28 days confusion of ILR

[Jerry_lin0414]

Hello All
I am bit confused about 28 days eligible of applying ILR,
My visa is issued on 28 May 2007,
entry uk on 18 June 2007,
So could u guys tell me when does Home office start counting the 28 days of applying ILR,I have got a PEO appointment on 16 May,is that ok or it is too early?
This is really urgent,otherwise I have to reschedule it ????
Many thanks

[cs95tdg]

Am I correct in assuming you are applying for ILR as a economic migrant, i.e. after 5 years residency? I.e. Work Permit, Tier 1, 2 etc...

If you haven't broken any of rules that apply to ILR eligibility for the 5 years, then based on the dates mentioned you can subtract 28 from 5 years added to the original EC date "28 May 2012" to determine the earliest date you can apply for ILR. You can use the date calculator below, looking the date you have booked you should be fine.

http://www.timeanddate.com/date/dateadd.html

In terms of your entry date, I don't see that being a problem because of the following CW guidance & rule:

2.2 Applications that fall short of the five year continuous period
In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months.

Please note however that you will need to ensure you have met all other ILR residency requirements as well.

[Jerry_lin0414]

Am I correct in assuming you are applying for ILR as a economic migrant, i.e. after 5 years residency? I.e. Work Permit, Tier 1, 2 etc...

If you haven't broken any of rules that apply to ILR eligibility for the 5 years, then based on the dates mentioned you can subtract 28 from 5 years added to the original EC date "28 May 2012" to determine the earliest date you can apply for ILR. You can use the date calculator below, looking the date you have booked you should be fine.

http://www.timeanddate.com/date/dateadd.html

In terms of your entry date, I don't see that being a problem because of the following CW guidance & rule:

2.2 Applications that fall short of the five year continuous period
In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months.

Please note however that you will need to ensure you have met all other ILR residency requirements as well.

Hi cs95tsg
I am on 5-yrs work permit,thanks

[dimsav]

My visa is issued on 28 May 2007,
entry uk on 18 June 2007,
So could u guys tell me when does Home office start counting the 28 days of applying ILR,I have got a PEO appointment on 16 May,is that ok or it is too early?

The 5 years clock starts from the date of your first entry, 18 June minus 28 days gives 22 May as the earliest day.

I think it is most likely that you wont be allowed to apply on the 16th, as it is too early, and you'll still have time (until 28 May) to apply within the normal time frame. Try to call UKBA and rebook your appointment.

[khalidmirza]

My visa is issued on 28 May 2007,
entry uk on 18 June 2007,
So could u guys tell me when does Home office start counting the 28 days of applying ILR,I have got a PEO appointment on 16 May,is that ok or it is too early?

The 5 years clock starts from the date of your first entry, 18 June minus 28 days gives 22 May as the earliest day.

I think it is most likely that you wont be allowed to apply on the 16th, as it is too early, and you'll still have time (until 28 May) to apply within the normal time frame. Try to call UKBA and rebook your appointment.

True. If you are with in visa expiry limit, then the concession available of travelling within 90 days does not apply. It is still discretionary and case worker can comfortably refuse you citing the date as 22 May to apply as you will still have leave to remain

[cs95tdg]

Yes, apologies I have used the incorrect date in my response above. Both khalidmirza & Jerry_lin0414 are correct in that it should be the Entry date in case of overseas applications. So the earliest you should apply would be 18 June 2012 - 28 days as it's within your original visa validity period.

I.e. As stated below:
Q - What is the earliest day I can apply for ILR?
A - One can apply no earlier than 28 days before the 2nd (family route) / 4th (HSMP before 03-Apr-06) / 5th (other economic migrants) anniversary of either date of entry in the UK (overseas applications) or date of switching (in-country applications). In all cases, one must apply for ILR or for another visa before expiry of current visa.

[rneeta]

hi please see this link who got ILR after counting from the date of visa issue
http://www.immigrationboards.com/viewtopic.php?t=102540

[nionlight]

It is from Visa start date. Not entry date as long as you entered within 90 days of visa validity date.[/u]

[khalidmirza]

It is from Visa start date. Not entry date as long as you entered within 90 days of visa validity date.[/u]

2.2 Applications that fall short of the five year continuous period
In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months.
MAY means discretion
Set(O) form guidance says
There is a qualifying period to complete in most of the
categories on this form. It runs either from
- the date on which you entered the UK with a visa
in the relevant category; or, if you did not enter the
UK with such a visa, from
- the date on which you were first granted permission
to remain in the UK in the relevant category

So it clearly says date of entry

[dimsav]

It is from Visa start date. Not entry date as long as you entered within 90 days of visa validity date.[/u]

2.2 Applications that fall short of the five year continuous period
In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months.
MAY means discretion
Set(O) form guidance says
There is a qualifying period to complete in most of the categories on this form. It runs either from
- the date on which you entered the UK with a visa in the relevant category; or, if you did not enter the UK with such a visa, from
- the date on which you were first granted permission to remain in the UK in the relevant category

Exactly, the date of first entry! @nionlight -- please try not to give unsupported advice.

