28 Days Confusion for PEO

[azmi007]

Hi All,

I am on HSMP and completing 5yrs soon

Visa granted 22nd June 2007

Entry 26th June 2012

Appointment Booked 29th May 2012

Will this be an issue? Please clear this for me!

Thanks in Advance!

[scrapper]

azami007 You will be fine. if you apply on 29th May, that is 27 days before the 5th annivarsary of your entry to UK. I don't see any problem.

Please share your PEO experience as it will help other candidates prepares for their appointments.

[azmi007]

That's releiving!

Many Thanks!

Will definitely feed this forum as it deserves...

[selva]

Hi All,

I am on HSMP and completing 5yrs soon

Visa granted 22nd June 2007

Entry 26th June 2012

Appointment Booked 29th May 2012

Will this be an issue? Please clear this for me!

Thanks in Advance!

you can apply on or after 29th May 2012. so you are on you 1st day of eligibility.

[azmi007]

Thanks Selva! Your a star!

[linkers]

You eligibility starts from 25th May 2007.

Basically according to the modernised guidance, if you enter the UK within 90 days of getting entry clearance, you are eligible to apply for ILR 28 days before the 5th anniversary of your EC date.

Which is in your case Friday, 25 May 2007.

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

You have booked it for 29th May which is perfectly fine.

[selva]

You eligibility starts from 25th May 2007.

Basically according to the modernised guidance, if you enter the UK within 90 days of getting entry clearance, you are eligible to apply for ILR 28 days before the 5th anniversary of your EC date.

Which is in your case Friday, 25 May 2007.

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

You have booked it for 29th May which is perfectly fine.

Hi Linkers,

90 day concession says

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.

question is whether azmi007 got sufficient leave to complete 5 years? if he does then he is eligible only from 29th.

In any case he is OK

Thanks
Selva

[linkers]

You are correct Selva. He can benefit from both rules. He can apply 28 days before the 5th anniversary of his UK arrival or 28 days before the 5th anniversary of his Entry Clearance date.

I would personally suggest he should apply 28 days before the 5th anniversary of his Entry Clearance.

I myself had enough leave and I could apply 28 days before the 5th anniversary of my entry to UK but I still applied 28 days before the 5th anniversary of my EC and I was granted ILR with no questions asked.

[selva]

You are correct Selva. He can benefit from both rules. He can apply 28 days before the 5th anniversary of his UK arrival or 28 days before the 5th anniversary of his Entry Clearance date.

I would personally suggest he should apply 28 days before the 5th anniversary of his Entry Clearance.

I myself had enough leave and I could apply 28 days before the 5th anniversary of my entry to UK but I still applied 28 days before the 5th anniversary of my EC and I was granted ILR with no questions asked.

Hi Linkers, Thanks for the information, It is good to hear that you have done that . Thanks

[azmi007]

Phew!...

Nice to hear am just there!

Hope the caseworker would see it the same way!

Anyways big thanks to all and hope this information will clear many doubts for others as well...