Eligible for ILR Unsure of Dates

[asfan123]

Please someone can also help me...

Its about my friend ... he requested for advice...

He came to this country as a student on 05 September 2006.

What is the earliest date he can apply for ILR (LR) ... Is it 8th of August or 9th of August 2016 ..

Your advice will be very helpful ..

Thank you

[asfan123]

Any reply please

[tckraju]

Can you give the following info

1.) Entry Clearance valid from date.
2.) Date Entered UK (I assume 05 Sep 2006 as per your message)
3.) Did he stay in the UK all these years legally?

Anyone can advice you only when the above info is provided.

[CR001]

Can you give the following info

1.) Entry Clearance valid from date.
2.) Date Entered UK (I assume 05 Sep 2006 as per your message)
3.) Did he stay in the UK all these years legally?

Anyone can advice you only when the above info is provided.

Entry clearance date is irrelevant if the OP is applying for ILR based on long residence.

[asfan123]

Thanks for your replies ...
Yes he stayed legal through out his stay ...
He meet all requirements. .. only confusion is about the early date confirmation. .. he is currently on tier 1 entrepreneur .... current stay valid till June 2017

[tckraju]

Hi Cr001,

Does the 10 year period not count from the day entry clearance has been issued if the OP has arrived within 90 days of Entry clearance?

[CR001]

Hi Cr001,

Does the 10 year period not count from the day entry clearance has been issued if the OP has arrived within 90 days of Entry clearance?

No, it does not. It starts counting from date of entry for long residence applications. The 90 day concession is ONLY for ILR based on the points based system (not Tier 4).

[CR001]

Thanks for your replies ...
Yes he stayed legal through out his stay ...
He meet all requirements. .. only confusion is about the early date confirmation. .. he is currently on tier 1 entrepreneur .... current stay valid till June 2017

He can apply any time within 28 days before reaching 10 years. It does not have to be on exactly the 28th day. Most people apply on 25th or 24th day just to avoid risk and be on the safe side. It is a lot of money to lose if your calculation is out by 1 day.

As long as he meets the requirements, has paid all his tax and declared all his income and stuck to the rules of ALL his visa, he should be ok.

[NickTheKiwi]

Hi Cr001,

Does the 10 year period not count from the day entry clearance has been issued if the OP has arrived within 90 days of Entry clearance?

No, it does not. It starts counting from date of entry for long residence applications. The 90 day concession is ONLY for ILR based on the points based system (not Tier 4).

Where did this information come from? What is the 90 day concession? According to the 'Indefinite leave to remain: calculating continuous period in UK' from Home Office, there is an allowable period of time when calculating the 5 year continuous stay and it applies to more categories than point based...?

Page 18 of the document states the following:

Period between the issue of entry clearance and entering the UK
The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the relevant 12 month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry.
If the delay is more than 180 days, you can only include time after the applicant entered the UK in the continuous period calculation.

[CR001]

Where did this information come from? According to the 'Indefinite leave to remain: calculating continuous period in UK' from Home Office. This seems to include more categories than points based system....?

This guidance tells you how to calculate the 5 year continuous lawful period in the UK requirement for an applicant in the following categories.

 representative of an overseas business (paragraph 150 of the Immigration Rules)
 UK ancestry (paragraph 192)
 retired person of independent means (paragraph 269)
 domestic workers in private households (paragraph 159G)
 the following sub-categories of the points-based system:
o Tier 1 (Exceptional talent) (paragraph 245BF)
o Tier 2 (General) (paragraph 245HF)
o Tier 2 (Sportsperson) (paragraph 245HF)
o Tier 2 (Minister of religion) (paragraph 245HF)
o Tier 2 (Intra-company transfers) (ICT) granted under the rules in place before 6 April 2010 (paragraph 245GF)
o Tier 5 (International agreement) – private servants in diplomatic households granted entry under rules in place before 6 April 2012 only (paragraph 245 ZS)

It covers the following routes which allow accelerated settlement:
 Tier 1 (Entrepreneur) (paragraph 245DF)
 Tier 1 (Investor) (paragraph 245EF)

It also covers the following categories that are now closed for entry to the UK and extension of leave:
 work permit holder (paragraph 134)
 representative of an overseas newspaper, news agency or broadcasting organisation (paragraph 142)
 employee of overseas governments (except those exempt from control) or the United Nations or other international organisation of which the UK is a member (paragraph 167)
 minister of religion, missionary or member of a religious order (paragraph 176)
 airport-based operational staff of overseas-owned airlines (paragraph 184)
 business person (paragraph 209)
 innovator (paragraph 210G)
 investor (paragraph 230)
 writer, composer or artist (paragraph 238)
 highly-skilled migrant programme (paragraph 135G)
 private servants in diplomatic households (paragraph 158)
 person established in business under a European Community (EC) Association Agreement (paragraph 222)
 Tier 1 (General) (paragraph 245CD) is closed for entry to the UK but leave may be extended under this route

Page 18 of the document states the following:

Period between the issue of entry clearance and entering the UK
The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the relevant 12 month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry.
If the delay is more than 180 days, you can only include time after the applicant entered the UK in the continuous period calculation.

Yes, it does apply to some other categories but does not to a few others, ILR LR included. PBS is the bulk of combination visas for people applying for ILR LR that we see on the forum.

[NickTheKiwi]

Thank you. Sorry, I edited my last post as it was a bit long. I hadn't heard of 90 days but only that the time could be included in the 180 days leave. This concerned me when I first looked to apply as I didn't arrive until 4 weeks after my visa issue. I can see not many questions on ancestry. Anyway, I shouldn't hijack this particular thread as it's a 10 year long thing.

[CR001]

Thank you. Sorry, I edited my last post as it was a bit long. I hadn't heard of 90 days but only that the time could be included in the 180 days leave. This concerned me when I first looked to apply as I didn't arrive until 4 weeks after my visa issue. I can see not many questions on ancestry. Anyway, I shouldn't hijack this particular thread as it's a 10 year long thing.

If you start your own thread, you will get answers. I have had Ancestry visa myself and a small number of members have had ILR success and I can post the long links to their questions and success stories if you have your own topic.