Hi
I first came to UK in Jan 2010 in Tier 2 ICT visa (rules in place before Apr 2010) but left the UK to my native country in Jan 2011. I returned with a new Tier 2 ICT visa in March 2011 and has been continuously resident here since.
I have a query regarding what exactly is the break in my continuous leave with re: application of ILR (if it is possible really). My old visa expired on 15th Jan 2011. The rule in paragraph 245AAA (a)-ii-(1) states
where that leave expired no more than 28 days prior to a further application for entry clearance which was made before 24 November 2016 and subsequently granted, that period and any period pending the applicant’s re-entry into the United Kingdom shall be disregarded;
My query is what exactly is meant by application for entry clearance?
1. Is it that date my employer applied for CoS/ PBS with home office?
2. Is it the date my PBS was approved/ the start date mentioned in PBS?
3. Is it the date I paid my fees for my visa application for new visa appointment?
3. Date of appointment for submitting my application and biometrics?
If the answer was 1 or 2 I may have a chance for grant of ILR, as that was within 28 days of expiry of my previous visa, hence the question..
Would much appreciate any clarification. Thanks!
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