Immigrationboards.com

Dear Friends,

Please confirm on my query below.
My details:

EC given from - 19 Nov 2007
Entered UK - 23 Jan 2008
Visa type - Work Permit
Current Visa - Tier 1 General (switched on Mar 2010)

I can apply for ILR on or after 23 Dev 2012 ? or 19 Oct 2012 ? Please help ,it confuses me all the time

regards
Raj

21st oct 2012

uksettlement wrote:21st oct 2012

Sure ???? I was under impression that I can apply only Jan 13 ? Sorry to ask again ? Can I apply this Oct 21st onwards itself ? Can seniors also confirm on this please

As per the rules they have to consider upto 3 months of delay of getting into the country after EC.

Rajuk09 wrote:EC given from - 19 Nov 2007
Entered UK - 23 Jan 2008
Visa type - Work Permit
Current Visa - Tier 1 General (switched on Mar 2010)

You will be eligible to apply upto 28 days before your 5th anniversary from EC. I.e. 19 Nov 2012 - 28 days. This is due to the concession explained under Q5 in the following sticky. http://www.immigrationboards.com/viewtopic.php?t=79378

cs95tdg wrote:

Rajuk09 wrote:EC given from - 19 Nov 2007
Entered UK - 23 Jan 2008
Visa type - Work Permit
Current Visa - Tier 1 General (switched on Mar 2010)

You will be eligible to apply upto 28 days before your 5th anniversary from EC. I.e. 19 Nov 2012 - 28 days. This is due to the concession explained under Q5 in the following sticky. http://www.immigrationboards.com/viewtopic.php?t=79378

My understanding was that the concession applied if you were granted a 5 year 'continuous' initial visa (EC), not if you have accumulated 5 'continuous' years via extention/switches? Could I be wrong?

wpilr_nov12 wrote:

cs95tdg wrote:

Rajuk09 wrote:EC given from - 19 Nov 2007
Entered UK - 23 Jan 2008
Visa type - Work Permit
Current Visa - Tier 1 General (switched on Mar 2010)

You will be eligible to apply upto 28 days before your 5th anniversary from EC. I.e. 19 Nov 2012 - 28 days. This is due to the concession explained under Q5 in the following sticky. http://www.immigrationboards.com/viewtopic.php?t=79378

My understanding was that the concession applied if you were granted a 5 year 'continuous' initial visa (EC), not if you have accumulated 5 'continuous' years via extention/switches? Could I be wrong?

I presume you are referring to the statement below. If so what that statement is saying is that you need to have leave to remain to cover the entire 5 year period, & not that your orginal EC visa needs to be 5 years in duration.

Note: If you have switched immigration categories (e.g. - Tier 2 to Tier 1) during the qualifying residential period, and if you have not been granted 5 years continuous leave since the issue of entry clearance, then this concession does not apply to you.

To add on my query , I was given 5 years visa with WP on 19th Nov 2007 , And now I have my Tier 1 visa until April 2013. So still I can apply this year after Oct 19th ?
Please help.

Not Oct 19th.... Oct 21st or after.

tier1Reading wrote:Not Oct 19th.... Oct 21st or after.

oh yes sorry.From Oct 21 .

From "Indefinite leave to remain – calculating continuous period in UK", link http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary , page 4 (of 9), top para:

Applications that fall short of the five year continuous periodIn 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. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years, provided this period was not longer than three months.

...

So my interpretation would be that OP is not eligible to take advantage of the 3 month concession due to life of current Leave.

Rajuk09: you cannot apply for ILR earlier than 28 days before the 5th anniversary of your EC date.

You got your EC on 19 Nov 2007 and the earliest you can apply is Monday, October 22, 2012.

linkers wrote:Rajuk09: you cannot apply for ILR earlier than 28 days before the 5th anniversary of your EC date.

You got your EC on 19 Nov 2007 and the earliest you can apply is Monday, October 22, 2012.

Thank you very much for all the replies. I didnt know that I can apply from 22 Oct this year , thats a good news , I need to sort the documents now , hope everything goes good. Thank you once again.

That’s no problem Rajuk09. As per the UKBA Modernised Guidance, if you entered the UK within 90 days of getting EC (which you did), you can apply for ILR 28 days before the 5th anniversary of your EC date.