5 year rule- from visa stamp date or date of entry

smoothraj · Post by **smoothraj** » Thu Sep 12, 2013 11:20 pm

Hi Folks,
Quick query

The UK work permit stamp on my passport has "valid from " date of 10th October 2008 while I arrived in the UK using that work permit on the 11th Jan 2009.

Does the 5 year period clock start from date of entry in the UK (11th jan 2009)
OR
from the 'valid from" date on the work permit stamp?

Cheers,

Post by **vinny** » Fri Sep 13, 2013 12:07 am

Unfortunately, if the number of days between the effective date of entry clearance and date of entry is greater than 90 days, then the start date of the qualifying period for ILR is the date of entry.

DN0 · Post by **DN0** » Fri Sep 13, 2013 1:15 pm

Is this still true? My UK Ancestry Visa is valid from 28/10/08-28/10/13 but I arrived in the UK one month later than my valid from date on the 28/11/08. I am freaking out because I am not sure if I am eligible to apply for my ILR because of the 28 day rule. I would not have been in the UK for 5 years but a few days short of 5 years. Is there anything I can do for a few days temporary visa or some kind of special consideration?

I am also plagued because I am not sure if I am going to have to do an English test as the cut off is the 28/10/13 and I am an Australian national. It seems a pointless exercise but I want to get my ILR.

vinny
Moderator

Joined: 25 Sep 2007
Posts: 13657

PostPosted: Thu Sep 12, 2013 11:07 pm Post subject: Reply with quote
Unfortunately, if the number of days between the effective date of entry clearance and date of entry is greater than 90 days, then the start date of the qualifying period for ILR is the date of entry.

DN0 · Post by **DN0** » Fri Sep 13, 2013 1:16 pm

Is this still true? My UK Ancestry Visa is valid from 28/10/08-28/10/13 but I arrived in the UK one month later than my valid from date on the 28/11/08. I am freaking out because I am not sure if I am eligible to apply for my ILR because of the 28 day rule. I would not have been in the UK for 5 years but a few days short of 5 years. Is there anything I can do for a few days temporary visa or some kind of special consideration?

I am also plagued because I am not sure if I am going to have to do an English test as the cut off is the 28/10/13 and I am an Australian national. It seems a pointless exercise but I want to get my ILR.

vinny
Moderator

Joined: 25 Sep 2007
Posts: 13657

PostPosted: Thu Sep 12, 2013 11:07 pm Post subject: Reply with quote
Unfortunately, if the number of days between the effective date of entry clearance and date of entry is greater than 90 days, then the start date of the qualifying period for ILR is the date of entry.

Post by **Amber** » Fri Sep 13, 2013 2:31 pm

You can apply from 28 days before 28/10/13.

As you are Australian, you are exempt from the new requirement though you still need the Life in the UK test.

DN0 · Post by **DN0** » Sat Sep 14, 2013 7:18 am

D4109125 wrote:You can apply from 28 days before 28/10/13.

As you are Australian, you are exempt from the new requirement though you still need the Life in the UK test.

Thank you very much smoothraj! Can you direct me to the document that says that I don't have to do the English test please?

Post by **Amber** » Sat Sep 14, 2013 7:46 am

I'm Amber not Raj.

See here (click)

smoothraj · Post by **smoothraj** » Sat Sep 14, 2013 9:11 am

vinny wrote:Unfortunately, if the number of days between the effective date of entry clearance and date of entry is greater than 90 days, then the start date of the qualifying period for ILR is the date of entry.

Luckily I misread the date .. the valid from stamp date is 05.11.2008 and i arrived in the uk on 11.01.2009!

I qualify next month.... the rule i think says I can apply no earlier than 28 days before 5th November 2013. which is 8th October.

quick follow up question if I may:

My wife is on a tier-2 General dependent visa and she qualifies for ILR around end of December 2013 (as she completes 2 years as dependent on her current visa in UK).

Can she continue being on tier-2 dependent after 8th/9th October 2013 once I get my own ILR? Or would she have to apply for ILR dependent?

assuming she is allowed to continue being on tier-2 dependent, the for how long can she continue living in the UK before she is required to change categories (her own ILR of course)?

Post by **Amber** » Sat Sep 14, 2013 10:31 am

If you settle as a PBS applicant she can continue on her dep leave until it expires, she extends it or she settles.

DN0 · Post by **DN0** » Sat Sep 14, 2013 11:17 am

D4109125 wrote:I'm Amber not Raj.

See here (click)

Sorry Amber, I wasn't wearing my glasses! Thanks for your help!

smoothraj · Post by **smoothraj** » Mon Sep 16, 2013 1:05 pm

D4109125 wrote:If you settle as a PBS applicant she can continue on her dep leave until it expires, she extends it or she settles.

Dear D4109125,
I have just been informed by an immigration lawyer that I would have qualified on 9th October 2013 for ILR ONLY IF my current tier 2 General visa was expiring within 6 months from 9th October 2013.

My current tier-2 gen expire in May 2015.

I am getting contradictory advice by " experts": what rule applies to my case: here are the details again:
date of valid from date on first work permit: 05th November 2008.
date of actual entry on that work permit: 11th Jan 2009 (so entered UK within 90 days from date of work permit stamp)

current tier-2 general expirry date: May 2015.

Please advice.. Thank you!
[/img]

lunakick · Post by **lunakick** » Mon Sep 16, 2013 1:59 pm

DN0 wrote:
D4109125 wrote:You can apply from 28 days before 28/10/13.

As you are Australian, you are exempt from the new requirement though you still need the Life in the UK test.
Thank you very much smoothraj! Can you direct me to the document that says that I don't have to do the English test please?

http://www.ukba.homeoffice.gov.uk/polic ... 7/#header7
If you are a national (have a passport) of a majority English-speaking country, you are exempt from the English language requirement.

Post by **Amber** » Tue Sep 17, 2013 7:30 am

smoothraj wrote:
D4109125 wrote:If you settle as a PBS applicant she can continue on her dep leave until it expires, she extends it or she settles.
Dear D4109125,
I have just been informed by an immigration lawyer that I would have qualified on 9th October 2013 for ILR ONLY IF my current tier 2 General visa was expiring within 6 months from 9th October 2013.

My current tier-2 gen expire in May 2015.

I am getting contradictory advice by " experts": what rule applies to my case: here are the details again:
date of valid from date on first work permit: 05th November 2008.
date of actual entry on that work permit: 11th Jan 2009 (so entered UK within 90 days from date of work permit stamp)

current tier-2 general expirry date: May 2015.

Please advice.. Thank you!
[/img]

From 28 days before 05th November 2013.

Immigrationboards.com: Immigration, work visa and work permit discussion board

5 year rule- from visa stamp date or date of entry

5 year rule- from visa stamp date or date of entry

Is this still true?

Is this still true?