To All Confused People Regarding ILR Qualifying period.. imp

[MACY]

From: Settlement Ops Policy Mailbox
UK Border Agency

27 March 2013

Dear Sir/Madam,

Thank you for your request for information about a shortfall in leave towards the end of the continuous period for ILR. Your request has been treated as a routine enquiry, rather than under the Freedom of Information Act 2000, as it the sort of request that we regularly deal with as part of our normal business.

We are unable to offer advice on individual cases, but can confirm that where an applicant has had a shortfall in their leave up to the end of the continuous period for ILR, it is not always necessary for applicants in such circumstances to make an application for a further extension of leave, as applicants can submit an application for settlement in the 28 days before the end of the qualifying period. They must not apply earlier than 28 days before the end of the qualifying period, and provided that they still have extant leave on the date of application, the shortfall will not be a consideration. Please see below example which may help to explain:

Mr A granted initial leave from 23/03/2009 to 23/03/2011
granted FLR at a PEO from 03/03/2011 to 03/03/2014 = 20 day shortfall up to end of 5 year continuous period

Mr A would be able to apply for ILR would between 24/02/14 and 03/03/14, as this is within 28 days of the end of the continuous period, and he would still have 8 days extant leave.

I trust this is helpful

Settlement operational policy

[hussainkothari]

This is great!

[longshift]

The argument is now settled. Thanks for sharing the above reponse from UKBA.