Earliest date to apply for ILR

[imranilr2012]

Please if somebody can help me. I came to UK almost 2.5 month late i.e on 24 Nov 2007.

My initial HSMP (15 Sep 2007 - 15 Sep 2009)
Tier1 Ext(15 Sep 2009- 15 Sep 2012).

It is almost 76 days late entry.
Please if you confirm, what earliest date i should be looking to apply for ILR. I have read the news that home office gave a margin of 90 days now.

Thanks in advance

[nnj10]

That is true.
You can apply 28 days before your current leave expires on 15/09/12.

[imranilr2012]

Thanks for your reply, hence subtracting 28 days from 15th sep 2012 gives me 18th Aug 2012 as my qualifying date. But, somewhere in the forum I found that my earliest date would be: my first entry date - 90 days which is equivalent to 24 Aug 2012. This is only because of late entry. Please can anybody confirm if this is correct? or i can apply from 18th Aug 2012?

[imranilr2012]

please if anybody can reply?

[linkers]

imranilr2012, in your case, you can apply 28 days before the 5th anniversary of your entry clearance (as the law was changed last year and the CW can now consider the entry clearance for the purpose of continues residence if the gap between entry clearance and date of entry is less than 90 days).

The gap between entry clearance and date of entry to UK in your case is clearly less than 90 days, so you can apply 28 days before 15 Sep 2012.

The reason this discretion was introduced as number of people arrived a little late after getting entry clearance and their 5 years were completing after the expiry of their visas.

[imranilr2012]

Thanks Linker for your detailed response. I have read that rule for the 90 days flexibility. As if you read my post, i am in doubt between the dates, I should apply. So i should just subtract 28 days and the date from I can apply is 18th August not from 24th August? Sorry, I have read in the form somewhere, that the earliest date should be my late entry date - 90 days, which makes it 24th August not 18th August, Hope i have clarifed my question?

[sharjeelpk]

Here is my case,
I got HSMP from 3rd Jan 2008 to 3rd jan2010.
Got extention from 3rd Jan 2010 to 3rd jan 2013. In Tier 1

Entered 39 days after the visa start i-e 11th feb 2008
To cover few days late entry I applied another extention (Tier 1) till june 2013 as I applied very early. 1.5 year before my visa expiry date.

My question is, what is the earliest date I can apply for my ILR. If I consider my first extention which was till 3rd Jan 2013 (2 Yr HSMP + 3 Yr Tier 1) and keeping 28 days early application rule in mind , Can I apply in december this year

OR

shall I apply this early application rule on my physical entry in this country as I got visa till june 2013 because of my Tier 1 extention (2nd Ext ).

[linkers]

Sharjeelpk, since you have got a second extension and you now have long enough visa to cover 5 years easily, the rule imranilr2012 is talking about will not apply to you.

Your 5 years will complete on the 5th anniversary of your entry to UK. You can apply 28 days before that.

[linkers]

imranilr2012: yes you can apply 28 days before 15 Sep 2012, which would be 18th Aug 2012. But 18 Aug falls on Saturday, the earliest you can apply is 20th Aug 2012.