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Basic Date of first entry queries

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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flybird
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Posts: 27
Joined: Mon Mar 05, 2012 2:23 pm
Location: London

Basic Date of first entry queries

Post by flybird » Fri Jul 15, 2016 1:42 am

Hello,

My situation is described below:
30/03/2009 -Tier 1 general granted (3 year validity) that's under rules before 31/03/2009
29/07/2009 - First entered UK, Visa vignette stamped with this date.
Stayed about a month but went back.
12/06/2010 - Rentered to stay after almost a year, counter reset.
Since then have stayed regulary and have had two extensions - one in 2012(for 2 years) then in 2014 (for 3 years) which is expiring in feb 2017.

Now since 12/06/2010 I went on following vacations (absences from UK):
10/03/2011 - 03/04/2011 - 24 days
04/04/2012 - 22/04/2012 - 18 days
22/08/2013 - 08/09/2013 - 17 days
17/01/2014 - 26/01/2014 - 09 days
Which isn't very significant, only 68 days in total.

Now I wish to apply for ILR in July 2016 so my 5 year qualifying period should begins somewhere in July 2011.

q1: Does that mean that my "Date of First Entry into the UK" as in section 6.1 of immigration history would be 03/04/2011?

q2: Would then I have to mention about by absences after 03/04/2011 only?

q3: In section 7 (Personal History) 7.13 asks about How long have you lived in the UK (years/months). Should this be based on my re-entry on 12/06/2010 or from the beginning of my 5yr qualifying period beginning 03/04/2011?

Will appreciate any help!

iberia
Newly Registered
Posts: 10
Joined: Fri Jul 15, 2016 6:01 pm

Re: Basic Date of first entry queries

Post by iberia » Fri Jul 15, 2016 6:12 pm

flybird wrote:Hello,

My situation is described below:
30/03/2009 -Tier 1 general granted (3 year validity) that's under rules before 31/03/2009
29/07/2009 - First entered UK, Visa vignette stamped with this date.
Stayed about a month but went back.
12/06/2010 - Rentered to stay after almost a year, counter reset.
Since then have stayed regulary and have had two extensions - one in 2012(for 2 years) then in 2014 (for 3 years) which is expiring in feb 2017.

Now since 12/06/2010 I went on following vacations (absences from UK):
10/03/2011 - 03/04/2011 - 24 days
04/04/2012 - 22/04/2012 - 18 days
22/08/2013 - 08/09/2013 - 17 days
17/01/2014 - 26/01/2014 - 09 days
Which isn't very significant, only 68 days in total.

Now I wish to apply for ILR in July 2016 so my 5 year qualifying period should begins somewhere in July 2011.

q1: Does that mean that my "Date of First Entry into the UK" as in section 6.1 of immigration history would be 03/04/2011?

q2: Would then I have to mention about by absences after 03/04/2011 only?

q3: In section 7 (Personal History) 7.13 asks about How long have you lived in the UK (years/months). Should this be based on my re-entry on 12/06/2010 or from the beginning of my 5yr qualifying period beginning 03/04/2011?

Will appreciate any help!
I am in similar case. There is a 180 days break before my first extension so I extended my visa twice. Of course the five - year period is based on the day of entry AFTER the 180 days absence break. The question is in the application form, which date shall we put in ?

Abc499
Member
Posts: 226
Joined: Sat Apr 30, 2016 9:12 pm

Re: Basic Date of first entry queries

Post by Abc499 » Fri Jul 15, 2016 6:29 pm

@flybird

probably its better to use when you entered first time, on your case 29/07/2009. However, I do not think this will lead to any major issue (but for you i think its better to use 29/7/2009, its the first entry).

flybird
Newly Registered
Posts: 27
Joined: Mon Mar 05, 2012 2:23 pm
Location: London

Re: Basic Date of first entry queries

Post by flybird » Sat Jul 16, 2016 2:53 am

Section 6.1 of SET O form reads as follows:

6.1 When did you (the main applicant) first enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based.

So I think @Abc499 your suggestion is misleading to suggest me to put it as a date after which I have broken the "continuous residence/180 days" condition. Had that been the case I might have never needed to go for second extension and would have had applied for ILR some 2.5 years ago!

I believe it would be counted 5 years backwards from my intended ILR application in July 2016.
Any experienced/knowledgeable experts? Could I have your learned opinions please?

