How is continous period of stay calculated.

[muzzba]

Hello,

I have a question regarding how the continuous period of stay is calculated.

I applied to switch from tier 4 to tier 2 and it took 13 months to get a decision on the visa, during which time I was in continous employement.

My COS was for three years however as the decision process took a year I only got a visa of two years upto the date on the COS, but never got the NHS surcharge back.

My question is whether the year that I was waiting for a decision can be counted towards my continuous stay workjng in the UK OR not.

Thanks

[CR001]

On what basis are you applying for ILR, 5 years Tier 2 or 10 years long residence?

If it is 5 years Tier 2, then it starts counting from the date your Tier 2 visa was granted.

[muzzba]

I am applying on the basis of 5 year Tier2.

When I was going through one of the documents on the home office website, it says that the duration can be calculated from the date of application or the date of visa granted.

Which is quite confusing.

[cyclina1]

you worked part time or full time during the decision waiting?

[muzzba]

“Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application”

The above quoted is excerpts from
“Indefinite leave to remain: calculating continuous period in UK
Version 16.0”

[muzzba]

you worked part time or full time during the decision waiting?

I was working full time during the decision period. I was working full time since my course ended in september.

[CR001]

“Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application”

The above quoted is excerpts from
“Indefinite leave to remain: calculating continuous period in UK
Version 16.0”

You need 5 years on Tier 2 General, counting from when your visa was granted. Tier 4 does not lead or count towards ILR based on 5 years residence.

[muzzba]

[/quote]
You need 5 years on Tier 2 General, counting from when your visa was granted. Tier 4 does not lead or count towards ILR based on 5 years residence.
[/quote]

So, the year that I applied to switch my visa to tier 2 and waiting for a decision does not count towards the 5 years ?

[CR001]

So, the year that I applied to switch my visa to tier 2 and waiting for a decision does not count towards the 5 years ?

No. It would only count for 10 years long residence ILR.

[muzzba]

So, the year that I applied to switch my visa to tier 2 and waiting for a decision does not count towards the 5 years ?

No. It would only count for 10 years long residence ILR.

The way it’s worded in the document is quite misleading/confusing.

[CR001]

Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.

You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

Date of application in this instance above refers to date of application of ILR not date of application for the qualifying visa a few years ago.