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Hi All,

I have a tricky situation regarding calculating my 5 years entry period. Could you please advise on the following two doubts.

a) I applied for the EC from India and got it in Aug-2010, the start date on EC was 02-Oct-2010 (as requested in the visa application form). I first entered UK on 02-Dec-2010. Does the 90 days exceptional rule calculates from the date on EC or from the date EC is granted. (HO guidelines says 90 days from when the EC is granted - I am not sure if they meant to say from the date EC is valid)

b) On top of this, I entered on 2-Dec-2010 and left UK on 11-Dec-2010, I came back again on 27-Jan-2011 and since then I have only left UK for paid holidays.
If I am eligible to be considered under the 90 days rule, will HO consider 2-Dec-2010 as my first entry date or they will only consider 28-Jan-2011 as from this date I actually started living in the UK.

Thanks for reading this, please let me know in-case you need any further details from me.

Regards,
RG

90 days concession rule is from entry clearance date .
Regarding your entry date, in my opinion 2nd december would be considered . But please wait if someone has to suggest otherwise.

Your EC visa start date 2 Oct will be considered. So you'll be fine under 90 days rule.

Thanks dk2011 and smartkhan!

Do we have any reference where someone with case a) or b) had successful ILR application?

rg_del wrote:Hi All,

I have a tricky situation regarding calculating my 5 years entry period. Could you please advise on the following two doubts.

a) I applied for the EC from India and got it in Aug-2010, the start date on EC was 02-Oct-2010 (as requested in the visa application form). I first entered UK on 02-Dec-2010. Does the 90 days exceptional rule calculates from the date on EC or from the date EC is granted. (HO guidelines says 90 days from when the EC is granted - I am not sure if they meant to say from the date EC is valid)

b) On top of this, I entered on 2-Dec-2010 and left UK on 11-Dec-2010, I came back again on 27-Jan-2011 and since then I have only left UK for paid holidays.
If I am eligible to be considered under the 90 days rule, will HO consider 2-Dec-2010 as my first entry date or they will only consider 28-Jan-2011 as from this date I actually started living in the UK.

Thanks for reading this, please let me know in-case you need any further details from me.

Regards,
RG

FAQ Q3:ILR clock starts from the day when applicant first entered UK on that qualifying visa, subject to the 90 days entry concession. E.g. If someone got Tier 1 visa from out of UK on 1st February 2006 and entered the UK for first time on 20th June 2006, then ILR clock starts from 20th June 2006.

Hi All,

Thanks for your replies!

I am wondering if my "48 days" absence after "10 days" of my first entry might be considered a break in residency or reflect that I started residing in UK from Jan-2011 rather then Dec-2010?

All my documents like tax, bank statements, payslips starts from Jan-2011. I am a bit worried if I apply in Sep-2015 I might be risking the fees.

Regards,
RG

Hi Admins,

Just wondering, if someone can advise me on my query?

Regards,
Rishi