Abc499
Member
Posts: 226
Joined: Sat Apr 30, 2016 9:12 pm

Re: Basic Date of first entry queries

Post by Abc499 » Sat Jul 16, 2016 8:13 am

flybird wrote:Section 6.1 of SET O form reads as follows:

6.1 When did you (the main applicant) first enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based.

So I think @Abc499 your suggestion is misleading to suggest me to put it as a date after which I have broken the "continuous residence/180 days" condition. Had that been the case I might have never needed to go for second extension and would have had applied for ILR some 2.5 years ago!

I believe it would be counted 5 years backwards from my intended ILR application in July 2016.
Any experienced/knowledgeable experts? Could I have your learned opinions please?
I think here everyone suggest voluntarily and based on there own experience/reading, so yes I might be wrong. But I strongly believe to accuse misleading we should give some reference, so it will help to correct the person who mislead and will also help other members who have similar issue. If you know the answer I have given is misleading (considering the answer misleading) then you already know the answer very clearly before asking the question on this forum because there is two available option on this case.

However, someone known to me contacted HO on similar case (was gap of around 1 year) and applied ILR completing 5 years after the Gap. HO advise to use the first entry date of T1. Continuous residency require last 5 years, even if first entry date used then still it doesn't make any inconsistency on the last 5 years of prior application. (This is I have learned from face to face discussion and do not have any evidence with me).

I would request you to update here, once you find actual/lawful answer of your question so that I can correct myself. thanks

flybird
Newly Registered
Posts: 27
Joined: Mon Mar 05, 2012 2:23 pm
Location: London

Re: Basic Date of first entry queries

Post by flybird » Sun Jul 17, 2016 12:18 pm

Apologies @Abc499 i ment no offence to your voluntary service on the board.

I respect your advice in good faith, but I am looking for some definitive answers preferably by some senior members here.
Please Admins, can you please urgently jump in and advise? I need to file my app on july 20th.
Thanks

flybird
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Posts: 27
Joined: Mon Mar 05, 2012 2:23 pm
Location: London

Re: Basic Date of first entry queries

Post by flybird » Tue Jul 19, 2016 4:25 pm

Hello experts!!
Need your help please. Thanks

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Re: Basic Date of first entry queries

Post by cs95tdg » Tue Jul 19, 2016 9:45 pm

flybird wrote:Hello,

My situation is described below:
30/03/2009 -Tier 1 general granted (3 year validity) that's under rules before 31/03/2009
29/07/2009 - First entered UK, Visa vignette stamped with this date.
Stayed about a month but went back.
12/06/2010 - Rentered to stay after almost a year, counter reset.
Since then have stayed regulary and have had two extensions - one in 2012(for 2 years) then in 2014 (for 3 years) which is expiring in feb 2017.

Now since 12/06/2010 I went on following vacations (absences from UK):
10/03/2011 - 03/04/2011 - 24 days
04/04/2012 - 22/04/2012 - 18 days
22/08/2013 - 08/09/2013 - 17 days
17/01/2014 - 26/01/2014 - 09 days
Which isn't very significant, only 68 days in total.

Now I wish to apply for ILR in July 2016 so my 5 year qualifying period should begins somewhere in July 2011.

q1: Does that mean that my "Date of First Entry into the UK" as in section 6.1 of immigration history would be 03/04/2011?

q2: Would then I have to mention about by absences after 03/04/2011 only?

q3: In section 7 (Personal History) 7.13 asks about How long have you lived in the UK (years/months). Should this be based on my re-entry on 12/06/2010 or from the beginning of my 5yr qualifying period beginning 03/04/2011?

Will appreciate any help!
q1) You could enter, either date. If you search this forum you will find this type of question asked by many in the past - with both dates being suggested based on individual perspective. Personally I'd just mention your first date of entry to keep it simple. This will not affect your 5 year qualifying residence period in any way. Absences outside the most recent 5 year residence period are irrelevant when it comes to this application.
q2) Only your absences during the 5 year qualifying period need to be listed here. Count back 5 years from your ILR application date.
q3) My interpretation of the purpose of this question is that it's to establish that you've lived in the UK throughout your residential qualifying period. So if you had a very long absence since your initial entry I'd just base it on the period from your second entry.

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