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Hi -

I have a quick question. Do I have to have been in UK 5 years ago on the date of my application for ILR?

I am planning to apply for ILR on 3rd March 2014, but 5 years ago on 3rd March 2009, I was not in UK. In fact, I was away in India for almost the whole of March 2009 in India, I had to go back to apply for Tier1 as I couldn't switch from Working Holiday to Tier1 while in UK. There was some rule saying I can apply 28 days before or something, I remember reading this in this forum or on UKBA website. I am a little confused.

I am on Tier1 (General), I was previously on Working Holiday visa. My Tier1 got stamped on 29th March 2009, and I arrived in UK on the same day.

Please can someone throw some light?

Many thanks.

zayedshah wrote:Hi -

I have a quick question. Do I have to have been in UK 5 years ago on the date of my application for ILR?

No, that's only necessary for naturalization

You may apply for ILR from Saturday, 1 March 2014 and before expiry of leave.

Thanks for the prompt responses Lucapooka and Vinny.

Much appreciated.

Lucapooka wrote:

zayedshah wrote:Hi -

I have a quick question. Do I have to have been in UK 5 years ago on the date of my application for ILR?

No, that's only necessary for naturalization

Lucapookam, can you please elaborate your answer?

tahirnaveed wrote:

Lucapooka wrote:

zayedshah wrote:Hi -

I have a quick question. Do I have to have been in UK 5 years ago on the date of my application for ILR?

No, that's only necessary for naturalization

Lucapookam, can you please elaborate your answer?

When applying for naturalisation, the date that the UKBA receives your application means that you must have been physically present in the UK exactly 5 years earlier, i.e. 1/2/2009 to 1/2/2014.

It was made in response to a direct question where all the necessary information for its resolution had been provided. Hope that helps!