How to calculate the qualifying date for applying ILR

agrdeepali · Post by **agrdeepali** » Wed Sep 21, 2011 11:07 pm

Dear All,

Could you please advise me what will be qualifying date for me for ILR and when shall I book appointment for in person application for ILR based on the dates provided below:

my entry clearance date = 20 Dec 2006
Date of Entry in UK = 14 Jan 2007
Visa expiry = 20 Dec 2011

Many Thanks

Best Regards

Deepali

Post by **vinny** » Wed Sep 21, 2011 11:14 pm

19 Dec 2011.

agrdeepali · Post by **agrdeepali** » Wed Sep 21, 2011 11:50 pm

vinny wrote:19 Dec 2011.

Thanks Vinny for your quick reply.

Could you please explain why the application date will not be 28 days before my Entry clearance/visa expiry data as the gap of visa issue & my uk entry is less than 90 days.

Regards

Deepali

Post by **geriatrix** » Thu Sep 22, 2011 9:16 am

See also FAQs for ILR - WP/Tier 1/Tier 2/HSMP holders

agrdeepali · Post by **agrdeepali** » Thu Sep 22, 2011 9:48 am

Thanks Sushdmehta for your quick reply.

In FAQ section it is mentioned following. Could you please tell me, According to the FAQ can I treat my Entry Clearance date (20th Dec 2011) as my qualifying date or it should be 19th Dec as venny suggested.

Thanks once again.

Deepali

Q - My current leave as economic migrant expires before I complete the qualifying residential period. Can I apply for ILR?
A - In general you need to arrange another visa before you can apply for ILR to complete required residency period. But, if you delayed your entry in UK by (at most) 3 months from date of issue of entry clearance and fall short of completing the residential qualifying period due to delayed entry in the UK, then one may apply for settlement before the current leave expires.

Post by **geriatrix** » Thu Sep 22, 2011 10:47 am

What in the statement that you quoted above are you not able to understand and wish explained?

agrdeepali · Post by **agrdeepali** » Thu Sep 22, 2011 3:31 pm

What I want to understand is why vinny suggested the date for ILR application to be 19 Dec.

My understanding was that we can apply 28 days before the visa expiry date which means in our case
20 dec (EC clearance) - 28 days = 23 Nov

but it look like vinny calculated the date as following
14 Jan (Date of Entry) - 28 days = 19 Dec

So i am still unsure which of the above two is the correct date for us to apply ILR and why

Many Thanks for your help

Post by **geriatrix** » Thu Sep 22, 2011 3:38 pm

FAQs wrote:Q - When does my ILR qualifying period start?
A - There are two scenarios. One is that ILR qualifying visa (e.g. Work Permit, Tier 1, HSMP, etc) was obtained by switching into that category from another visa whilst still in UK. Second is that ILR qualifying visa was obtained out of country. For first case ILR clock starts from the day the passport was stamped with that visa. For second case ILR clock starts from the day when applicant first entered UK on that qualifying visa. E.g. If someone got Tier 1 visa from out of UK on 1st February 2006 and entered the UK for first time on 20th February 2006, then ILR clock starts from 20th February 2006.

agrdeepali · Post by **agrdeepali** » Fri Sep 23, 2011 9:14 am

Thanks for your reply again. It does answer my initial question.

Now I know that my qualifying date will be 19 Dec however, the difference between our EC and entry date is less than 3 months so can we not make use of this 90 days bracket and apply our ILR before 19 Dec.

what can be the earliest date I can apply for ILR considering the 90 days grace period

Because if I apply for ILR on 19th Dec and it gets rejected then I will have to apply for HSMP extension. However, my visa will expire on 20Dec so I will have no time left to apply for extension before visa expiry

Many Thanks for all your help so far. It is much appreciated

Immigrationboards.com: Immigration, work visa and work permit discussion board

How to calculate the qualifying date for applying ILR

How to calculate the qualifying date for applying ILR