ILR application - visa expiry date

[holmes555]

Hi members,
I am a 5 year work permit holder and due for ILR this year. I have a doubt regarding the expiry date of my current visa. Here are the details:
Visa type- 5 year work permit
Visa issue date as printed on visa - 22/08/2007
Visa expiry date as printed on visa - 22/08/2012
Date of entry into UK- 18/09/2007

My questions are:
1. which date to consider as the visa expiry date i.e 22/08/2012 (as printed on visa) or 18/09/2012 (5 years from the date of entry into UK)?
2. Depending on the answer to question 1 above, which is the latest date I can apply for my ILR?

Many thanks

[imran22]

Expiry date is always what is printed on the visa. You can apply 28 days before expiry.

[asim72]

Yes, expiry date is what is printed on the visa.
But you can only apply 28 days before your residential qualiffying period ends. ie your can only apply 5 years (minus 28 days) from the date you arrived in UK.

So, you had 28 days to play with, but you lost 26 days out of this because you arrived 26 days after your visa was stamped.

So, you can only apply on 21/08/12 or 22/08/12.
If you apply earlier that this, it will be too early. And if you apply later than this, then your visa would have expired and result in a refusal.

If you cannot get appointment for these two days, I would suggest apply by post, send it on 21/08/12 by recorded delivery and keep the receipt safe.


: There is another 90 days entry grace period rule, but I am not sure if its applicable in your case or not. But if you apply on the dates I have mentioned, you won't have problems.

[holmes555]

Thanks all for your inputs.
I am however a bit more confused now. Does this imply that a person only has 28 days to arrive in the UK after the visa is issued?
What would have happened had I arrived in the UK later than 22/08/2007 + 28 days say on 25/09/2007?

[asim72]

Whats the point in pondering over what would have happened if you arrived on such and such date etc etc.

Best way is just to address your situation and apply for your ILR when it needs to be applied.

[holmes555]

@asim72
I didn't mean to argue against what you've stated. I am sorry if my post sounded so. I only wish to understand the logic and rule properly as it stands at the moment.
Surely, it cannot be assumed that a person will land into UK immediately on the day the visa is issued. There will always be a time lag. Basically below is what I am tring to understand:
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.

The above excerpt has been taken from the home office document at the below link:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Thanks again for your time and help.

[asim72]

I did not mean that you were arguing. I just said what i said so that you are just focused on your matter and not digging deep into every immigration intricacy.

Yes, you have found the correct link. I was on about this 90 days grace period rule. I wasn't sure if its applicable to every applicant or just PBS based applications.

So based on this, you can count your residence from the date your visa was granted, and then minus 28 days from it.

[holmes555]

Thank you everybody.
As per asim72 's suggestion, I will prepare myself to apply between 25th July 2012 and 21st Aug 2012. Hope I've got it correct.

Thanks again.