Query regarding ILR and absence calculation

[Jeanvz]

Hi All,
I would like to enquire as to when I can submit my Indefinite Leave to Remain application.

I know you should submit it within 28 days before the end of your qualifying period and not earlier but this is where the confusion comes in.
My Visa is expires the 15th January 2019 but I have only entered the UK on the 4th February 2014.

Or does the following help my situation as per the Calculation Continuous Period info
(You are allowed to be out of the country for 180 days for each of the five years of the Ancestral visa. The period between entry clearance and entry the UK may be counted toward qualifying period.
Any absences between the date of issue and entry to the UK are considered an allowable absence. The period will count toward the 180 days allowable absence. The applicant does not need to provide evidence to demonstrate the reason for delayed entry).

Thanks in Advance

[CR001]

Presumably your visa start date is 14/15 January 2014???

You can apply no sooner than within 28 days before your visa start date, which is what the text is saying.

Any absences between the date of issue and entry to the UK are considered an allowable absence. The period will count toward the 180 days allowable absence. The applicant does not need to provide evidence to demonstrate the reason for delayed entry).

[Jeanvz]

Hi

Yes my visa start date is the 15th January therefor as I understand it I can submit my application 28 days before then which is then the 18 December.

[CR001]

Hi

Yes my visa start date is the 15th January therefor as I understand it I can submit my application 28 days before then which is then the 18 December.

Correct, anytime within 28 days before visa start date.

[Jeanvz]

Brilliant, Thanks for the clarification.

[CR001]

Below is a lengthy 'Ancestry to ILR' topic with lots of questions and resultant ILR success post. Worth a read through.

indefinite-leave-to-remain/ancestry-vis ... 84361.html

[Jeanvz]

Hi

I have asked this question before but just wanted to confirm as I have been getting different answers to my question.

I received my visa 15th January 2014 and only entered the UK on the 4th February 2014.
My visa therefor expires 15th January 2019 do I use this date as the qualified period and apply 28 days from this date or is it the 4th February 2019.

I am a bit confused with regards to this as the SET(O) application says (you must complete a qualifying period in the UK and not to apply more than 28days before completing qualifying period and if you have entered the UK with a visa several weeks or more after the date from which it is valid you may need to apply for extension). So would I need to get an extension on my visa?

But the guidance from the Calculating continuous leave period in UK says (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 continuous 12-month period)

So which date should I then use to submit my application 28days before?

Any help would be appreciated.

[CR001]

You count from date your visa was issued.

You could even count from date of entry and apply shortly before your visa expires. The rule says you can apply within 28 days of meeting the qualifying period. It does not say you must have a valid visa for the whole period. So you could apply within 28 days before 4th Feb which brings you to end of first week of January roughly.

Kindly also keep all your queries in one topic (both now merged). Thanks.

[Jeanvz]

Hi

Thank you again for the confirmation on my previous question with regards to the absence.

I just have another question with regards to the absences. It has to do with the section you list the absence days.
Myself and my dependant has only left the country once, we left the UK on the 13th December 2015 and arrived in South Africa on the 14th December 2015. My concern is both our passports are stamped upon arriving in South Africa but the stamp date is very faint and it looks like it says 4th December 2015 and not 14th.
Should I use the date in my passport which shows the 4th or should I use the actual leave date which was the 14th.
I have read a previous thread comment and it has been mentioned the ( Yes, you need to complete the absence section of the form as accurately as possible (remember HO have records of your entry/exit to check against).)


I still have my plane e tickets as prove should I attach this to my application to prove we actually left on the 13th December.

Thanks in advance