Eligibility date for applying for ILR - SET(O)

[avatar2010]

Dear Friends,

Please advise on my case. Details are :-

1) I am currently in UK on Tier 1 (General) since July 2008. I entered UK on 09th July 2008 ( My visa was stamped on 22nd April 2008 ). My wife entered country in Aug 2008. Her visa has same validity as mine as she is dependent on me.
2) My current visa expires on 22nd April 2013. This is the expiry of my 2nd Tier 1 extension
3) I will be applying in April 2013 for ILR, considering the special case when one entered UK within 90 days of visa stamping. In my case I entered the country on 09th July 2008( in my case 90 days since visa stamping of 22nd April 2008 would have been around 21st July 2008)

I think, I become eligible to apply for ILR (Set O ) anytime after 9th April 2013. Please correct me if wrong. However, I am not clear if the 28 days eligibility criteria also applies in my case. As UKBA says that One can apply 28 days before he/she becomes eligible to apply for ILR /extension.

Please suggest if I should apply only after 9th April 2013 or can also apply 28 days before 9th April considering the eligibility criteria. I am not sure about it. If I also apply 28 days in advance then how would the caseworker consider the 90 days period since stamping?

If anyone has applied in similar circumstances, please provide the details and the outcome as well (with dates would help) . Much appreciate your help

Thanks in advance for your help !

[uksettlement]

All the issues raised by you have been discussed at length on this forum. Please have a look at the other threads and get back if you still have questions.

[avatar2010]

All the issues raised by you have been discussed at length on this forum. Please have a look at the other threads and get back if you still have questions.

Thanks, would you have any previous threads handy? I am trying to search and read through but haven't got a clear picture yet.

Could you please suggest on my case or provide a similar experience if you are aware?

Thank you very much !

[uksettlement]

All the issues raised by you have been discussed at length on this forum. Please have a look at the other threads and get back if you still have questions.

Thanks, would you have any previous threads handy? I am trying to search and read through but haven't got a clear picture yet.

Could you please suggest on my case or provide a similar experience if you are aware?

Thank you very much !

Since you entered within 90 days of your entry clearance, you can use the EC date to calculate the 5 years.

Hence, you qualify for application on 22nd April.

You can apply 28 days before qualification hence you can apply anytime from 26th march upto 22nd April and don't need 2nd extension.

[avatar2010]

All the issues raised by you have been discussed at length on this forum. Please have a look at the other threads and get back if you still have questions.

Thanks, would you have any previous threads handy? I am trying to search and read through but haven't got a clear picture yet.

Could you please suggest on my case or provide a similar experience if you are aware?

Thank you very much !

Since you entered within 90 days of your entry clearance, you can use the EC date to calculate the 5 years.

Hence, you qualify for application on 22nd April.

You can apply 28 days before qualification hence you can apply anytime from 26th march upto 22nd April and don't need 2nd extension.

Thank you so much ! Appreciate your reply.

[msvayani]

Hi
just want to confirm if this 90 days rule is applicable for ILR (10 years long term residency as well) for example in my case

1. Entry Clearance 2nd Sep 2003 therefore eligible for ILR on or after 5th Aug 2013??

or

2. Entered in UK on 5th Oct 2003 so eligible for ILR on 7th of Sep 2013??

Please advice which one is correct 1 or 2.

Regards
MSV

[msvayani]

Hi
just want to confirm if this 90 days rule is applicable for ILR (10 years long term residency as well) for example in my case

1. Entry Clearance 2nd Sep 2003 therefore eligible for ILR on or after 5th Aug 2013??

or

2. Entered in UK on 5th Oct 2003 so eligible for ILR on 7th of Sep 2013??

Please advice which one is correct 1 or 2.

Regards
MSV

[cs95tdg]

just want to confirm if this 90 days rule is applicable for ILR (10 years long term residency as well)

No, your residency starts from the date of first entry, when applying under the long residence route. I believe the same question has been raised in post just before yours. http://www.immigrationboards.com/viewtopic.php?t=125275

[msvayani]

Thanks for information.

[gabby]

All the issues raised by you have been discussed at length on this forum. Please have a look at the other threads and get back if you still have questions.

Thanks, would you have any previous threads handy? I am trying to search and read through but haven't got a clear picture yet.

Could you please suggest on my case or provide a similar experience if you are aware?

Thank you very much !

Since you entered within 90 days of your entry clearance, you can use the EC date to calculate the 5 years.

Hence, you qualify for application on 22nd April.

You can apply 28 days before qualification hence you can apply anytime from 26th march upto 22nd April and don't need 2nd extension.

A question for uksettlement:
In Avatar2010's case is the eligibility date from 26th and not 25th march? I thought its 28 days before expiry, meaning expiry date not inclusive as part of the 28 days.

[avatar2010]

All the issues raised by you have been discussed at length on this forum. Please have a look at the other threads and get back if you still have questions.

Thanks, would you have any previous threads handy? I am trying to search and read through but haven't got a clear picture yet.

Could you please suggest on my case or provide a similar experience if you are aware?

Thank you very much !

Since you entered within 90 days of your entry clearance, you can use the EC date to calculate the 5 years.

Hence, you qualify for application on 22nd April.

You can apply 28 days before qualification hence you can apply anytime from 26th march upto 22nd April and don't need 2nd extension.

In my case, since my wife entered after 90 days of EC, will she be eligible to apply for ILR with me? Should each dependent qualify independently for ILR for the 5 yrs continuous period? If so, then I guess she can not apply with me . Please clarify and suggest how and when should she apply for ILR ? (She entered in UK on 28/07/2008, visa stamped from 22/04/2008)