continuous 5 years counting start date

[m4sunny]

Question: Which date is exactly counted towards 5 years continuous stay for Indefinite Leave to Remain (ILR) settlement visa?

I switched from Tier - 1 PSW (Post Study Work) to Tier - 2 approximately five years ago. In November 2011 my Tier - 1 PSW visa expiry was due for expiry. As usual, I applied for Tier - 2 (General) visa before the due date.

Due to a misunderstanding between my sponsor and UKBA Tier 2 case representative, my visa was refused and returned to me in January 2012. The case was sent to the tribunal for appeal and my appeal was allowed. UKBA was proven guilty and I was advised to submit my passport for the visa stamp. In addition UKVI was directed to refund the appeal fee.

On my submission of the passport I was granted a Tier - 2 (General) visa in May 2012. It is worth mentioning that the CoS that was used for this visa was issued in January 2012.

My question is that my five years continuous stay (on Tier - 2) towards settlement is counted from Tier-1 PSW Expiry (November 2011), CoS Issue date (January 2012) or the Visa Stamp Date (Place and Date of Issue: UK, May 2012).

Please advise.

[noajthan]

Moved to ILR forum.

[CR001]

Your 5 years qualifying period for ILR starts from the date your visa was ISSUED.

[m4sunny]

THANKS
Not likable but It was helpful
@CR001

[Obie]

Your 5 years qualifying period for ILR starts from the date your visa was ISSUED.

Correct , just to qualify that statement slightly.

Subject to the person arriving in the UK within 90 days of the issuance of their Entry Clearance under the Point Based System, in the case of Entry Clearance.

But for Leave to Remain, i believe it is the day visa is issued as you correctly stated.

[CR001]

Your 5 years qualifying period for ILR starts from the date your visa was ISSUED.

Correct , just to qualify that statement slightly.

Subject to the person arriving in the UK within 90 days of the issuance of their Entry Clearance under the Point Based System, in the case of Entry Clearance.

But for Leave to Remain, i believe it is the day visa is issued as you correctly stated.

Obie, it has recently changed and HO now allow 180 days and can count towards the annual absence limit if the applicant arrived after visa issue date.

[Obie]

That is amazing. I should get some refresher course of Point Based Systems issues.

[CR001]

That is amazing. I should get some refresher course of Point Based Systems issues.

Page 18 in the link below 'Period between the issue of entry clearance and entering the UK'

https://www.gov.uk/government/uploads/s ... ds-v13.pdf