28 days before and ILR

[HsmpFlr3]

Hi,
I m planning to apply for ILR under HSMP +Tier 1 (pre nov 2006) thro' PEO.
I entered UK on 25 Nov 2006.

I assume i can apply ON 28 Oct 2011 (Friday). Can someone please confirm it?

This date is *exactly* 28 days before completion of 5 years. I am not sure if i have to wait 1 more day or not. If so i can apply only on 31st (Monday).
I have some travel plans hence looking to apply on the earliest possible date but obviously do not want it to be rejected because i was early by 1 day!

Thanks in advance for your advice.

[HSMP2ILR]

Hi
What was your visa stamped date.
Five years calculation is based on first via stamped date, provided the first entry to uk is within 90 days of visa stamping.

[HsmpFlr3]

Five years calculation is based on first via stamped date, provided the first entry to uk is within 90 days of visa stamping

My visa stamping date is kind of irrelvant because i went for a 2nd extension.
Visa stamp: Sep 2006 (HSMP)
First entry Nov 25th 2006
First extension Aug 2008 (Tier 1 on JR)
Second extension Jun 2011. (HSMP (Tier 1) FLR on JR)
Validity until Jun 2013
I presume the 90 days rule will not apply for me since it is for people who dont have leave to remain and must apply for ILR before their leave expires. But because of 2nd extension i still have leave to remain.

So to reiterate the question, with first entry on Nov 25th 2006 - Can i apply *on* 28th October considering it is *exactly* 28 days before?

[mk357]

Five years calculation is based on first via stamped date, provided the first entry to uk is within 90 days of visa stamping

My visa stamping date is kind of irrelvant because i went for a 2nd extension.
Visa stamp: Sep 2006 (HSMP)
First entry Nov 25th 2006
First extension Aug 2008 (Tier 1 on JR)
Second extension Jun 2011. (HSMP (Tier 1) FLR on JR)
Validity until Jun 2013
I presume the 90 days rule will not apply for me since it is for people who dont have leave to remain and must apply for ILR before their leave expires. But because of 2nd extension i still have leave to remain.

So to reiterate the question, with first entry on Nov 25th 2006 - Can i apply *on* 28th October considering it is *exactly* 28 days before?

You are right about the 90 days discretion, it won't be for you. Your time would start from the date of your first arrival and not stamping of visa. IMO 28 of Oct should be fine, but if not in a great rush then go for the Monday appointment.

[a4anoop]

Five years calculation is based on first via stamped date, provided the first entry to uk is within 90 days of visa stamping

My visa stamping date is kind of irrelvant because i went for a 2nd extension.
Visa stamp: Sep 2006 (HSMP)
First entry Nov 25th 2006
First extension Aug 2008 (Tier 1 on JR)
Second extension Jun 2011. (HSMP (Tier 1) FLR on JR)
Validity until Jun 2013
I presume the 90 days rule will not apply for me since it is for people who dont have leave to remain and must apply for ILR before their leave expires. But because of 2nd extension i still have leave to remain.

So to reiterate the question, with first entry on Nov 25th 2006 - Can i apply *on* 28th October considering it is *exactly* 28 days before?

Hi HsmpFlr3,

No this is not releavant to what you have asked, but may benefit you...

looking into the dates for your various application, your case is quiet similar to mine, but i did not go for 3rd extension and I sent my passports for correction and they corrected my second visa extension date and that gives me the enough time of 5 years for qualifying period.

As you have already got it extended, the reason I am pointing this to you because as per the letter from BIA, they might refund you the applciation fees. See below the excerpt from their letter.

"Following our letter of 24 January 2011 we have received a number of requests for
correction, which we are now considering. We are continuing to correct those which fall
within the policy agreed in response to the Judicial Review and will consider refunding fees if
we find any unnecessary applications were made."

Cheers,
Anoop

[khalidmirza]

Hi,
I m planning to apply for ILR under HSMP +Tier 1 (pre nov 2006) thro' PEO.
I entered UK on 25 Nov 2006.

I assume i can apply ON 28 Oct 2011 (Friday). Can someone please confirm it?

This date is *exactly* 28 days before completion of 5 years. I am not sure if i have to wait 1 more day or not. If so i can apply only on 31st (Monday).
I have some travel plans hence looking to apply on the earliest possible date but obviously do not want it to be rejected because i was early by 1 day!

Thanks in advance for your advice.

In one of the case prepared by solicitor/oisc 28 days should include the date of application and visa expiry date. According to this earliest you can apply is on 29th Oct . Applying 28th means it is 29 days as oct is 31 days. other forum members can shed more light on this

[mastiger82]

Hi,
Yes you can book your peo appointment on the 28th October 2011 Friday.\

you can apply exactly 28 days before the 5 years qulifying rule.

Do not count the Friday 28th October but count the 25th Nov 11.

I hope this will clarify.

or use below link to work it byyourself.

http://www.timeanddate.com/date/dateadd ... &ad=28&aw=

[HsmpFlr3]

On googleing, following link shows a request made to UKBA by someone and UKBA's response:
http://www.whatdotheyknow.com/request/h ... est_possib

After snipping for brevity, the question goes as

If (for example) a work permit holder is completing the qualifying period
on 30th April 2010. If to subtract 28 days from 30th April 2010, it gives
2nd April 2010. Can a work permit holder apply on 2nd April 2010? Or it should be on 3rd April 2010 the earliest?

And here is UKBA's response to this person

With regard to your example an application could be made on 2 April as
this is not more than 28 days before you are due to complete the
required period.

Do members think i can take this on face value and if I entered on 25th Nov 2006, i can apply ON 28 Oct 2011?

I know an extra 1 day wait sounds silly, but the next date is 31st Oct - and i am desperate to travel later in the month (and book tickets). If its permissible to apply on 28th Oct, i dont want to give up that opportunity.