@Jerry_lin0414 -- your earliest date is 22 May, as I have already explained above. (If you still decide to go on the 16th, it will be totally a gamble...)

[Devb]

@ dimsav:
So how you then interpret the CW guidelines which giving the 90-days grace period (in CW discretion of course)

There are few success stories in the forum who got benefit from this guide and all used the Entry Clearance date (visa date).

A senior member would give more clarity

[push]

See the modernised guidance. A number of people have successfully got their ILR benefitting from the provisions contained therein.

[dimsav]

@ dimsav:
So how you then interpret the CW guidelines which giving the 90-days grace period (in CW discretion of course)

Precisely as it stands: this is a CW discretion and not the applicant's right.

There are few success stories in the forum who got benefit from this guide and all used the Entry Clearance date (visa date).

One should read these stories very carefully, with all the details, otherwise it creates misunderstanding like the one above.
To summarize:
- you have the right to apply for ILR not more than 28 days before the end of your qualifying period (of 5 years);
- only if you cannot apply before your visa expires due to the late entry, a CW is given a discretion of counting "the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months."

Hope this clarifies the situation a bit.

[Prem2012]

Hello,
I am really seeking an advice on 28 days eligibility.

Here is my situation:

My first WP granted on 14-Jun-2007
Entered into UK on 28-Jul-2007
Got Tier 1 on 05-Aug-2008
Renewed Tier 1 valid till : 05-Aug-2013

Now since 4 years 11 months eligibility criteria, I have booked an appointment on 29th June 2012. However now reading on guidance it states that do not apply 28 days before completing qualifying period as per Below its coming to 30-June

http://www.timeanddate.com/date/dateadd ... &ad=28&aw=

Can some one help me understanding whether I'm risking my fees if I apply a day before eligibility? I have read CW guidance which says in case of short CW may count days from the date when Entry Clarence been granted

2.2 Applications that fall short of the five year continuous period
In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months.

Please can some one help? It's really urgent.

Thanks,Prem

[cs95tdg]

Hello,
I am really seeking an advice on 28 days eligibility.

Here is my situation:

My first WP granted on 14-Jun-2007
Entered into UK on 28-Jul-2007
Got Tier 1 on 05-Aug-2008
Renewed Tier 1 valid till : 05-Aug-2013

Now since 4 years 11 months eligibility criteria, I have booked an appointment on 29th June 2012. However now reading on guidance it states that do not apply 28 days before completing qualifying period as per Below its coming to 30-June

http://www.timeanddate.com/date/dateadd ... &ad=28&aw=

Can some one help me understanding whether I'm risking my fees if I apply a day before eligibility? I have read CW guidance which says in case of short CW may count days from the date when Entry Clarence been granted

2.2 Applications that fall short of the five year continuous period
In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months.

Please can some one help? It's really urgent.

Thanks,Prem

Based on the information you have provided you are eligible to apply 28 days before the 5th anniversary from your date of entry into the UK. i.e. 28/07/2012 - 28days.
The concession you have mentioned applies to those who fall short of the required 5 years residency period due to late entry into the UK, but in your case you do not. (i.e. your leave ends on 05/08/2013)

In my opinion, you should reschedule your appointment if you want to avoid the possibility of being turned away on the day.

[geriatrix]

My first WP granted on 14-Jun-2007
Entered into UK on 28-Jul-2007
Got Tier 1 on 05-Aug-2008
Renewed Tier 1 valid till : 05-Aug-2013

Based on the information you have provided you are eligible to apply 28 days before the 5th anniversary from your date of entry into the UK. i.e. 28/07/2012 - 28days.

Read Q5.

Now since 4 years 11 months eligibility criteria, I have booked an appointment on 29th June 2012.

The isn't and never was such a - 4 year 11 months - criteria.

[push]

Hello,
I am really seeking an advice on 28 days eligibility.

Here is my situation:

My first WP granted on 14-Jun-2007
Entered into UK on 28-Jul-2007
Got Tier 1 on 05-Aug-2008
Renewed Tier 1 valid till : 05-Aug-2013

Now since 4 years 11 months eligibility criteria, I have booked an appointment on 29th June 2012. However now reading on guidance it states that do not apply 28 days before completing qualifying period as per Below its coming to 30-June

http://www.timeanddate.com/date/dateadd ... &ad=28&aw=

Can some one help me understanding whether I'm risking my fees if I apply a day before eligibility? I have read CW guidance which says in case of short CW may count days from the date when Entry Clarence been granted

2.2 Applications that fall short of the five year continuous period
In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months.

Please can some one help? It's really urgent.

Thanks,Prem

One can apply within 28 days before completing the qualifying period. However, as you have sufficient time within the current leave to complete the qualifying period, technically you can not benefit from the relaxation afforded by the quoted modernised guidance.

