confirmation in interpreting UKBA's response on 28 days rule

[somemightsay]

My HSMP entry clearance visa was issued on 28/12/07. I entered the U.K. on 15/1/08. My Tier 1 (general) extension visa expires on 28/12/12.

I emailed UKBA to clarify whether the earliest date that I may apply for indefinite leave to remain is 30/11/12 (28 days before 28/12/12) or 18/12/12 (28 days before 15/1/13).

UKBA answered, "I can confirm that as you did not delay your entry to the UK by more than 28 days after your entry clearance visa start date, it is this date that will be considered to start the continuous period for ILR. Therefore, you will be eligible to apply for ILR 28 days before the 5th anniversary of your HSMP entry clearance start date."

The way that I interpret their message is that the earliest date that I may apply for ILR is 30/11/12. Am I correct or did I misunderstand their response?

[tipu20]

UKBA have clarified this on their website too

from http://www.ukba.homeoffice.gov.uk/sitec ... r/01-rules

//If you have limited leave to enter or remain in the UK and wish to extend your visa, you must apply within 28 days of your current visa expiring. Your application for further leave will be refused if you have overstayed your visa by more than 28 days when you apply.
//

Tipu

My HSMP entry clearance visa was issued on 28/12/07. I entered the U.K. on 15/1/08. My Tier 1 (general) extension visa expires on 28/12/12.

I emailed UKBA to clarify whether the earliest date that I may apply for indefinite leave to remain is 30/11/12 (28 days before 28/12/12) or 18/12/12 (28 days before 15/1/13).

UKBA answered, "I can confirm that as you did not delay your entry to the UK by more than 28 days after your entry clearance visa start date, it is this date that will be considered to start the continuous period for ILR. Therefore, you will be eligible to apply for ILR 28 days before the 5th anniversary of your HSMP entry clearance start date."

The way that I interpret their message is that the earliest date that I may apply for ILR is 30/11/12. Am I correct or did I misunderstand their response?

[kkloon]

Just to clarify slightly, the term "visa" is referring to "Work Permit" or the "Entry Clearance" in the passport?

[wpilr_nov12]

Tipu20, ILR application is not visa or stay extension. that 28 day thing you referred to via UKBA link is not relevant/applicable here.

To educate yourself on the fact (that matter) read this file thoroughly.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Page 4 Bottom half has the information that should help you.