ILR 28 Days Clarification !!

[Meetsme]

I understand that this topic has been discussed multiple times.. but i have been told different answers ....

MY details: 

1. UK Work Permit stamped on the 30th April 2008 
2. Entered UK on the 6th of May 2008 
3. Switched job so Work Permit to Tier 2 General - June 2011 
4. Current Tier 2 General valid till June 2014 

When is the earliest i can apply for my ILR.. Is it 28 days before 30th April 2013 (5 years to Entry Clearance Visa stamping date) or 28 days before 6th May 2013 ?

unfortunately I have booked appointment on 3rd april 2013 (28 days before visa stamping) but someone asked me to rebook it to avoid chances of rejection to my application as my visa is valid till june 2014.

getting new date is nightmare so will be great if someone can confirm ASAP

thanks in advance

cheers

[vinny]

See also FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting.

[apahuja]

Unfortunately I have similar issue and very confused about this rule.

So for clarification just pointing to that para:

When does my ILR qualifying period start?
There are two scenarios. One is that ILR qualifying visa (e.g. Work Permit, Tier 1, HSMP, etc) was obtained by switching into that category from another visa whilst still in UK. Second is that ILR qualifying visa was obtained out of country. For first case ILR clock starts from the day the passport was stamped with that visa. For second case ILR clock starts from the day when applicant first entered UK on that qualifying visa. E.g. If someone got Tier 1 visa from out of UK on 1st February 2006 and entered the UK for first time on 20th February 2006, then ILR clock starts from 20th February 2006.

Q4 - What is the earliest day I can apply for ILR?
Unless the 3-month entry concession is applicable (Q5), one can apply no earlier than 28 days before the 4th (HSMP before 03-Apr-06) / 5th (other economic migrants) anniversary of either date of entry in the UK (overseas applications) or date of switching (in-country applications) as a economic migrant in a category that leads to settlement. In all cases, one must apply for ILR or for another visa before expiry of current visa.
Use the date calculator to ascertain the "28 days window".

Does this mean new visa (when visa was applied second time) stamped date? Which will be dd/June/2011 in Meetsme case? Does his ILR clock starts from dd/June/2011 or his first entry date 06/may/2008

I was on wp for approx 5 months and after that switched to Tier 1 so will those 5 months be calculated in ILR required 5 year continuous period or not?

Sorry to ask similar questions but this is been confused at many places. Help appreciated.

[Homzy]

Hi,

Also confused about this, but I did noticed in the latest "Indefinite leave to remain - calculating continuous period in UK" v7.0 valid from 23 January 2013 it says.....

"The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence."

So I think that means you will be ok. I also queried an immigration adviser (www.uk-wp.com) about it and they said:

"The rules have been clarified recently - the days between the date of issue of the visa and the date of first entry count towards the qualifying period, if travel was delayed by no more than 90 days.

We normally recommend that the applicant nevertheless calculate the qualifying period from the date of first entry, however according to UKBA policy, the UKBA should not refuse / reject the application if you have used the issue date of the visa as the start date of your qualifying period
".

I think the FAQ page on this forum might need updating.

[apahuja]

Thanks for the reply. I read V 7 continuous period document and understood the part you explained but there is another para just below according to which the period between EC and entry date will not be counted as qualifying period in some cases. Please let me know your views.

" The period between entry clearance being issued and the applicant entering the UK may be
counted toward the qualifying period, as long as it does not exceed 90 days. This can occur
if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed
90 days, it will not be counted as an absence.
If the absences are in connection with other employment outside the UK, which
demonstrates the UK employment is secondary, these are not permitted absences, and the
continuous period requirement is considered broken. "

As my visa was WP so between EC and Entry date , I was employed outside UK and salary was not in sterling (no UK emp salary - UK emp secondary) so I think this continuous period requirement is broken and that period will not be counted as qualifying period in this particular case (anyone having wp as first visa)

Please suggest!!

[cs95tdg]

Thanks for the reply. I read V 7 continuous period document and understood the part you explained but there is another para just below according to which the period between EC and entry date will not be counted as qualifying period in some cases. Please let me know your views.

" The period between entry clearance being issued and the applicant entering the UK may be
counted toward the qualifying period, as long as it does not exceed 90 days. This can occur
if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed
90 days, it will not be counted as an absence.
If the absences are in connection with other employment outside the UK, which
demonstrates the UK employment is secondary, these are not permitted absences, and the
continuous period requirement is considered broken. "

As my visa was WP so between EC and Entry date , I was employed outside UK and salary was not in sterling (no UK emp salary - UK emp secondary) so I think this continuous period requirement is broken and that period will not be counted as qualifying period in this particular case (anyone having wp as first visa)

Please suggest!!

May I suggest that you start your own topic, providing your immigration history for others to comment - as you may be hijacking the OP's thread here? Please include your Immigration categories, EC date, date of first entry, and any subsequent in-country or out-of-country immigration applications with dates to provide explicit answers.

[cs95tdg]

1. UK Work Permit stamped on the 30th April 2008 
2. Entered UK on the 6th of May 2008 
3. Switched job so Work Permit to Tier 2 General - June 2011 
4. Current Tier 2 General valid till June 2014 

When is the earliest i can apply for my ILR.. Is it 28 days before 30th April 2013 ?

Yes. So long as you did not have any breaks in continuous residence during your 5 year residence.

What was the expiry date of your first WP LTR grant? When did you submit your application to switch from that WP to T2G, was it an in-country application?

