRP card: 28/10/2015
Entry into the country: 23/11/2015
Is the BRP card date earlier than the Visa vignette date and the entry date?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sonalisa25
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Posts: 8
Joined: Mon Aug 31, 2020 10:29 pm
Malaysia

Re: ILR qualifying date

Post by sonalisa25 » Tue Sep 01, 2020 11:18 am

vinny wrote:
Tue Sep 01, 2020 2:40 am
sonalisa25 wrote:
Mon Aug 31, 2020 11:21 pm
Visa vignette valid from date: 1/11/2015
Issue date on BRP card: 28/10/2015
Entry into the country: 23/11/2015
Is the BRP card date earlier than the Visa vignette date and the entry date?
Yes. The BRP issue date is 28/10/2015. The vignette date is 1/11/2015. entry date is 23/11/2015.
My category is T2 General.

Thank you very much!

sonalisa25
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Posts: 8
Joined: Mon Aug 31, 2020 10:29 pm
Malaysia

Re: ILR qualifying date

Post by sonalisa25 » Tue Sep 01, 2020 3:11 pm

sonalisa25 wrote:
Mon Aug 31, 2020 11:21 pm
Hi,

I do apologise if this question has been previously asked.
I would like to know which date I should follow to qualify for the 5 years period
Visa vignette valid from date: 1/11/2015
Issue date on BRP card: 28/10/2015
Entry into the country: 23/11/2015

Am I right to say I can apply from 28/9/2020 following 4 years and 11 months from 28/10/2015?

Or should I be counting from the date I actually entered the country?
Any input is very much appreciated!

Many Thanks!
Dear Moderators,

Please could I get some clarification for my situation. I'm currently on Tier 2 General.

Many thanks!

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seagul
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Re: ILR qualifying date

Post by seagul » Tue Sep 01, 2020 3:24 pm

sonalisa25 wrote:
Tue Sep 01, 2020 3:11 pm
sonalisa25 wrote:
Mon Aug 31, 2020 11:21 pm
Hi,

I do apologise if this question has been previously asked.
I would like to know which date I should follow to qualify for the 5 years period
Visa vignette valid from date: 1/11/2015
Issue date on BRP card: 28/10/2015
Entry into the country: 23/11/2015

Am I right to say I can apply from 28/9/2020 following 4 years and 11 months from 28/10/2015?

Or should I be counting from the date I actually entered the country?
Any input is very much appreciated!

Many Thanks!
Dear Moderators,

Please could I get some clarification for my situation. I'm currently on Tier 2 General.

Many thanks!
Why not you just rely on date of visa vignette which is a matter of just couple of days.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

sonalisa25
Newly Registered
Posts: 8
Joined: Mon Aug 31, 2020 10:29 pm
Malaysia

Re: ILR qualifying date

Post by sonalisa25 » Tue Sep 01, 2020 3:51 pm

Would that be much safer to go by then? The date on visa vignette. Or should I consider the late I entered the country? I am seeing quite the mixed information on which date to follow and it is quite confusing with the wording in the guideline.

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seagul
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United Kingdom

Re: ILR qualifying date

Post by seagul » Tue Sep 01, 2020 4:14 pm

sonalisa25 wrote:
Tue Sep 01, 2020 3:51 pm
Would that be much safer to go by then? The date on visa vignette. Or should I consider the late I entered the country? I am seeing quite the mixed information on which date to follow and it is quite confusing with the wording in the guideline.
If you want deeper understanding then click on vinny's given link. Also if your leave is not expiring soon then no harm in following the date on which you arrived.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

sonalisa25
Newly Registered
Posts: 8
Joined: Mon Aug 31, 2020 10:29 pm
Malaysia

Re: ILR qualifying date

Post by sonalisa25 » Tue Sep 01, 2020 10:33 pm

I am leaving the country to go home for a few weeks. Thus, hoping to apply and get the results before leaving. If I follow the entry date into the country then it would be way too close to when I am flying.

sonalisa25
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Posts: 8
Joined: Mon Aug 31, 2020 10:29 pm
Malaysia

Re: ILR qualifying date

Post by sonalisa25 » Tue Sep 01, 2020 10:34 pm

seagul wrote:
Tue Sep 01, 2020 4:14 pm
sonalisa25 wrote:
Tue Sep 01, 2020 3:51 pm
Would that be much safer to go by then? The date on visa vignette. Or should I consider the late I entered the country? I am seeing quite the mixed information on which date to follow and it is quite confusing with the wording in the guideline.
If you want deeper understanding then click on vinny's given link. Also if your leave is not expiring soon then no harm in following the date on which you arrived.
May I know which link you are referring to please?

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CULLINAN
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Pakistan

Re: ILR qualifying date

Post by CULLINAN » Tue Sep 01, 2020 10:35 pm

Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

sonalisa25
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Posts: 8
Joined: Mon Aug 31, 2020 10:29 pm
Malaysia

Re: ILR qualifying date

Post by sonalisa25 » Tue Sep 01, 2020 10:53 pm

Thank you so much for the link! :D :D

Referring to the statement below;

"The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the continuous 12-month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry.

Absences must be for a reason consistent with the original purpose of entry to the
UK, or for a serious or compelling reason, in the following categories:
• representative of an overseas business
• domestic workers in private households
And in the following sub categories of the points-based system:
• Tier 2 (General)
• Tier 2 (Minister of religion)
• Tier 2 (Sportsperson)
• Tier 5 (Temporary worker – International Agreement) (private servants in
diplomatic households granted under rules in place before 6 April 2012 only)
The applicant must provide evidence as explained below "

Queries:
Do I need to include evidences to demonstrate the reason for delayed entry. The top part of the guideline says you don't need to, but under the allowable absences it says must provide?

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: ILR qualifying date

Post by vinny » Wed Sep 02, 2020 2:09 am

I think that the bottom part refers to any absences after the initial entry.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sonalisa25
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Posts: 8
Joined: Mon Aug 31, 2020 10:29 pm
Malaysia

Re: ILR qualifying date

Post by sonalisa25 » Wed Sep 02, 2020 11:54 pm

You are a star! Thank you ever so much!

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