Entry Date or visa stamping date

[nm]

Hi,

I am having a doubt about my 28 days calculation after seeing many topics here. There are different views and thoughts shared by members,I just wanted to clarify my stand as well.

Can you suggest which date should I take for 28 days calculation based on the below ?

Visa stamped -28-Aug-2008
Date of Entry- 07-Sep-2008

Later a year, i have changed to Tier1 and now i am in Tier1. I am planning to apply my ILR on August 2013 though my current tier1 visa valid till May 2014.

It would be great if someone helps clarify this.

[Lucapooka]

Your leave extends well beyond a cumulative five years so you can't use the late entry concession to bridge a gap (using the date of issue). Therefore, the date of entry is the start of your residence period and you may apply for ILR 28 days ahead of that date.

[Kevin24]

Hi,

I am having a doubt about my 28 days calculation after seeing many topics here. There are different views and thoughts shared by members,I just wanted to clarify my stand as well.

Can you suggest which date should I take for 28 days calculation based on the below ?

Visa stamped -28-Aug-2008
Date of Entry- 07-Sep-2008

Later a year, i have changed to Tier1 and now i am in Tier1. I am planning to apply my ILR on August 2013 though my current tier1 visa valid till May 2014.

It would be great if someone helps clarify this.

You count your 5 years from 28th August 2008. If your Visa expires on 28/08/2013,then 28 days before that date.

[apahuja]

Rule is : If the period between EC and Date of entry is less than 90 days than you can apply 28 days before EC date(visa issue date). so i think you should be fine. And just to confirm you that I have clarified this at so many places now

also read: http://www.immigrationboards.com/viewto ... 992#816992 for similar discussion

[Kevin24]

Rule is : If the period between EC and Date of entry is less than 90 days than you can apply 28 days before EC date(visa issue date). so i think you should be fine. And just to confirm you that I have clarified this at so many places now

also read: http://www.immigrationboards.com/viewto ... 992#816992 for similar discussion

Thank you for pointing out that. Members with out reading the similar threads or FAQs ,but post blindly.

[sheraz7]

Rule is : If the period between EC and Date of entry is less than 90 days than you can apply 28 days before EC date(visa issue date). so i think you should be fine. And just to confirm you that I have clarified this at so many places now

also read: http://www.immigrationboards.com/viewto ... 992#816992 for similar discussion

yes its correct

[tanvirni]

Your leave extends well beyond a cumulative five years so you can't use the late entry concession to bridge a gap (using the date of issue). Therefore, the date of entry is the start of your residence period and you may apply for ILR 28 days ahead of that date.

Dear Lucapooka,
Are you agree with others?

[[iD]]

Read the following snippet from Page 11 of Guidance –ILR – calculating continuous period in the UK

Code: Select all

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.

[/color]

[tanvirni]

Thank you all for clarifying this.

Everyone may become confused like me when we read the FAQs

Q3 - When does my ILR qualifying period start?
There are two scenarios. One is that ILR qualifying visa (e.g. Work Permit, Tier 1, HSMP, etc) was obtained by switching into that category from another visa whilst still in UK. Second is that ILR qualifying visa was obtained out of country. For first case ILR clock starts from the day the passport was stamped with that visa. For second case ILR clock starts from the day when applicant first entered UK on that qualifying visa. E.g. If someone got Tier 1 visa from out of UK on 1st February 2006 and entered the UK for first time on 20th February 2006, then ILR clock starts from 20th February 2006.

[[iD]]

Thank you all for clarifying this.

Everyone may become confused like me when we read the FAQs

Q3 - When does my ILR qualifying period start?
There are two scenarios. One is that ILR qualifying visa (e.g. Work Permit, Tier 1, HSMP, etc) was obtained by switching into that category from another visa whilst still in UK. Second is that ILR qualifying visa was obtained out of country.

For first case ILR clock starts from the day the passport was stamped with that visa.

For second case ILR clock starts from the day when applicant first entered UK on that qualifying visa. E.g. If someone got Tier 1 visa from out of UK on 1st February 2006 and entered the UK for first time on 20th February 2006, then ILR clock starts from 20th February 2006.

