Immigrationboards.com

Hi

i need a advice on my case

I am granted to stay in this county on 20th August 2009 on Tier 4 student Visa and i entered in this county on 15th September 2009. My current visa is Tier 1 entrepreneur which is valid until 15th August 2019.

My question is
1) when can i apply my 10 years ILR.
2) How do i calculate the qualifying period for 10 years ILR is it from the visa granted date or entered the UK for the first time.
3) If i can calculate the Visa granted date can someone send me any evidence of the rule
4) The Application form never asked about when i granted my visa it is only asking about my first entered date in to UK.so how do the case worker count in my granted visa date.

Thanks
Mr.K

1. No sooner than within 28 days before 15 September 2019.

2. Counts from date you entered the UK.

3. There is no such rule for ILR based on long residence. It is date you entered. Visa issue date only applies to PBS route ILR based on 5 years residence.

4. The caseworkers know the rules and that it counts from date you entered.

I found this on https://www.gov.uk/long-residence/eligibility

If you do not meet these 2 requirements you can apply to extend.

Your 10-year qualifying period starts from either:

when you arrived in the UK with a visa
when you were given permission to stay in the UK

karthikgadu wrote: ↑

Mon Feb 25, 2019 3:03 pm

when you were given permission to stay in the UK

This ONLY applies to legal stay granted WITHIN the UK, i.e an illegal immigrant being granted discretionary leave to remain while in the UK.

If you applied for entry clearance from home country, YOUR stay starts from date of entry to the UK and NOT your visa issue date.

So then i am Short of 2days to Apply ILR before 28days if i am calculating from 15th September 2019.

What are my options to Apply ILR? Any advice is appreciated please.

Thanks

karthikgadu wrote: ↑

Mon Feb 25, 2019 3:14 pm

So then i am Short of 2days to Apply ILR before 28days if i am calculating from 15th September 2019.

What are my options to Apply ILR? Any advice is appreciated please.

Thanks

Perhaps consider Tier1 extension and once granted apply for ILR.

Apply for their 1+extension and vary it to ILR once you hit your qualifying date.

Does any one know how to use this guidelines. can some one give me an example with dates


Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application


https://assets.publishing.service.gov.u ... .0-EXT.pdf

Page 9

Does any one know how to use this guidelines. can some one give me an example with dates
I am granted to stay in this county on 20th August 2009 on Tier 4 student Visa and i entered in this county on 15th September 2009. My current visa is Tier 1 entrepreneur which is valid until 15th August 2019.


Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

https://assets.publishing.service.gov.u ... .0-EXT.pdf

Page 9

When does qualifying period start? (Correct me if I am wrong)
According to 276B i, https://www.gov.uk/guidance/immigration ... categories

(b) “lawful residence” means residence which is continuous residence pursuant to:
(i) existing leave to enter or remain;

"The long residence rule requires applicants to have at least 10 years continuous residence in the UK before they can qualify for indefinite leave."

So, I understand this as his qualifying period started when he was granted visa, not necessarily the date of entry given that he entered within 90 days of visa grant date.

nahidhossen wrote: ↑

Sat May 04, 2019 2:24 pm

When does qualifying period start? (Correct me if I am wrong)
According to 276B i, https://www.gov.uk/guidance/immigration ... categories

(b) “lawful residence” means residence which is continuous residence pursuant to:
(i) existing leave to enter or remain;

"The long residence rule requires applicants to have at least 10 years continuous residence in the UK before they can qualify for indefinite leave."

So, I understand this as his qualifying period started when he was granted visa, not necessarily the date of entry given that he entered within 90 days of visa grant date.

There is no 'enter within 90 days of visa grant' concession for ILR based on long residence, where did you see this?? It starts counting from the date the applicant entered the UK.

I read that 90 days rule somewhere but can't remember where exactly. However, as you are saying residency/qualifying period starts from date of entry, can you provide me the relevant source?

Secondly explain me what does "(i) existing leave to enter" mean?

Thanks

nahidhossen wrote: ↑

Sat May 04, 2019 3:43 pm

I read that 90 days rule somewhere but can't remember where exactly. However, as you are saying residency/qualifying period starts from date of entry, can you provide me the relevant source?

Secondly explain me what does "(i) existing leave to enter" mean?

Thanks

There USED to be a 90 day concession applicable to the PBS routes ONLY. It has never applied to ILR long residence.

https://www.gov.uk/government/publicati ... -residence

Note that (i) refers to either a visa issued outside the UK or when an overstayer has regularised their stay within the UK, ie DLR. Lawful residence refers to requiring legal status for 10 years. Continuous residence is what the ILR LR is based on, counted from date of entry.

It is certainly obvious that you have in-depth knowledge around this area but "Note that (i) refers to either a visa issued outside the UK" needs clarification (English is a wonderful language!). I have gone through the guidance but could not see anywhere explicitly mentioning 'date of entry' rule but common sense certainly says residency starts from the date someone enters in the UK.

So, back to the point; "Note that (i) refers to either a visa issued outside the UK": if one has been granted visa on 20.05.2010 in Jamaica for instance and entered UK on 01.06.2010, common sense says residency started on 01.06.2010 but your statement seems to point otherwise

nahidhossen wrote: ↑

Sat May 04, 2019 4:23 pm

It is certainly obvious that you have in-depth knowledge around this area but "Note that (i) refers to either a visa issued outside the UK" needs clarification (English is a wonderful language!). I have gone through the guidance but could not see anywhere explicitly mentioning 'date of entry' rule but common sense certainly says residency starts from the date someone enters in the UK.

So, back to the point; "Note that (i) refers to either a visa issued outside the UK": if one has been granted visa on 20.05.2010 in Jamaica for instance and entered UK on 01.06.2010, common sense says residency started on 01.06.2010 but your statement seems to point otherwise

No, that is exactly what I have said. Where did I say it means 'otherwise'?

You are implying it starts from visa issue date.

(i) refers to leave to enter or remain. A Leave to Enter visa can be valid for 5 years for example, so having that is having valid leave to enter, ie lawful residence. You can also be in the UK and have continuous residence but not have continuous lawful residence. They are two separate things.

Also, it is considered rude and unfair to other posters to tag your questions onto their threads. You should have started your own topic.

Dear moderator,

"it is considered rude and unfair to other posters to tag your questions onto their threads."; the questions I have asked is likely to generate answers relevant to original questions (question no. 2 in particular) asked by the original thread. Regardless, I will shut up myself now. Thanks

nahidhossen wrote: ↑

Sat May 04, 2019 5:56 pm

Dear moderator,

"it is considered rude and unfair to other posters to tag your questions onto their threads."; the questions I have asked is likely to generate answers relevant to original questions (question no. 2 in particular) asked by the original thread. Regardless, I will shut up myself now. Thanks

Point 12 in the forum rules FAQs link below!!

announcements/read-me-getting-started-t ... 24804.html