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ILR eligibility date, first entry > 90 days from EC

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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sts96508
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ILR eligibility date, first entry > 90 days from EC

Post by sts96508 » Sat Jun 01, 2013 10:32 pm

Reading the FAQ it appears that one will be eligible to apply for ILR 28 days before 5 year completion date from date of entry(where date of entry greater than 90 days from EC date).

Does this mean that if current leave to remain ends in this 28 day window, but is not enough to cover full five years, ILR can still be granted if applied for before current leave to remain ends ?

I will be 4 days short of 5 years at end of leave to remain, so interested to know if applying for ILR in last 28 day window will suffice.

Thanks

sts96508
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Re: ILR eligibility date, first entry > 90 days from EC

Post by sts96508 » Mon Jun 03, 2013 1:42 pm

anybody ?

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Re: ILR eligibility date, first entry > 90 days from EC

Post by Amber » Mon Jun 03, 2013 3:02 pm

sts96508 wrote:anybody ?
You can apply from 28 days before you satisfy the 5 years requirement. As long as you have valid leave to remain when you apply that's fine.
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sts96508
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Re: ILR eligibility date, first entry > 90 days from EC

Post by sts96508 » Mon Jun 03, 2013 3:13 pm

D4109125 wrote:
sts96508 wrote:anybody ?
You can apply from 28 days before you satisfy the 5 years requirement. As long as you have valid leave to remain when you apply that's fine.
Thanks very much!

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Post by Amber » Wed Oct 02, 2013 3:13 pm

sts96508 wrote:FAQ on this website says:

Q4 - What is the earliest day I can apply for ILR?
Unless the 3-month entry concession is applicable (Q5), one can apply no earlier than 28 days before the 4th (HSMP before 03-Apr-06) / 5th (other economic migrants) anniversary of either date of entry in the UK (overseas applications) or date of switching (in-country applications) as a economic migrant in a category that leads to settlement. In all cases, one must apply for ILR or for another visa before expiry of current visa.
Use the date calculator to ascertain the "28 days window".

Do we need to subtract 28 days from 5 year completion date to get the earliest day someone can apply for ILR ?

Eg. : Subtract 28 days from 20-Sep-2015 : Result: 23-Aug-2015.

So applying on 23-Aug-2015 is okay?

Or does the 28 days window start from 24-Aug-2015.

Friend of mine will complete 5 years on 20-Sep-2015, but has current leave to remain till 23-Aug-2015 only. So every day counts.

Thanks in anticipation
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Post by Amber » Wed Oct 02, 2013 3:14 pm

If he enetered the UK within 90 days of his EC then he can apply from 28 days before EC + 5 years.
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sts96508
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Post by sts96508 » Wed Oct 02, 2013 3:28 pm

D4109125 wrote:If he enetered the UK within 90 days of his EC then he can apply from 28 days before EC + 5 years.
Thanks D41019125 for the reply.

What I am after is how to work out the '28 days before' part in the website referred to in the FAQ(timeanddate.com)

If EC + 5 years is 20-Sep-2015, then does the last 28 days start on 23-Aug-2015 ?

Subtract 28 days from 20-Sep-2015 on timeanddate.com : Result: 23-Aug-2015.

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Post by Amber » Wed Oct 02, 2013 3:30 pm

Yes.
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sts96508
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Post by sts96508 » Wed Oct 02, 2013 3:35 pm

D4109125 wrote:Yes.
Thanks very much.

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