28 days qualifying period requirement for ILR

[gabi4]

Hi everyone,

I’m bit confused about 28 days qualifying period requirement for ILR (whether it starts form date of arrival to the UK or data of visa stamped) after reading some posts on this forum and SET O guidelines.
Could anyone please help me in this regard? My visa timelines are as below:
27 Nov 2007 – Issued HSMP visa (valid until 27 Nov 2009)
16 Dec 2007 – Came to the UK
Oct 2007 – renewed Tier 1 (general) visa which is valid until 27 Nov 2012.

So what will be the earliest date I can apply for ILR (either at PEO or via post): (i) 31 Oct 2012 (28 days based on the issue date of visa) or
(ii) 18 Nov 2012 (28 days based on the date of entry to the UK).

My total absences during this period are less than 30 days.

Thank you very much.

[uksettlement]

the short answer is 31 Oct 2012 but for piece of mind you can also apply after 18th Nov as then you then leave no room for any doubt.

[tipu20]

Check Page 3 of SET (O) Guidance

Please do not apply more than 28 days before completing
the qualifying period. If you apply earlier than
that, your application may be refused. If that happens,
we will not refund the fee and you will have to pay
again when reapplying.


http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

Tipu

Hi everyone,

I’m bit confused about 28 days qualifying period requirement for ILR (whether it starts form date of arrival to the UK or data of visa stamped) after reading some posts on this forum and SET O guidelines.
Could anyone please help me in this regard? My visa timelines are as below:
27 Nov 2007 – Issued HSMP visa (valid until 27 Nov 2009)
16 Dec 2007 – Came to the UK
Oct 2007 – renewed Tier 1 (general) visa which is valid until 27 Nov 2012.

So what will be the earliest date I can apply for ILR (either at PEO or via post): (i) 31 Oct 2012 (28 days based on the issue date of visa) or
(ii) 18 Nov 2012 (28 days based on the date of entry to the UK).

My total absences during this period are less than 30 days.

Thank you very much.

[gabi4]

Thanks uksettlement and tipu20 for your replies, but obviously it still does not clarify the confusion around the issue because of two different answers.

So I’m rephrasing my questions:
Can anyone be eligible to apply for ILR 28 days before the end of Visa (5 year category) (under Modernising guidance p-4) if the person has delayed his/her travel by less than 28 days (and not more than 3 months)?
Or is this rule only applicable to people who came 28 days after (and 3 months before) their entry clearance on 5-year visa?
If I’m eligible than I would like to apply 28 days before my visa expires for some personal reasons.

Thank you very much.

[wpilr_nov12]

You have put the two unrelated figures in the same sentence/context and are confusing yourself.

Your five year period is a requirement. How this is constituted depends on other factors.

The 28 days leading to the fifth year completion is when your application will be accepted.

[TOPRASADCP]

Hi ,
Did you get answer to your question ?

I am in the exact same boat .

Got HSMP visa on 23/01/2008 , came to uk on 14/02/2008 and visa valid till 23/01/2013.

For 28 day rule, if i take it as before visa expiry then i can apply for ILR on 26-DEC-2012. If i count from the day i stepped into uk I am eligible to apply from 17-JAN-2013 .

I've gone through old threads and am yet to find any clear answer to this.

Can anyone suggest which of the 2 dates ( 17-JAN-2013 or 26-DEC-2012 ) should i use as first date when i become eligible to apply for ILR?

[gabi4]

Hi TOPRASADCP

I've received a reply from the UKBA which confirms that I can apply 28 days before the expiry of visa (27 Nov 2012):
http://www.immigrationboards.com/viewtopic.php?t=113777

[TOPRASADCP]

Thanks Gabi