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Please confirm date to begin calculating five years' rsdncy

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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scaffolding
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Please confirm date to begin calculating five years' rsdncy

Post by scaffolding » Sat Feb 16, 2013 6:50 pm

Hi,

I'm applying for ILR next month and am curious about whether you see any flaws with these calculations in the five-year period that I have been a resident here in the UK. (And apologies in advance if this topic has been covered elsewhere.)

I received entry clearance under an HSMP visa on 18 Feb 2008.

I entered the UK 86 days later on 14 May 2008.

Before my HSMP visa expired on 18 Feb 2010 I applied for (and received) an additional three years, shifting to a Tier 1 visa that is due to expire on 31 March this year.

Even though I won't have technically been here for five years since I arrived in the UK on 14 May 2008, I believe I can claim for the five years from the date of my initial entry clearance date of 18 Feb, correct?

I'm basing this on guidance on pages 9-11 in this document - http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The key paragraph is this one from page 11:
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.


Because the period between my entry clearance and arrival is less than 90 days, my five-year period would have started on 19 Feb 2008 and in just a few days I will have reached the five-year point, correct?

Thank you,
Michael

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