ILR-Tier 2 General- Period between visa issue and UK entry

[ivuser]

Hi,

I am currently on a Tier 2 (General) visa and have a query on ILR 5-year continuous period calculation. This is in relation to the allowable period between the issue of entry clearance and entering the UK.

I received my visa in June 2012 but entered the UK in Nov 2012. To be exact, I entered the UK 170 days after Tier 2 (General) visa was issued.

Can I include a part of this absence in the 5-year continuous residence calculation? Assuming my total absence for that 12-month period does not exceed 180 days.

This is confusing because some forum entries and other websites mention the period between the issue of Tier 2 visa and entering the UK cannot be more than 90 days for that date to be counted as start of the 5-year period.

But the latest UKVI ILR guidance (6-Apr-2017) for calculating continuous period in UK mentions this:

“
The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the relevant 12 month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry.
If the delay is more than 180 days, you can only include time after the applicant entered the UK in the continuous period calculation
”

For e.g. if I apply for ILR in 19th Aug 2017, Year 5 is from 18 Aug 2012 to 19 Aug 2013. This is would mean the start date is in the period between visa issue and entry to the UK. Would I be eligible for ILR on 19/Aug/2017?

Please any help on this would be really useful.

[marcnath]

There use to be a condition that the time between grant and entry should not exceed 90 days.
It does appear to have been removed now.
The guidance set this out quite clearly, however I have not found a direct reference to that in the immigration rules itself.
But you should be able to apply now, provided all other conditions are met.

[ivuser]

Thank you very much for your reply. It does look like I can include the absence before entry if it is less than 180 days.

[timjharvey]

Thank you very much for your reply. It does look like I can include the absence before entry if it is less than 180 days.

Hi IVuser, did you successfully apply? I have the same predicament. You feedback would be appreciated!