Need clarification on ILR eligibility and the 28 day rule

[longhorn1]

Below are my details:
HSMP
Date of Entry Clearance - 12/2/2008 to 12/02/2010
Arrived UK - 03/05/2008
Tier 1 (General) - valid from 05/4/2010 to 06/04/2013

When should I start calculating my five years-from 12/2/2008 or 03/05/2008?
The SET (O) form only asked about your arrival date in the UK and no mention of the date on your entry clearance.

Now I read in this forum and my understanding of the guidance is that if the period between the effective date of your entry clearance and the actual date you arrived in the UK is less than 90 days it will be disregarded and you can start clculating your five years from the effective date of your entry clearance.
Please advise.

Longhorn1

[feigoronin]

Below are my details:
HSMP
Date of Entry Clearance - 12/2/2008 to 12/02/2010
Arrived UK - 03/05/2008
Tier 1 (General) - valid from 05/4/2010 to 06/04/2013

When should I start calculating my five years-from 12/2/2008 or 03/05/2008?
The SET (O) form only asked about your arrival date in the UK and no mention of the date on your entry clearance.

Now I read in this forum and my understanding of the guidance is that if the period between the effective date of your entry clearance and the actual date you arrived in the UK is less than 90 days it will be disregarded and you can start clculating your five years from the effective date of your entry clearance.
Please advise.

Longhorn1

Hi,
Your understanding is correct. Since you entered the UK within 90 days of entry clearance being granted, your effective start date will be 12/2/2008.

[longhorn1]

Below are my details:
HSMP
Date of Entry Clearance - 12/2/2008 to 12/02/2010
Arrived UK - 03/05/2008
Tier 1 (General) - valid from 05/4/2010 to 06/04/2013

When should I start calculating my five years-from 12/2/2008 or 03/05/2008?
The SET (O) form only asked about your arrival date in the UK and no mention of the date on your entry clearance.

Now I read in this forum and my understanding of the guidance is that if the period between the effective date of your entry clearance and the actual date you arrived in the UK is less than 90 days it will be disregarded and you can start clculating your five years from the effective date of your entry clearance.
Please advise.

Longhorn1

Hi,
Your understanding is correct. Since you entered the UK within 90 days of entry clearance being granted, your effective start date will be 12/2/2008.

Please be patient with me. I have one more question.
I have booked a PEO appointment for 25/2/2013 for me and 2 dependant children who arrived the UK in 05/03/2008. They are now above 18 so had to apply separately. They were under 18 when we first arrived the UK. They are still my dependants as they both are in Uni and still live with me.
Are we all ok to keep the appointment for the 25th of february irrespective of our dates of arrival in the UK?

Thanks,

Longhorn1

[feigoronin]

Below are my details:
HSMP
Date of Entry Clearance - 12/2/2008 to 12/02/2010
Arrived UK - 03/05/2008
Tier 1 (General) - valid from 05/4/2010 to 06/04/2013

When should I start calculating my five years-from 12/2/2008 or 03/05/2008?
The SET (O) form only asked about your arrival date in the UK and no mention of the date on your entry clearance.

Now I read in this forum and my understanding of the guidance is that if the period between the effective date of your entry clearance and the actual date you arrived in the UK is less than 90 days it will be disregarded and you can start clculating your five years from the effective date of your entry clearance.
Please advise.

Longhorn1

Hi,
Your understanding is correct. Since you entered the UK within 90 days of entry clearance being granted, your effective start date will be 12/2/2008.

Please be patient with me. I have one more question.
I have booked a PEO appointment for 25/2/2013 for me and 2 dependant children who arrived the UK in 05/03/2008. They are now above 18 so had to apply separately. They were under 18 when we first arrived the UK. They are still my dependants as they both are in Uni and still live with me.
Are we all ok to keep the appointment for the 25th of february irrespective of our dates of arrival in the UK?

Thanks,

Longhorn1

Hi,
Here's the guideline note for children aged 18 or over:
*******************
Children aged 18 or over
If you have children who are aged 18 or over, they cannot apply as your child dependants. They may be able to apply to enter the UK as other dependent relatives in exceptional circumstances.

If you have completed your probationary period in the UK and are applying for permision to settle here permanently (known as 'indefinite leave to remain'), you must not include any children aged over 18 in your application (even if they were under 18 when they were given permission to stay as your dependent children). If they are not already settled here, they must apply for settlement separately using application form SET(F).
********************
Link to above: http://www.ukba.homeoffice.gov.uk/visas ... /children/

They must apply individually and not as your dependants. Hope this clarifies your doubt.

[shivasks]

Hi Guys,

So on the application form one needs to mention the actual date of arrival in the UK but calculate the five year period from the Date of Entry Clearance right ?

Cheers,
Shiva

[cs95tdg]

So on the application form one needs to mention the actual date of arrival in the UK but calculate the five year period from the Date of Entry Clearance right ?

Which question on the form are you referring to? And is it the SET(O) form you mean?

The answer to your question, would also depend on how much of a delay there was, i.e. time between EC & date of first arrival.

If you would like answers to questions that are specific to your application/circumstances, it would be best if you created your own topic.

[shivasks]

[quote="cs95tdg"][quote="shivasks"]So on the application form one needs to mention the actual date of arrival in the UK but calculate the five year period from the Date of Entry Clearance right ?[/quote]Which question on the form are you referring to? And is it the SET(O) form you mean?

The answer to your question, would also depend on how much of a delay there was, i.e. time between EC & date of first arrival.

If you would like answers to questions that are specific to your application/circumstances, it would be best if you created your own topic.[/quote]

Hi Guru, my question was based on the dates given by Longhorn1 and form SetO. My EC Stamp date is April 8 2008 and i entered Uk on May 11th 2008 so on the application form i should put date of entry in uk as 11th may but calculate my 5 year period from april 8th right ?

Cheers
Shiva

[cs95tdg]

My EC Stamp date is April 8 2008 and i entered Uk on May 11th 2008 so on the application form i should put date of entry in uk as 11th may but calculate my 5 year period from april 8th right ?

1) Yes - May 11th 2008 is your date of entry.
2) As you entered within 3 months of EC, yes, your 5 year residence for ILR began on April 8 2008.

[shivasks]

Thanks Guru that was quick !

Cheers,
Shiva