Yet another late entry ILR eligibility query.

[hsmphsmp]

My HSMP visa stamped (EC) start date - 27-Dec2007
Entered UK on 25-Jan2008
Tier 1 extension from 27Dec2009 granted till 27Dec2012.

I know many people have already discussed in the forum about late entry and many have even successfully got ILR due to late

entry. But there is grey area (also discussed in this forum) where if a person entered UK late (but within a month after the EC date) but will still be eligible for ILR before their current leave expires. Usually their window of when they can apply will shrink more if they had arrived nearer to the 1 month from EC date. And I am not sure if the rules are very clear for such people to take advantage of the 3 month concession rule ([url]http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary[/url]) if they arrived late but within 1 month of EC date.

I want to make sure I am not falling in this grey area. Now clearly I have arrived 28 days later than my EC date. If I calculate my 5 year anniversary from UK entry date (25Jan2008), I qualify to apply from 28 days before 25Jan2013, i.e., 29th of Dec2012 which will be after my current leave expiry date (27Dec2012). So I cannot do this, since it is illegal to apply after the current leave expiry. In which case I have to make use of the 3 month concession rule (late entry to uk, but within 3 months of EC date), start my 5 year calculation from EC date and apply 28 days before my current leave expires i.e., 30 Nov 2012.

I wish to apply in person (as I cannot bear to wait and hear the decision 3 months later if I apply by post!). There is lot of money at stake for me. I need to spend £2700~ (me + wife + kid) and if I fail to get ILR another £3000~ to get my tier 1 extended again!. So please correct me if I have got my calculation wrong (probably bit paranoid).

Browsing this forum, I found people talking endless possibilities of how the ILR period is calculated (and here I contributed one myself!). Sometimes I wonder if UKBA has provided some sort of ILR eligibility calculator like the PBS calculator. But good for lawyers/solicitors who can keep interpreting the law for different possibilities.

Thank you for any replies in advance.

[zahid.ali.anwar]

In any case, if you have arrived WITH IN 90 days of your entry clearance date. Your ILR eligibility start date will be 28 days before 5th anniversary of your Entery Clearance date.

The guidence didn't mentioned two criteria. There is just one criteria... 90 day.

So you are eligible to apply for ILR 28 days before 27 Dec 2012.

I hope it is clear now.

[hsmphsmp]

Thanks Zahid for your reply.

Very comforting to know that I haven't misunderstood the rule.

But this may imply that any one who arrived within 3 months of EC date, can simply apply for ILR 28 days before their 5th anniversary of EC date. 5 year calculation based on first entry date probably never applies.

[GG2011]

It's not a grey area at all, just saves us and UKBA from the flood of FLR applications needed to extend by a few months before applying for ILR.

[Tier1toILR]

hi hsmphsmp,

Did you finally applied 28 days before EC Date or Date of Entry?

Can you confirm please?

Thanks.