And how on earth would the first case scenario fit in the snippet I pasted above?
You need to stop thinking and just concentrate on the rule I pasted in my previous post.

If you first got the EC and came to UK within 90 days of that EC then you can count the days.
IF you applied within UK then your clock starts on the day you got the FLR.
Also, switching from HSMP to Tier 1 is more like extending and in that case 5 years clock starts from HSMP date (again follow the rule)

[nm]

Thank you all for clarifying this.

Everyone may become confused like me when we read the FAQs

Q3 - When does my ILR qualifying period start?
There are two scenarios. One is that ILR qualifying visa (e.g. Work Permit, Tier 1, HSMP, etc) was obtained by switching into that category from another visa whilst still in UK. Second is that ILR qualifying visa was obtained out of country.

For first case ILR clock starts from the day the passport was stamped with that visa.

For second case ILR clock starts from the day when applicant first entered UK on that qualifying visa. E.g. If someone got Tier 1 visa from out of UK on 1st February 2006 and entered the UK for first time on 20th February 2006, then ILR clock starts from 20th February 2006.

And how on earth would the first case scenario fit in the snippet I pasted above?
You need to stop thinking and just concentrate on the rule I pasted in my previous post.

If you first got the EC and came to UK within 90 days of that EC then you can count the days.
IF you applied within UK then your clock starts on the day you got the FLR.
Also, switching from HSMP to Tier 1 is more like extending and in that case 5 years clock starts from HSMP date (again follow the rule)

Hi,

Thanks very much for your clarity, initial travel on WP also count the EC days ?

[[iD]]

Hi,

Thanks very much for your clarity, initial travel on WP also count the EC days ?

Not sure if I fully understand the question tbh. What do you mean?

[nm]

Hi,

Thanks very much for your clarity, initial travel on WP also count the EC days ?

Not sure if I fully understand the question tbh. What do you mean?

Sorry Mate , I should have made it more clear. you mean the rule apply for people who came on WP initially and changed to differnet visa and they still can take the EC date

[mrnaidu]

Hi,

I am having a doubt about my 28 days calculation after seeing many topics here. There are different views and thoughts shared by members,I just wanted to clarify my stand as well.

Can you suggest which date should I take for 28 days calculation based on the below ?

Visa stamped -28-Aug-2008
Date of Entry- 07-Sep-2008

Later a year, i have changed to Tier1 and now i am in Tier1. I am planning to apply my ILR on August 2013 though my current tier1 visa valid till May 2014.

It would be great if someone helps clarify this.

Hi nm,

I am on same boat,

Workpermit Stamp date 30/06/2008 (EC date)
UK Entered 17/08/2008 ( 47days travel delay from EC date)
Switched to Tier 1 on 27/07/2010 and due to expire 04/12/2015

Based on my Workpermit Stamp date i complete 5 years by 30/06/2013
And with 28 days prior to this data I am thinking to go by 05/06/2013

I hope we both should be fine,
Any one feel i am doing wrong please shout

Thanks

[[iD]]

Hi,

Thanks very much for your clarity, initial travel on WP also count the EC days ?

Not sure if I fully understand the question tbh. What do you mean?

Sorry Mate , I should have made it more clear. you mean the rule apply for people who came on WP initially and changed to differnet visa and they still can take the EC date

This rule applies to both who came originally on HSMP, Tier 1 or WP/T2 and switched/extended to any of these categories. Basically to any time spend in the country on a visa that leads towards settlement.

[[iD]]

Hi nm,

I am on same boat,

Workpermit Stamp date 30/06/2008 (EC date)
UK Entered 17/08/2008 ( 47days travel delay from EC date)
Switched to Tier 1 on 27/07/2010 and due to expire 04/12/2015

Based on my Workpermit Stamp date i complete 5 years by 30/06/2013
And with 28 days prior to this data I am thinking to go by 05/06/2013

I hope we both should be fine,
Any one feel i am doing wrong please shout

Thanks

You're right, your 5 years start from your EC stamp date as you arrived in the UK within 90 days.

