5yr qualifying, miss by 2 days - what are my options?

[ktred]

Hi there

My current Tier 1 (general) visa runs out on 20th December. A summary of my timings are

- Tier 1 visa issued in Australia – 9th January 2009

- Entered the UK - 19th January 2009

- Tier 1 extension issued in UK - 20th December 2011

- Current Visa Expiry - 20th Dec 2013



These timing mean that I am slightly short of the five years (30 days short from entry, 20 days short from issue date - I think it's the entry date which is key?). From what I have read, I should not apply before 28 days of completing the qualifying period, which means I am 2 days short.

Do I have this qualifying period correct? And what are my options?

Any assistance much appreciated.

Cheers
K

[Amber]

You can apply from 28 days before 9-Jan-2014, so you're fine.

[ktred]

Thanks Guru

So just to clarify, you are saying that my qualifying period begins on the Visa issue date (9th Jan) and not the UK entry date (20th Jan)?

Thanks
K

[sheraz7]

Hi there

My current Tier 1 (general) visa runs out on 20th December. A summary of my timings are

- Tier 1 visa issued in Australia – 9th January 2009

- Entered the UK - 19th January 2009

- Tier 1 extension issued in UK - 20th December 2011

- Current Visa Expiry - 20th Dec 2013






These timing mean that I am slightly short of the five years (30 days short from entry, 20 days short from issue date - I think it's the entry date which is key?). From what I have read, I should not apply before 28 days of completing the qualifying period, which means I am 2 days short.

Do I have this qualifying period correct? And what are my options?

Any assistance much appreciated.

Cheers
K

your 1st entry was within 90 days therefore your clock will start from visa issuance date which is 9th january 2009 and from that date after 4years 11 months and 2 days you can apply ilr.

[ktred]

OK great, that maks it clear.

Thanks to both

[roarke80]

your 1st entry was within 90 days therefore your clock will start from visa issuance date which is 9th january 2009 and from that date after 4years 11 months and 2 days you can apply ilr.

Sorry to hijack this thread but I have a similar query can you help me please?

My Tier 1 was valid from June 2009, issued in Singapore, but I returned to UK a day before the visa was valid. I was allowed in because I was on a working holiday visa back then.

I then reentered the UK in Jan 2010, which is when my Tier 1 visa was first stamped.

Does this mean that my qualifying period would begin in Jan 2010 rather than June 2009 although I was already in the UK?

My husband had called up UKBA with the same query and was told that the residential period in our case would begin in June 2009 rather than Jan 2010, but since we have been receiving conflicting responses from different people we were hoping for more confirmation before booking and paying for ILR application in 2014.

Many thanks for your time.

[manci]

My Tier 1 was valid from June 2009, issued in Singapore, but I returned to UK a day before the visa was valid. I was allowed in because I was on a working holiday visa back then.

I then reentered the UK in Jan 2010, which is when my Tier 1 visa was first stamped.

Does this mean that my qualifying period would begin in Jan 2010 rather than June 2009 although I was already in the UK? .

The rule is:
the applicant must have spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 1 (General) Migrant, in combination with ....

On this basis in your case the qualifying period would have started on the date when your T1 leave started in June 2009 (one day after your June 2009 entry date), but you would need to submit proof that you were in fact in the UK between this date and the stamped date on the visa (January 2010). Explain the circumstances in a covering letter.

[manci]

My Tier 1 was valid from June 2009, issued in Singapore, but I returned to UK a day before the visa was valid. I was allowed in because I was on a working holiday visa back then.

I then reentered the UK in Jan 2010, which is when my Tier 1 visa was first stamped.

Does this mean that my qualifying period would begin in Jan 2010 rather than June 2009 although I was already in the UK? .

The rule is:
the applicant must have spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 1 (General) Migrant, in combination with ....

On this basis in your case the qualifying period would have started on the date when your T1 leave started in June 2009 (one day after your June 2009 entry date), but you would need to submit proof that you were in fact in the UK between this date and the stamped date on the visa (January 2010). Explain the circumstances in a covering letter when the time comes for the application.

[roarke80]

The rule is:
the applicant must have spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 1 (General) Migrant, in combination with ....

On this basis in your case the qualifying period would have started on the date when your T1 leave started in June 2009 (one day after your June 2009 entry date), but you would need to submit proof that you were in fact in the UK between this date and the stamped date on the visa (January 2010). Explain the circumstances in a covering letter.

That's great news, thank you very much for the confirmation!