Eligibility for ILR

[E44302]

Hello Friends,

I was granted Tier 1 - General visa on 5th March 2010. However, I only entered the UK on 1st June 2012. The reason being that the company I was working for had sent me to the USA for some project work. Additionally I had family commitments and personal reasons due to which I could not fly.

I complete my 5 years on 1st June, 2017 this year. Will I be eligible for ILR 28 days before the 1st of June? Can I apply on 5th May, 2017 for ILR this year? I had read some rule about not being able to apply and that I can only apply after 1st June, 2017.

Thanks in advance!

[CR001]

Can I apply on 5th May, 2017 for ILR

Yes.

I had read some rule about not being able to apply and that I can only apply after 1st June, 2017.

Really?? Where did you read this 'rule'?

[E44302]

CR001! The quickest.

Well yes the rule I was referring to was the 28 day rule or something of entering the UK after once granted the initial Tier 1 visa. I will try to look that up and provide that information. I must have read it in the form maybe.

[CR001]

The 28 day rule has not changed and is still in place.

It is the concession that PBS migrants have to apply between 90 days and 180 days before visa issue date which is not relevant to you as you entered the UK a long time after visa grant.

[E44302]

Thanks for all the clarifications till now CR001.

I submitted my Tier 1 (General) visa application on 5th March 2010 and got it in few weeks. I dont remember the exact date when I received it. I think it must have been within a fortnight at most. However I have read from other posts that the date you first time apply for the Visa is what you need to consider to calculate all your points for PBS calculations. I hope that is correct. Please clarify if not.

I entered first time in the UK on 1st June 2012. So the 90 day ruling does not apply to me. I came well after that. I have to complete 5 years from this date.
Based on the above fact, I complete my 5 years on 1st June 2017.
So I can book an appointment for PEO for 5th May, 2017.

Is that right to sum it all up?

Many thanks once again.

[CR001]

Based on the above fact, I complete my 5 years on 1st June 2017.
So I can book an appointment for PEO for 5th May, 2017.

YES! This has already been answered.

[iworker]

Once u entered on 1 june 2012, did u leave the uk again within the next 1 year?
If not, i personally think you should be eligible for ilr on 1 June 2012 - 180 days.
I maybe wrong and will let others comment.

I calculate this as follows..
The 90 days to enter within the date of issue is not applicable anymore. anyone who even enters more than 90 days later, can still use the start date of the visa to count his/her continuous stay, but the days taken to enter the country are counted as days absent from the uk.
Since you are allowed 180 days a year, you could argue that your qualifying time starts from 1 june 2012-180 days provided u didnt leave the country again for next 180 days.

THis is my own view and might not be correct.

[E44302]

Thanks for the confirmation CR001.

iWorker, yes I did leave the UK in the month of December later that year for a vacation of 24 days or so. I dont know why that would effect anything? Can you please explain further?

[CR001]

Given that we are so close to May already, to be on the safe side, due to your prolonged time to enter the UK after getting the visa, suggest apply within 28 days of the date you entered.

[E44302]

suggest apply within 28 days of the date you entered

Well I am trying to apply as soon as I am eligible. I can only be eligible after 4th May 2017 (28 days before I complete 5 years in UK). Is that what you have suggested in the above quoted comment CR001 ?

[CR001]

It is my opinion and what I would do if I was in the same situation. I don't like risks and avoid them at all costs and would never intentionally take one especially with HO.

Given the high volume of Tier 1 General to ILR refusals and delays in processing in person applications etc, I would make sure I have ticked every checklist box at least twice and minimise any risk as much as possible.

[E44302]

I completely agree with you CR001 with regards to being sure about the checklist and double checking them twice and be extra cautious.

However, I would like to know if there is a separate thread to track applications\experiences of users who have applied for ILR from Tier 1 General in person and have been delayed or refused.

[CR001]

I completely agree with you CR001 with regards to being sure about the checklist and double checking them twice and be extra cautious.

However, I would like to know if there is a separate thread to track applications\experiences of users who have applied for ILR from Tier 1 General in person and have been delayed or refused.

There are hundreds of posts and tales of woe.

indefinite-leave-to-remain/ilr-peo-defe ... -1060.html

Some T1G in the link below too but you will have to read yourself to see relevant ones.

indefinite-leave-to-remain/ilr-postal-a ... -8700.html

If you are or have a period of self employment, hopefully you had no sudden tax amendments.

indefinite-leave-to-remain/ilr-refused- ... 9-140.html

indefinite-leave-to-remain/ilf-and-tax- ... 09154.html

indefinite-leave-to-remain/tax-amendmen ... 19870.html

If you have been self employed, expect something similar to the link below.

indefinite-leave-to-remain/ilr-question ... 03628.html

[E44302]

Thank you for the above links, I will take a look.

A note about my time in the UK:

I have always been employed for permanent roles. I have only had 2 employers, one in the past and one with which I am working now. I have been with the present company for last 3.5 years. The first one was 1.5 years. Both the roles were permanent and I have no history of self employment\contracting etc. All my NI and taxes have been paid by my employers and I have the P60 for all those years. My salary has been credited to one bank account for the entire 5 years for which I have the payslips and the bank statements. (yes of all 5 years, its a big bundle ).

Additionally I have been out of the UK for 4 times in those 5 years. Each time I have taken a letter from my employer regarding the absence. In total all those leaves do not cross 100 days in the entire 5 years period.

[E44302]

I have gone through those links. Most of them seem to have problems with tax amendments and self employment cases. Also many seem to be the 10 year route.

I am applying the in Tier 1 General - 5 year route. Any specific thread on timelines \ refusals for this category? Or is everything under the main thread wherein I just need to find a case like mine?

[CR001]

There is no specific thread for Tier 1 G to ILR.

If you feel confident, apply.

Link to calculating continuous residence below. Contains info re 180 days.

https://www.gov.uk/government/uploads/s ... ds-v13.pdf

[E44302]

Hello friends,

I got my ILR approved at same day appointment at Croydon last week on Friday.

Obviously I was a little worried when I went through the forums about rejections. I think if its a Tier 1 General to ILR without contracting its a very very simple case. I was out in around 1 hour 20 minutes. I am glad I had not taken any contracting jobs while I was here. I was tempted many a times but just waited for 5 years to get to ILR. All my time here, I only did permanent job(s).

Appreciate all your help and support. please let me know if anyone has any queries.

[CR001]

Congratulations, really pleased you had a good and quick experience. Certainly a wise decision on your part to only do PAYE employment while on Tier 1 General, the mantra of 'keeping it simple' has rewarded you with ILR without any hassles.

Next and final step, if you choose to, British Citizenship.

[E44302]

CR001, your advice has like always been very very helpful. Thank you for your support and timely replies.