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Hi,

In some cases, applicants may have been granted five years continuous leave, but due to delayed travel will not have spent five years continuously in the UK before their current leave expires.

I was unlucky (it is funny but at the time I thought I was actually lucky) and HO issued my Tier 1 visa up until exactly the day when I qualify for 5 years thus helping me avoid another extension. However, with the above new rule I would be able to qualify for ILR earlier if they didn't do it.

My question is - how strict is this rule? If I want to have my ILR a couple of months quicker - will I be able to use this rule even though my current leave does not expire before I get 5 years?

Any experience?

In some cases, applicants may have been granted five years continuous leave, but due to delayed travel will not have spent five years continuously in the UK before their current leave expires.

This rule applies to those who have not entered the UK immediately after gaining EC in their home country and as a result fall short of the required 5 years residency for ILR.

Note that the applicant will still need to have 5 years of valid EC issued, if this is not the case then they will need to extend their visa before applying for ILR. The concession provided is to allow the time in-between EC & Date of Entry, so long as the the applicant entered the UK within three months of the EC date.

See Q5 under the following Sticky: http://www.immigrationboards.com/viewtopic.php?t=79378

If I want to have my ILR a couple of months quicker - will I be able to use this rule even though my current leave does not expire before I get 5 years?

No

Q5 says "My current leave as economic migrant expires before I complete the qualifying residential period. Can I apply for ILR?"

My current leave does not expire before I complete the qualifying residential period. So the answer shouldn't apply to me should it?

My current leave covers the whole qualifying period and still I entered UK 2 months after initial HSMP was stamped into my passport. Can I count those 2 month in?

To be clear -
initial HSMP - 16/10/2007
entered UK - 08/01/2008
Tier 1 G valid till - 08/01/2013

Can I count the period from 16/10/2007 till 08/01/2008 towards ILR according to the mentioned rule? Even though my current leave does not expire on 16/10/2012 but goes on until 08/01/2013?

yallow wrote:Q5 says "My current leave as economic migrant expires before I complete the qualifying residential period. Can I apply for ILR?"

My current leave does not expire before I complete the qualifying residential period. So the answer shouldn't apply to me should it?

My current leave covers the whole qualifying period and still I entered UK 2 months after initial HSMP was stamped into my passport. Can I count those 2 month in?

To be clear -
initial HSMP - 16/10/2007
entered UK - 08/01/2008
Tier 1 G valid till - 08/01/2013

Can I count the period from 16/10/2007 till 08/01/2008 towards ILR according to the mentioned rule? Even though my current leave does not expire on 16/10/2012 but goes on until 08/01/2013?

Ok, it's clearer now. Based on my understanding of the rules, you cannot count the period between 16/10/2007 & 08/01/2008 as you already have sufficient leave to remain to complete your 5 year residency. The concession applies to those who fall short of the required 5 years residency, but in your case you do not.

You should consider your date of entry, i.e. 08/01/2008. You can apply 28 days before the 5th anniversary from this date (08/01/2013 - 28days).

cs95tdg wrote:

yallow wrote:Q5 says "My current leave as economic migrant expires before I complete the qualifying residential period. Can I apply for ILR?"

My current leave does not expire before I complete the qualifying residential period. So the answer shouldn't apply to me should it?

My current leave covers the whole qualifying period and still I entered UK 2 months after initial HSMP was stamped into my passport. Can I count those 2 month in?

To be clear -
initial HSMP - 16/10/2007
entered UK - 08/01/2008
Tier 1 G valid till - 08/01/2013

Can I count the period from 16/10/2007 till 08/01/2008 towards ILR according to the mentioned rule? Even though my current leave does not expire on 16/10/2012 but goes on until 08/01/2013?

Ok, it's clearer now. Based on my understanding of the rules, you cannot count the period between 16/10/2007 & 08/01/2008 as you already have sufficient leave to remain to complete your 5 year residency. The concession applies to those who fall short of the required 5 years residency, but in your case you do not.

You should consider your date of entry, i.e. 08/01/2008. You can apply 28 days before the 5th anniversary from this date (08/01/2013 - 28days).

I would agree with that.

Sorry for hijacking this post but my case is similar to OP case.
My initial Tier 1 EC DATE: 02/08/2008
Date of entry into UK: 28/08/2008
Extension granted until: 02/08/2013
The earliest date that I can apply for ILR is 01/08/2013 or is it with in 28 days from 02/08/2013 ( the date of EC)

Please can someone confirm this? This question is hunting me for a long time.

Thank you very much

ganeshptrk wrote:Sorry for hijacking this post but my case is similar to OP case.
My initial Tier 1 EC DATE: 02/08/2008
Date of entry into UK: 28/08/2008
Extension granted until: 02/08/2013
The earliest date that I can apply for ILR is 01/08/2013 or is it with in 28 days from 02/08/2013 ( the date of EC)

Please can someone confirm this? This question is hunting me for a long time.

Thank you very much

The earliest you can apply will be 28 days before your 5th aniversary from EC (i.e. 02/08/2013 - 28 days).