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10 Years count start date for ILR

Posted: Sun Apr 07, 2019 10:23 am
by afzalkhan
Hello Guys,

I am preparing my 10 Years Long Residency visa.
Here is the important dates.

Student visa 20/07/2009
Arrived UK 29/09/2009
PSW visa 30/10/2012
Tier 1 Entrepreneur applied 28/10/2014
Tier 1 granted 24/12/2015
Tier 1 Extension approved after reconsideration 15/02/2019

I never stay outside uk more than 35 days in year. only travel three time in 10 years history.
First 31 days
2nd 35 Days
3rd multi country visit 35 days.

In my understanding I am eligible to apply for 10 years long residency from 28 days before my first student visa date and that was 20/07/2009 and if i take 28 days off then I can apply on 23/06/20019.

however my colleague said I should have count this 28 days from the date of my entry to the UK however policy guidance say this period will count as you were away from country and it should be included in 180 days stay outside. This Mean I arrived uk after 02 month of visa granted to me.

your thoughts, guidance and opinion much appreciated.

Re: 10 Years count start date for ILR

Posted: Sun Apr 07, 2019 10:27 am
by CR001
Please do not post ILR questions in the Tier 1 Entrepreneur sub forum. Topic moved to the ILR sub forum.
In my understanding I am eligible to apply for 10 years long residency from 28 days before my first student visa date and that was 20/07/2009 and if i take 28 days off then I can apply on 23/06/20019.
No it does not. Your clock for ILR based on long residence starts from the date you ENTERED the UK. You can apply no sooner than within 28 days before 29th September 2019.
however my colleague said I should have count this 28 days from the date of my entry to the UK however policy guidance say this period will count as you were away from country and it should be included in 180 days stay outside. This Mean I arrived uk after 02 month of visa granted to me.
Which policy guidance are you referring to??? Is it the one that specifically says it is for PBS route ILR applications??

Re: 10 Years count start date for ILR

Posted: Sun Apr 07, 2019 10:34 am
by afzalkhan
Thanks. I think i have read the wrong policy guidance. Thanks for the reply. I will prepare my application accordingly 28 days before 29/09/2019.

Re: 10 Years count start date for ILR

Posted: Sun Apr 07, 2019 10:38 am
by CR001
Long residence guidance in link below.

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

Re: 10 Years count start date for ILR

Posted: Sun Apr 07, 2019 10:57 am
by afzalkhan
Thanks dear Much appreciated.
Actually i was reading this

https://www.gov.uk/long-residence/eligibility

I misunderstand this eligibility requirements. quoted

"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"

This is on homeoffice website. That i actually misunderstood.

Re: 10 Years count start date for ILR

Posted: Sun Apr 07, 2019 12:22 pm
by CR001
afzalkhan wrote:
Sun Apr 07, 2019 10:57 am
Thanks dear Much appreciated.
Actually i was reading this

https://www.gov.uk/long-residence/eligibility

I misunderstand this eligibility requirements. quoted

"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"

This is on homeoffice website. That i actually misunderstood.
The permission to stay in the UK refers to people already in the UK with no status and regularised their stay, ie discretionary leave to remain applied for within the UK.

Re: 10 Years count start date for ILR

Posted: Tue Apr 09, 2019 11:50 am
by afzalkhan
Thanks now i got the complete understanding on this.

One more thing to ask..
Should i need to have send the job creation and other business documents employee pay slips, Business bank statements, Current appointment reports for 10 year ILR route application. one my my employees had just left the job form 04 April 2019. I have one full time and one part time employee only at this time of the day.

Re: 10 Years count start date for ILR

Posted: Tue Apr 09, 2019 11:59 am
by CR001
afzalkhan wrote:
Tue Apr 09, 2019 11:50 am
Thanks now i got the complete understanding on this.

One more thing to ask..
Should i need to have send the job creation and other business documents employee pay slips, Business bank statements, Current appointment reports for 10 year ILR route application. one my my employees had just left the job form 04 April 2019. I have one full time and one part time employee only at this time of the day.
NO!! It is minimal documents for ILR LR.

However, HO could ask for ANY additional documents if they wish to.