Calculation of Days for ILR

[hisasi]

Hi Every one,

I got my Tier 1 visa and it is valid from March 27 2007 and I landed in UK on July 18 ie. after 113 days after visa start date. By this March 27 2012(5 years from March 27 2007 ) , will I be eligble for ILR application and Do I have to do another extension upto July 18?

Thanks
Sasi

[happ_go_lucky]

Hi Every one,

I got my Tier 1 visa and it is valid from March 27 2007 and I landed in UK on July 18 ie. after 113 days after visa start date. By this March 27 2012(5 years from March 27 2007 ) , will I be eligble for ILR application and Do I have to do another extension upto July 18?

Thanks
Sasi

Upto 90 days gap between Visa validity date and the date of entering UK has chances of getting included in your 4 years 11 months residency period at discretion of the case worker. But since you have more than 90 days gap, i think you will be eligible to apply 28 days before July 18 2012.

The above is as per my knowledge, you may want to get it confirmed by one of the seniors/moderators.

[mailppk]

Hi , 3 month waived, so you have to go for another extn.

you can email
SettlementOpsPolicy@homeoffice.gsi.gov.uk

see reply to my query from UKBA...I entered late by 2 months.

Dear Mailppk,

Thank you for your enquiry regarding your eligibility to apply for settlement in the UK. I can confirm that as per the modernised guidance to which you refer, caseworkers can count an absence from the UK at the beginning of the Entry Clearance leave, for a period of up to 3 months.

You delayed your entry to UK for up to 2 months, which is within the permitted limit, therefore I can confirm that you will be eligible to apply for ILR 28 days before your HSMP entry clearance start date.

I trust this answers your question

Regards

UK Border Agency – Settlement Ops Policy

[khalidmirza]

Hi Every one,

I got my Tier 1 visa and it is valid from March 27 2007 and I landed in UK on July 18 ie. after 113 days after visa start date. By this March 27 2012(5 years from March 27 2007 ) , will I be eligble for ILR application and Do I have to do another extension upto July 18?

Thanks
Sasi

you have to go for another extension. then you can apply 28 days before 18th jul . Three months waiver is usually granted but still it discretionary. Safe bet is go for extension

[navfmc]

I have same problem and discussed with Malik law associate and he advise me there is only 28 days gap allowed

[mailppk]

Hi hisasi

only 3 month waiver is given...
so you have to go for another extn.

Regards,

[navfmc]

I wrote to ukba on this issue and their reply
Is very clear. If someone is applying for ILR under
Set O then his first entry should not be delayed
for more then 90 days or three months. In my case
My days are 92 but months are three. I am allowed to
apply for ILR because of three month rule.

[tier_2_applicant]

Hello,

Will the three month waiver be given only if the leave is about to expire and without the waiver the candidate will have to get another extension?

My visa was stamped on 7th Dec 2007 and I came to UK on 5th Jan 2008. My current leave is valid till 2014. So when will I be eligible to apply - 28 days before 7th Dec 2012 or 28 days before 5th Jan 2013?

Many thanks.

[navfmc]

You can apply 28 days before your current visa expiry date. It has nothing to
do with your arrival date

[mailppk]

HI tier_2_applicant

no u dont need to worry about via expiry date.mine was valid till may mid.
but got ILR beginining feb based on 28 days before hsmp stamp date.

Regards,

[tier_2_applicant]

Many thanks navfmc, mailppk.

Mailppk,
Unlike you I arrived on Work Permit - will that make a difference?

Thanks.