Make sure you read the rules applicable to your immigration category as well: http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

[apahuja]

Hi,

I had already submitted separate query on the forum but have not received any response. Can you please respond to any of my query on :

http://www.immigrationboards.com/viewtopic.php?t=130845

Also , I replied to this thread as I have similar situation and discussing on the same issue which original OP has raised so it will help everyone having similar problem. No problem, I can use separate post but unfortunately till now that has not helped.

[Meetsme]

Hi All,

Thanks a lot for all your responses.

My company lawyer are confident that my case should be fine but no one can guarantee and risk of loosing £1377 is on stack. Trouble in my case is my validity of visa.

I am thinking to try my luck tomorrow in Croydon Office. I hope they can advice me before taking the fees.

Most of the my friend are suggesting to rebook the appointment but getting new date is nightmare.

Any confident recommendation before tonight will be highly appreciated.

Finger crossed

[Meetsme]

reply to cs95tdg

What was the expiry date of your first WP LTR grant? 30th April' 2013

When did you submit your application to switch from that WP to T2G
24 June 2011
, was it an in-country application?
Yes in country application [/b]

[skilled_migrant]

reply to cs95tdg

What was the expiry date of your first WP LTR grant? 30th April' 2013

When did you submit your application to switch from that WP to T2G
24 June 2011
, was it an in-country application?
Yes in country application [/b]

According to this information you will be absolutely fine tomorrow. Rule says you can apply 28 days before your qualifying period (which is 5 years in your case) from the date of entry clearance (which is 30th April 2008).

Be confident and share your good news with us tomorrow.

[apahuja]

Hi All,

Thanks a lot for all your responses.

My company lawyer are confident that my case should be fine but no one can guarantee and risk of loosing £1377 is on stack. Trouble in my case is my validity of visa.

I am thinking to try my luck tomorrow in Croydon Office. I hope they can advice me before taking the fees.

Most of the my friend are suggesting to rebook the appointment but getting new date is nightmare.

Any confident recommendation before tonight will be highly appreciated.

Finger crossed

hi meetsme


I called UKBA helpline today to enquire about 28 day rule and they mentioned that if the period between visa issue date and entry date is not exceed 90 days then ILR can be applied 28 days before visa issue date. So I am confirmed that this should be fine. Even my company solicitor mentioned that it will be good. Best of Luck for your application.

Can I request you to please share your experience after the appointment with me as I am in similar situation and would appreciate your help. I had booked appointment for 2 dependant but I am planning to apply for only 1 not for child . I think this should be good as well (as per UKBA customer care) , If possible and you get chance can you consult for same there in peo office. that will be big help.

[Meetsme]

Thanks a lot skilled_migrant and apahuja !!

I will surely update the outcome of my PEO visit tomorrow !!

I will try to get any input on apahuja query as well ...

Cheers all !!

[cs95tdg]

reply to cs95tdg

What was the expiry date of your first WP LTR grant? 30th April' 2013

When did you submit your application to switch from that WP to T2G
24 June 2011
, was it an in-country application?
Yes in country application [/b]

Based on this information, you have no breaks in your continuous residence, so as you yourself have deduced, you will be fine applying 28 days before EC.

[Meetsme]

Hi All,

Once again thanks a lot for your timely replies and help !!

at the outset, today my application is approved in Croydon PEO !!

unfortunately could not ask about apahuja question ....apology for that but honestly it is very difficult to discuss such thing with case worker !!

[Tier1toILR]

Hi All,

Once again thanks a lot for your timely replies and help !!

at the outset, today my application is approved in Croydon PEO !!

unfortunately could not ask about apahuja question ....apology for that but honestly it is very difficult to discuss such thing with case worker !!

Hi Meetsme,

Congratulations on your ILR.

One question to ask though, there is a question in SET(O) which asks for date of FIRST entry to the UK based on which application should be considered. What date did you enter, your entry clearance date or entry to the UK date?

6.1 When did you (the main applicant) first enter the UK? This
refers to the date of your first entry into the UK at the beginning
of the period of stay on which this application is based.

[ammadnasim2]

I would like to apply for ILR my situation is as follows.

Myself
EC Stamped: 23 July 2008
First entry : 10 Oct 2008 (2 Month 20 Day(less then 90 Days)
Visa Expiry: 27 July 2013
Ami I satisfying 5 year Qualifying Period for ILR??


Dependant
EC Stamped: 12 Dec 2010
First entry : 10 Aug 2011 (More then 90 Days)
Visa Expiry: 27 July 2013
2 year Qulaifying period on 9 Aug 2013

Applying on PEO 15 July

Is she satisfying 2 Year Qualifying Period by 28 day Rule for Qualifying period??
Please help in explaining this situation.

[harry_rai]

Hi There

I have a similar query if someone can guide me please.

1 I am on ICT Tier 2 visa.
2 Entered UK on 3rd dec 2009.
3. Visa getting expired on 15-11-2014

When can i apply for ILR ? do i need to extend my visa till 3rd dec 2014 and then need to apply for ILR ?

Please calrify and also let me know the english test criteria that has been changed recently. Last time when i extended my visa in 2012 my college was listed in the list and i got full point for the english based on that. not sure what have changed now.

Appreciate early response on this.

Thanks
Harry

[FaeLLe]

6.1 When did you (the main applicant) first enter the UK? This
refers to the date of your first entry into the UK at the beginning
of the period of stay on which this application is based.

Can someone please answer this, it is a very interesting point to write.

If applying 28 days before visa issuance date what should be written here?
I am assuming still the date that is stamped on the visa activation date.