when i may apply for ILR

mrashid10249 · Post by **mrashid10249** » Fri Dec 14, 2012 10:28 am

Dear Members

i have a question. please applogise if its been answered before, as i could not be in touch with the forum since long.

Actually,I got HSMP visa on 02 April 2008 & entered UK on 11th May 2008 on HSMP visa, then got extension in my visa in 2010 till may 2013. now i have to apply for ILR. my question is on which date i will be eligible to apply? i entered UK within 90 days of visa approval. will i be eligible 28 days before my entry clearance date i.e around 10th march 2013 or 28 days before completion of 5 years i.e around 15 April plz?

i would be highly obliged if any senior member could advise plz

ItsEd · Post by **ItsEd** » Fri Dec 14, 2012 10:55 am

Hi,
This question has been answered several times. More related questions are covered under this sticky thread

http://www.immigrationboards.com/viewtopic.php?t=79378

mrashid10249 · Post by **mrashid10249** » Fri Dec 14, 2012 11:36 am

Dear ItsEd

Thats the confusion actually, as i have read some posts stating 28 days before date of 5 years completion, but some posts indicate 28 days before entry clearance date if you entered within 90 days. in my case, i entered within 90 days anyway. so i need clarification plz?

many thanks

cs95tdg · Post by **cs95tdg** » Fri Dec 14, 2012 11:43 am

mrashid10249 wrote:i have read some posts stating 28 days before date of 5 years completion, but some posts indicate 28 days before entry clearance date if you entered within 90 days. in my case, i entered within 90 days anyway.

If you entered the UK within 3 months of EC and did not switch immigration categories during that time (E.g. WP to Tier 1) then you will be eligible to apply for ILR upto 28 days before the 5th anniversary from your EC date.

mrashid10249 · Post by **mrashid10249** » Fri Dec 14, 2012 11:50 am

Dear cs95tdg
Thank you very much for prompt reply. thats what i was actually confirming. could you plz quote the link if it is in UKBA guidance anywhere plz?

cs95tdg · Post by **cs95tdg** » Fri Dec 14, 2012 12:17 pm

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

Note that this guidance has been updated on 13 Dec 2012. Page 13 now had the following clause which refers to my previous response.

The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence.

mrashid10249 · Post by **mrashid10249** » Sat Dec 15, 2012 8:35 am

Dear cs95tdg

thank you soo much for updating me. i ve read the guidance thoroughly, but could not find that in new updated version of guidance. could you plz advise, whether that provision of application of within days of entry clearance if you are in UK within 90 days still valid plz? i ll be highly obliged for that.

i have another question, does single person discount in council tax count as a council tax benefit?

many thanks for your coopration and valued time

mrashid10249 · Post by **mrashid10249** » Sat Dec 15, 2012 10:41 am

anybody could help plz

mrashid10249 · Post by **mrashid10249** » Sat Dec 15, 2012 3:46 pm

hello?

sh1981 · Post by **sh1981** » Thu Dec 20, 2012 2:26 pm

mrashid10249 wrote:Dear Members

i have a question. please applogise if its been answered before, as i could not be in touch with the forum since long.

Actually,I got HSMP visa on 02 April 2008 & entered UK on 11th May 2008 on HSMP visa, then got extension in my visa in 2010 till may 2013. now i have to apply for ILR. my question is on which date i will be eligible to apply? i entered UK within 90 days of visa approval. will i be eligible 28 days before my entry clearance date i.e around 10th march 2013 or 28 days before completion of 5 years i.e around 15 April plz?

i would be highly obliged if any senior member could advise plz

within 28 days of visa expiry

cs95tdg · Post by **cs95tdg** » Thu Dec 20, 2012 2:37 pm

mrashid10249 wrote:Dear cs95tdg

thank you soo much for updating me. i ve read the guidance thoroughly, but could not find that in new updated version of guidance. could you plz advise, whether that provision of application of within days of entry clearance if you are in UK within 90 days still valid plz? i ll be highly obliged for that.

My previous response below was the answer to this question. Short answer is "yes", if you first entered the UK within 90 days of EC.

cs95tdg wrote:http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Note that this guidance has been updated on 13 Dec 2012. Page 13 now had the following clause which refers to my previous response.

The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence.

mrashid10249 wrote:i have another question, does single person discount in council tax count as a council tax benefit?

No, it does not.

t0mmy · Post by **t0mmy** » Thu Dec 20, 2012 2:48 pm

cs95tdg wrote:
mrashid10249 wrote:i have read some posts stating 28 days before date of 5 years completion, but some posts indicate 28 days before entry clearance date if you entered within 90 days. in my case, i entered within 90 days anyway.
If you entered the UK within 3 months of EC and did not switch immigration categories during that time (E.g. WP to Tier 1) then you will be eligible to apply for ILR upto 28 days before the 5th anniversary from your EC date.

cs95tdg: Your reply has confused me a bit. Can you please advise that switching from WP to Tier 1 general doesn't affect the 28 days rule.

WP stamped in UK on 24 Jan 2008. I was already in UK.
Tier 1 G granted in September 2008.
Tier 1 extended in July 2011.
Can I apply for ILR on 28 December 2012?

Thanks.

cs95tdg · Post by **cs95tdg** » Thu Dec 20, 2012 3:03 pm

t0mmy wrote:
cs95tdg wrote:
mrashid10249 wrote:i have read some posts stating 28 days before date of 5 years completion, but some posts indicate 28 days before entry clearance date if you entered within 90 days. in my case, i entered within 90 days anyway.
If you entered the UK within 3 months of EC and did not switch immigration categories during that time (E.g. WP to Tier 1) then you will be eligible to apply for ILR upto 28 days before the 5th anniversary from your EC date.
cs95tdg: Your reply has confused me a bit. Can you please advise that switching from WP to Tier 1 general doesn't affect the 28 days rule.

WP stamped in UK on 24 Jan 2008. I was already in UK.
Tier 1 G granted in September 2008.
Tier 1 extended in July 2011.
Can I apply for ILR on 28 December 2012?

Thanks.

I see how it may appear a bit confusing if you were already in the UK when your WP was issued/stamped & you subsequently switched immigration categoies to T1G.

What I mean't is if you got EC as a WP Holder and then switched immigration categories to T1G in-country, then you would not be able to count the time between WP EC & Date of Entry towards your 5 year residence.

This does not apply to you, as you were already in the UK when you obtained your WP. Hope this clears up the confusion.

t0mmy · Post by **t0mmy** » Thu Dec 20, 2012 3:24 pm

Thanks cs95tdg. As I have an appointment on 31 December(in a few days) for ILR and wondered whether I really do qualify after reading the post.

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