- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix
It would probably clearer if you mentioned the actual dates of your EC, date of entry & when your current leave to remain expires to provide guidance on when you would be eligible to apply. But the fact that the CW guidance (i.e. which allows them to consider the time between EC & date of entry towards the 5 year residency) was introduced recently, i.e. after you entered the UK does not mean it wouldn't apply to you.yallow wrote:yes, my current leave is valid until I have stayed here 5 years exactly. I think UKBA gave it to me on purpose so that I didn't have to apply one more time. But they issued it 3 and a half years ago when the 3 month rule didn't exist yet.
So if they were not so generous with me - I would be able to apply earlier but now I have to sit and wait.
I'd say as you have sufficient leave to cover the 5 year residency from date of entry, it would best to apply upto 28 days before the 5th anniversary from date of entry. The CW guidance is catered to help those who do not have sufficient leave to cover the 5 year period. This is my personal opinion based on how I understand the CW discretion guidance below (Page 4).yallow wrote:HSMP visa granted 16/10/2007
Entry to the UK 08/01/2008
Tier 1 visa valid until 08/01/2013
We need to find the right answer for this ,I am in a similar situation and I am seeing different replies by diff people , query iscs95tdg wrote:I'd say as you have sufficient leave to cover the 5 year residency from date of entry, it would best to apply upto 28 days before the 5th anniversary from date of entry. The CW guidance is catered to help those who do not have sufficient leave to cover the 5 year period. This is my personal opinion based on how I understand the CW discretion guidance below (Page 4).yallow wrote:HSMP visa granted 16/10/2007
Entry to the UK 08/01/2008
Tier 1 visa valid until 08/01/2013
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but due to delayed travel will not have spent five 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 five years, provided this period was not longer than three months.
Great news, linkers! Which PEO did you use?linkers wrote:Arj12345: I myself had enough leave to cover 5 years from date of entry but I still benefited from this rule. I also asked the case worker about this and he said that anyone can benefit from this rule.
I personally know a lot of people who applied 28 days before the 5th anniversary of their EC (even though they had enough leave left).
So it’s entirely up to you, if you are not comfortable about applying early, you can still apply 28 days before the 5th anniversary of your first entry to the UK.
so you clearly meanArj12345 wrote:My friend had the same situation as you (2 years work permit, 3 years Tier 1, Tier 1 extension valid till 2014) , he went through a lwayer as well but he applied 28 days from visa validity date (not stamp date) of his work permit and had no issues. The Lawyer also advised him as it is fine.
Please correct me if I am wrong.Arj12345 wrote: Anyway I am going on monday, I will let you know the situation either way
thanks for this information. i suppose this is one of those unwritten rules? or is there a reference somewhere I can use just in case.linkers wrote:I can understand your frustration Arj12345.
Even I have explained this rule so many times on this forum so having a sticky on this topic would be really useful.
To be absent you need to have entered the UK first. Therefore the 85 days you mention cannot be counted as absences, i.e. because you were not in the UK to be absent.appsmaje wrote: I have around 90+ days of vacations away from the UK and have 85 days for this late entry to UK. So I am afraid of this if they count it towards my number of days away.