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Hi,

I am on Tier 1 (General) visa with following dates:

1. 16 April 2010 - 16 April 2013
2. 13 March 2013 - 13 March 2015

Am I eligible to apply for ILR on 10 March 2015 ? as this would be only 4 years 11 months.

Any advice would be highly appreciated.

Thanks in advance

Rajesh

From

http://www.immigrationboards.com/indefi ... 79378.html
Q3 - When does my ILR qualifying period start?
There are two scenarios. One is that ILR qualifying visa (e.g. Work Permit, Tier 1, HSMP, etc) was obtained by switching into that category from another visa whilst still in UK. Second is that ILR qualifying visa was obtained out of country. For first case ILR clock starts from the day the passport was stamped with that leave to remain. For second case ILR clock starts from the day when applicant first entered UK on that qualifying visa, subject to the 90 days entry concession. E.g. If someone got Tier 1 visa from out of UK on 1st February 2006 and entered the UK for first time on 20th June 2006, then ILR clock starts from 20th June 2006.

Q4 - What is the earliest day I can apply for ILR?
Unless the 90 days entry concession is applicable (Q5), one can apply no earlier than 28 days before the 4th (HSMP before 03-Apr-06) / 5th (other economic migrants) anniversary of either date of entry in the UK (overseas applications) or date of switching (in-country applications) as a economic migrant in a category that leads to settlement. In all cases, one must apply for ILR or for another visa before expiry of current visa.
Use the date calculator to ascertain the "28 days window".

Thanks for the reply. I had applied for Tier 1 from UK only but the duration of my Tier 1 visa including extension is 4 years 11 months and NOT 5 years.

So can I apply for ILR in this case as i wont be completing 5 continuous years ?

In my opinion and by looking at the dates, you do not complete 4 years and 11 months on 10th of March. Your 5 years will be completed on the 15th of april, 2015. On that basis you can apply 28 days before 15th of April, which is 17th of March...

Thanks asmiali, I am thinking of applying for Tier 1 extension now and would apply for ILR later

rajkash wrote:Thanks asmiali, I am thinking of applying for Tier 1 extension now and would apply for ILR later

I am assuming you have applied for Tier 1 Visa in country and the date on your visa sticker is 16/04/2010.
You will qualify for ILR on 18 March 2015.

From Friday, 16 April 2010
Added 4 years, 11 months, 2 days
Result: Wednesday, 18 March 2015

Now your visa is valid till 13 March 2015. You have two options

- Apply for ILR on 12/03/2015 (or before your visa expiry date 13/03/2015) using the postal application on SET(O) form. If you qualify on the date of decision (which you definitely will) you are good. OR
- Apply for Tier 1 extension

I will go for the ILR as second option is just a waste of money and it is alot of money. The decision is yours