5 year continuous period for settlement (ILR) start?

[imran731]

Dear all,

I received my Tier-1 extension last year at PEO but unfortunately my visa was not extended as I thought.

Tier1 Visa: 19 March 2010 to 19 March 2013

Tier-1 extension rule says you can apply within 28 days before the expiry of visa so I applied on 23 Feb 2013 and got visa extended for 23 Feb 2015.

At the time of appointment, I raised this question to the case worker of not issuing visa uptill 19 March and he told me "Since you made your 1st Tier-1 application by post on 6 Feb 2010 so your ILR time period starts from 6 Feb 2010 instead of 19 March and would be eligible for 28 days before 6th Feb 2015"

Can anybody please tell me if case worker argument is correct or not. What are my options in this case?

Kind Regards
Imran

[vinny]

Are you talking about Tier 1 (General)?

What immigration category were you before that? If it wasn't in a category that could be included for settlement, then

I think it started from when you first switched to Tier 1 (General), i.e. when the Tier 1 (General) leave was initially granted.

[imran731]

Before Tier-I , I was in PSW category which is not included for ILR.

Is it not written somewhere, time period starts from the date of application received by post.

[vinny]

My understanding is that your previous leave is "treated as continuing" under Section 3C/3D.

[imran731]

According to UKBA, PSW is not counted for 5 yrs ILR. How and why caseworker told me timeperiod starts from the date of application send by post.

[vinny]

Don't worry about it.

You may still safely apply for ILR between 19 Feb 2015 and 22 Feb 2015.

[imran731]

Thanks Vinny but this leaves me an option of 1 day only of 20 Feb which is Friday.

[UKBALoveStory]

Don't worry about it.

You may still safely apply for ILR between 19 Feb 2015 and 22 Feb 2015.

Q36 - Does PSW leave count towards ILR?
No and yes. Time spent in UK under Tier 1 (PSW) or IGS or SEGS or PFT (permit free training) or as student nurse cannot be included when applying for settlement under economic route (WP / HSMP / PBS). However if applying under 10 years long stay ILR category any legal stay in the UK (including those under immigration categories mentioned above) can be included

[Amber]

Then make sure you book an appointment for 20th Feb, if not, apply by post on 19th.

[imran731]

Thanks Guys.