[mrnaidu]

Hi nm,

I am on same boat,

Workpermit Stamp date 30/06/2008 (EC date)
UK Entered 17/08/2008 ( 47days travel delay from EC date)
Switched to Tier 1 on 27/07/2010 and due to expire 04/12/2015

Based on my Workpermit Stamp date i complete 5 years by 30/06/2013
And with 28 days prior to this data I am thinking to go by 05/06/2013

I hope we both should be fine,
Any one feel i am doing wrong please shout

Thanks

You're right, your 5 years start from your EC stamp date as you arrived in the UK within 90 days.

Thank you very much iD,

Now i can sleep peacefuly

[sheraz7]

Rule is : If the period between EC and Date of entry is less than 90 days than you can apply 28 days before EC date(visa issue date). so i think you should be fine. And just to confirm you that I have clarified this at so many places now

also read: http://www.immigrationboards.com/viewto ... 992#816992 for similar discussion

yes its correct

[nm]

Hi,

I am having a doubt about my 28 days calculation after seeing many topics here. There are different views and thoughts shared by members,I just wanted to clarify my stand as well.

Can you suggest which date should I take for 28 days calculation based on the below ?

Visa stamped -28-Aug-2008
Date of Entry- 07-Sep-2008

Later a year, i have changed to Tier1 and now i am in Tier1. I am planning to apply my ILR on August 2013 though my current tier1 visa valid till May 2014.

It would be great if someone helps clarify this.

Hi

Thanks everyone for making this clarified, I have few other question to ask , appreciated the help of others

Since my visa stamping date on 28-Aug-2008, my 5 year completion happens on 27-Aug-2013

Consider 27-Aug-2013 is the 5 year completion date, I can apply 28 days earlier in advance, Hence, I am eligible to apply from 30 July 2008.

Could someone helps clarify me on this ? I have my current visa valid till May 2014.

[nm]

Hi nm,

I am on same boat,

Workpermit Stamp date 30/06/2008 (EC date)
UK Entered 17/08/2008 ( 47days travel delay from EC date)
Switched to Tier 1 on 27/07/2010 and due to expire 04/12/2015

Based on my Workpermit Stamp date i complete 5 years by 30/06/2013
And with 28 days prior to this data I am thinking to go by 05/06/2013

I hope we both should be fine,
Any one feel i am doing wrong please shout

Thanks

You're right, your 5 years start from your EC stamp date as you arrived in the UK within 90 days.

Thank you very much iD,

Now i can sleep peacefuly

Hi mrnaidu,

Have you applied your ILR and whats the outcome ? It would be help others if you can share your experience.

[dminus]

Read the following snippet from Page 11 of Guidance –ILR – calculating continuous period in the UK

Code: Select all

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.

[/color]

Just to play a devil’s advocate here: Is it possible that many people in this board interpreted this statement as permission to count the days from the entry clearance? But a very different possible interpreting of the intend of this statement can be that it only applied to absences, and that is why is currently included in the UKBA documents about absences, not the main set of instructions. For example, the statement can be read as the following: “There are circumstances when a case worker counts the days since the entry clearance according to his/her discretion or some other rules. In that case those day’s don’t count as absence.” Note, this does not in any way mean that those days between the clearance and entering the country are counted AUTOMATICALLY (given for granted), without considering other factors, such as not being able to finish qualifying period before current leave expires. The earlier discussions came exactly to that conclusions:

http://www.immigrationboards.com/viewto ... 0d916bc1a5
“True. If you are with in visa expiry limit, then the concession available of travelling within 90 days does not apply. It is still discretionary and case worker can comfortably refuse you citing the date as 22 May to apply as you will still have leave to remain”

Also, the current FAQ still maintains the opposite opinion on this:
http://www.immigrationboards.com/viewto ... 6eac3ce8d7

“There are two scenarios. One is that ILR qualifying visa (e.g. Work Permit, Tier 1, HSMP, etc) was obtained by switching into that category from another visa whilst still in UK. Second is that ILR qualifying visa was obtained out of country. For first case ILR clock starts from the day the passport was stamped with that visa. For second case ILR clock starts from the day when applicant first entered UK on that qualifying visa. E.g. If someone got Tier 1 visa from out of UK on 1st February 2006 and entered the UK for first time on 20th February 2006, then ILR clock starts from 20th February 2006.”