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Applying ILR, UK entry within 3 months but over 90 days

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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malim_sheikh
Newly Registered
Posts: 8
Joined: Sat Jan 17, 2009 10:24 pm

Applying ILR, UK entry within 3 months but over 90 days

Post by malim_sheikh » Thu Jul 05, 2012 10:27 am

Hi All,
Firstly, hats off to those who contribute here.

My question is a unique one, and I have searched a lot before posting here but couldn't find any related info.

My situation is this
Visa stamped: 02 August 2007
UK Entry: 31 October 2007
Expiring: 2 August 2012

I have an appointment at PEO on 19th July 2012.

The difference between my EC date and my UK entry date is more than 90 days (91 days actually) but it's within 3 calendar months.
I've read this guidance many times, it only states 3 months not 90 days

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

So far I have learned that whenever they talk about different time periods like out of the UK days, they will count days, and for continenous period they look at calendar months. It's just like for contineous 5 years in the UK, they don't actually do 365*5, they just go by calendar months.

I will really appreciate your comments on this.

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

Re: Applying ILR, UK entry within 3 months but over 90 days

Post by cs95tdg » Thu Jul 05, 2012 10:54 am

malim_sheikh wrote: The difference between my EC date and my UK entry date is more than 90 days (91 days actually) but it's within 3 calendar months.
I've read this guidance many times, it only states 3 months not 90 days

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
In my opinion, based on my interpretation of the above guidance I'd say you will be fine. As you have already stated it is 3 months that the guidance states, and not 90 days.

UKBALoveStory
Senior Member
Posts: 746
Joined: Wed Jan 04, 2012 9:25 pm
Afghanistan

Re: Applying ILR, UK entry within 3 months but over 90 days

Post by UKBALoveStory » Thu Jul 05, 2012 12:38 pm

From and including: Thursday, 2 August 2007
To, but not including : Wednesday, 31 October 2007

It is 90 days from the start date to the end date, but not including the end date

Or 2 months, 29 days excluding the end date.

31-10-2007 will not be included as out of country.


See Q17 (http://www.immigrationboards.com/viewtopic.php?t=79378)

malim_sheikh
Newly Registered
Posts: 8
Joined: Sat Jan 17, 2009 10:24 pm

Post by malim_sheikh » Thu Jul 05, 2012 3:43 pm

cs95tdg, thanks a lot for taking time to read the document and reply.

tahirnaveed, you nailed it! it never crossed my mind, before I was thinking it was upto their discretion to accept my application, but now I know it's 90 days and within 3 months.

Thanks a lot guys, you are doing a great job here.

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