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Hi,

I had entered UK 1 month after(July 2007) my visa starting period in 2007(June 2007) through HSMP and extended my stay using Tier 1(General) in 2009, as per the modernised guidance
"Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years, provided this period was not longer than three months."
But this rule is not added to the SET(O) guidance, please clarify whether this rule is valid now and anyone has got ILR using this rule.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Thanks in advance.

You can apply 28 days before the 5th anniversary of your Entry Clearance.

There are success stories on this board where people used this section for thier ILR purpose.

All you need to do is to mention this section in your cover letter for your ILR and that will do the job. There are many things not published in the guidance notes.

Hi Sam

Have you been successful with your ILR application under this guidance?

thanks,
AP

sam_raj wrote:But this rule is not added to the SET(O) guidance

Because it's a general application form for several and various types of settlement application. The 3 month late-entry concession does can't be used with every type of settlement application that is covered by SET(O).

I am in Tier 1 general visa(2 years on HSMP and switched to Tier 1 general for 3 years). After I got my initial entry clearance(under HSMP scheme) I entered UK after 2months, 28days (89 days). I was planning to do an extension this month end. Am I eligible and can use this guidance for ILR? Please advice as I am very much confused as some say this is only applicable for Tier2. Reading the guidance document I interpret this is applicable for all Tier's and few other categories. I even checked with 4 solicitors where 2 of them said I can apply with this rule and 2 of them said I can't. I am very confused..please help ..

Please let me know if anyone successfully used this rule to get ILR before 5 years continuous stay....


Initial UK Entry clearance: 25/10/2007
Date of entry to UK : 21/01/2008
Date of expiry of residence permit : 25/10/2012

Yes, you're fine. You can apply after 27 Sept (which is 28 days before the expiry of your current leave).

thanks you very much for confirming..I have booked on 27th Sept ..hope that's okay