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I am planning to apply for ILR soon and am nervous that it's up to the caseworker's discretion whether to count the gap between my entry clearance effective date and my entry date to the U.K. towards my 5 year continuous residence requirement. I don't want to apply for a second extension if it's likely that my ILR application will be approved.


Here is my background:

entry clearance issued under HSMP: Dec. 28, 2007
entered U.K.: Jan. 15, 2008
extension issued under Tier 1 (general): valid until Dec. 28, 2012


The UKBA stated that the earliest date that I may apply for ILR is Dec. 18, 2012, which is 28 days before the 5 year anniversary of my entrance to the U.K. The 90-day grace period rule applies only to those who entered the U.K. more than 28 days after their entry clearance visa was issued.

If you successfully applied for ILR, then please post the effective date of your initial visa, the date that you entered the U.K., the expiration date of your extension visa, and the date of your ILR application. If you applied at a PEO, then please briefly describe your experience.

Did any of you actually have your ILR application rejected because the caseworker pointed out that you applied for ILR when you were a few days or weeks shy of meeting the 5 year continuous residence requirement? If so, what additional comments did the caseworker make?

Any feedback will be appreciated. Thank you.

somemightsay wrote:I am planning to apply for ILR soon and am nervous that it's up to the caseworker's discretion whether to count the gap between my entry clearance effective date and my entry date to the U.K. towards my 5 year continuous residence requirement. I don't want to apply for a second extension if it's likely that my ILR application will be approved.


Here is my background:

entry clearance issued under HSMP: Dec. 28, 2007
entered U.K.: Jan. 15, 2008
extension issued under Tier 1 (general): valid until Dec. 28, 2012


The UKBA stated that the earliest date that I may apply for ILR is Dec. 18, 2012, which is 28 days before the 5 year anniversary of my entrance to the U.K. The 90-day grace period rule applies only to those who entered the U.K. more than 28 days after their entry clearance visa was issued.

If you successfully applied for ILR, then please post the effective date of your initial visa, the date that you entered the U.K., the expiration date of your extension visa, and the date of your ILR application. If you applied at a PEO, then please briefly describe your experience.

Did any of you actually have your ILR application rejected because the caseworker pointed out that you applied for ILR when you were a few days or weeks shy of meeting the 5 year continuous residence requirement? If so, what additional comments did the caseworker make?

Any feedback will be appreciated. Thank you.

You will be fine. You entered uk within 3 months of your visa issue date. So you can apply 28 days before your current visa expires. When case worker or guidance say 'qualify for 5 year stay' it means staying in uk for 5 years.

The term used is 'qualify for 5 years stay' NOT 'qualify for applying ( which is 28 days before qualifying for 5 years stay' Many people are confused about this 3 months rule including some solicitors/legal rep. I will write a detailed explanation later. but in a nut shell you can apply 30th November 2012. Good luck

Hi somemightsay: I am in your situation but this is fact what nionlight said.You will be fine. You entered uk within 3 months of your visa issue date. So you can apply 28 days before your current visa expires. hsmp 2yr+ tier1 3yr all counted towars 5 years contineous leave. So no worries. Just prepare for ILR.
Thanks