[Prem2012]

Thank you for such a prompt response push, sushdmehta,cs95tdg.
I really appreciate you help.

So overall it looks like its wise to cancel my 29th-June appointment as my 28 days qualifying is on 30-June. Just one day shortfall.

I will try to re-schedule it for later date when apply online system is up and running.

Thanks, Prem

[rupeshchandwani]

My first WP granted on 28 may 2008
Entered Uk on 04-Jun-2008
 Got Tier 1 on 12-May-2011 valid till : 12 may 2013
Taken appointment for Ilr for 1 may 2013.

Please suggest if this is alright.

[techie78]

Guys, I also need the same clarification


My EC stamp date: 2nd May 2008
First Entry: 2nd June 2008
Current Tier 2 ICT valid : 2nd June 2013

I have taken an appointment on 19th April, based on 5 year calculation from EC date..

Can you please confirm if this is correct.. i have asked this in the past and i have been informed that it is correct..

Can the senior members confirm..

[techie78]

Please see Q&A in one of the auto response i received from settlement Ops policy mailbox

Employment Routes: Continuous Residence

Q. When does my 5 year continuous period for settlement (ILR) start?
A. The continuous period is counted backwards from the date of application for ILR.
Example: Application date 11 November 2012

Year 1 11 November 2012 to 12 November 2011
Year 2 11 November 2011 to 12 November 2010
Year 3 11 November 2010 to 12 November 2009
Year 4 11 November 2009 to 12 November 2008
Year 5 11 November 2008 to 12 November 2007

Q. I received my grant of leave but delayed my entry to the UK; have I broken the 5 year continuous period for ILR?
A. No. Provided the delay was no longer than 90 days, we will count the time between you being granted entry clearance and coming to the UK towards the continuous period for ILR,

Q. If I delayed my entry to the UK by less than 90 days, can I still apply at a PEO 28 days before my leave expires?
A. Yes you can still make your application at a PEO 28 days before your current leave expires

[techie78]

Gurus/Senior members,

Can you please comment on this?..

Please see Q&A in one of the auto response i received from settlement Ops policy mailbox

Employment Routes: Continuous Residence

Q. When does my 5 year continuous period for settlement (ILR) start?
A. The continuous period is counted backwards from the date of application for ILR.
Example: Application date 11 November 2012

Year 1 11 November 2012 to 12 November 2011
Year 2 11 November 2011 to 12 November 2010
Year 3 11 November 2010 to 12 November 2009
Year 4 11 November 2009 to 12 November 2008
Year 5 11 November 2008 to 12 November 2007

Q. I received my grant of leave but delayed my entry to the UK; have I broken the 5 year continuous period for ILR?
A. No. Provided the delay was no longer than 90 days, we will count the time between you being granted entry clearance and coming to the UK towards the continuous period for ILR,

Q. If I delayed my entry to the UK by less than 90 days, can I still apply at a PEO 28 days before my leave expires?
A. Yes you can still make your application at a PEO 28 days before your current leave expires

[cs95tdg]

Gurus/Senior members,

Can you please comment on this?..

What exactly is your question here? The statements from the FAQ auto-response you have posted appear to be pretty self-explanatory to me. Is there something specific you wanted to get clarity on here?

[techie78]

Sorry.. i was quoting the FAQ auto-response to support my query below

Guys, I also need the same clarification


My EC stamp date: 2nd May 2008
First Entry: 2nd June 2008
Current Tier 2 ICT valid : 2nd June 2013

I have taken an appointment on 19th April, based on 5 year calculation from EC date..

Can you please confirm if this is correct.. i have asked this in the past and i have been informed that it is correct..

Can the senior members confirm.

Gurus/Senior members,

Can you please comment on this?..

What exactly is your question here? The statements from the FAQ auto-response you have posted appear to be pretty self-explanatory to me. Is there something specific you wanted to get clarity on here?

[CSREDDY25]

I have been following this post, but still confused.
Could you please kindly let me know when i am eligible to apply for ILR?

1) TIER-1 EC stamp: 21/09/2008 (India)
2) Date of Entry into UK: 12/10/2008

3) Tier-1 extended in UK and currently valid until 04/10/2013.

which date I should consider now to count 28 days backwards? 21/09/2013 or 12/10/2013 or 04/10/2013 ?


Also for example, if my application date is 16/09/2013 (considering 28 days before date of entry date), then when i calculate absences
1) year 1: 16/9/2013 to 17/09/2012
2) year 2: 16/09/2012 to 17/09/2011
3) year 3: 16/09/2011 to 17/09/2010
4) year 4: 16/09/2010 to 17/09/2009
5) year 5: 16/09/2009 to 17/09/2008.

How to calculate year 5 absences. My date of entry into the UK is 12/10/2008. Should I calculate 17/09/2008 to 12/10/2008 as absences?

Very much appreciate your reply.