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what is duration to apply for ILR? 4 yrs 11 months or 5 yrs

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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tryingforilr
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what is duration to apply for ILR? 4 yrs 11 months or 5 yrs

Post by tryingforilr » Thu Aug 02, 2012 8:50 am

Well I know that you can technically apply for Indefinite Leave to Remain after 4 years and 11 months for Tier 1. But my question is - the day when i file for ILR (which will be after 4 yrs 11 months) - do i need to prove that i am going to complete 5 yrs of stay in UK?

If above is confusing here is my take

I first arrived in UK on 20th March 2008 - so I complete 5 yrs on 19th March 2013.

So technically i am eligible for ILR from around 22 Feb 2013 (which is 4 yrs & 11 months)

But my current Tier 1 visa is going to expire on 18th March 2013 - JUST ONE DAY before i complete 5 years.

So technically i am eligible to file for ILR but at the same time technically i will not complete 5 yrs (looking at visa dates).

So I have 2 questions
1. Do i need to prove that i am going to complete 5 yrs of stay in UK?
2. If I apply for ILR in Feb 2013 will there be any issues?


Thanks in advance.

UKMASTER
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Post by UKMASTER » Thu Aug 02, 2012 9:11 am

It is the day your visa got stamped from that day the count of 5 years begins and you can apply for ILR within last 28 days of your 5 years completion.

cs95tdg
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Posts: 3152
Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Re: what is duration to apply for ILR? 4 yrs 11 months or 5

Post by cs95tdg » Thu Aug 02, 2012 9:31 am

tryingforilr wrote:Well I know that you can technically apply for Indefinite Leave to Remain after 4 years and 11 months for Tier 1. But my question is - the day when i file for ILR (which will be after 4 yrs 11 months) - do i need to prove that i am going to complete 5 yrs of stay in UK?

If above is confusing here is my take

I first arrived in UK on 20th March 2008 - so I complete 5 yrs on 19th March 2013.

So technically i am eligible for ILR from around 22 Feb 2013 (which is 4 yrs & 11 months)

But my current Tier 1 visa is going to expire on 18th March 2013 - JUST ONE DAY before i complete 5 years.

So technically i am eligible to file for ILR but at the same time technically i will not complete 5 yrs (looking at visa dates).

So I have 2 questions
1. Do i need to prove that i am going to complete 5 yrs of stay in UK?
2. If I apply for ILR in Feb 2013 will there be any issues?


Thanks in advance.
When was your Tier 1 EC granted? I.e. what is the valid from date on your EC vignette in your passport?

Note that the ILR qualifying date will be 28days before the 5th anniversary from your original date of entry OR EC, depending on whether you applied for EC or switched immigration categories in-country.

Read Q3, Q4, Q5 under the following sticky, if you haven't already done so: http://www.immigrationboards.com/viewtopic.php?t=79378

tryingforilr
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Joined: Thu Aug 02, 2012 8:34 am

Post by tryingforilr » Fri Aug 10, 2012 9:21 am

I think i was not clear i am trying to say.

I arrived in UK on 20th March 2008. I came on HSMP & later on Tier 1 (for extensions).

Anyhow bottom line of my question is

I am eligible for filing ILR (as i would have completed 4 yrs & 11 months) but I am not completing 5 years stay. I am falling 1 day short to complete 5 yrs!

-g

wpilr_nov12
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Joined: Wed Mar 07, 2012 11:13 pm

Post by wpilr_nov12 » Fri Aug 10, 2012 9:26 am

tryingforilr wrote:I think i was not clear i am trying to say.

I arrived in UK on 20th March 2008. I came on HSMP & later on Tier 1 (for extensions).

-g
You are very clear on what you are trying to say. But you are missing one important bit that could work in your favour.

What is the EC start date (Visa valid from date). If you entered within 3 months from that date, then you do not need to worry about the 1 day shortfall, IMO.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

Rajuk09
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Joined: Wed May 20, 2009 8:17 pm

Post by Rajuk09 » Fri Aug 10, 2012 9:34 am

tryingforilr wrote:I think i was not clear i am trying to say.

I arrived in UK on 20th March 2008. I came on HSMP & later on Tier 1 (for extensions).

Anyhow bottom line of my question is

I am eligible for filing ILR (as i would have completed 4 yrs & 11 months) but I am not completing 5 years stay. I am falling 1 day short to complete 5 yrs!

-g
Fill in the blanks:

EC Clearance(stamping date) - ----
UK Entry Date - --------
Visa type - ----------
Current Visa type - -------
Visa validity - -----------

tryingforilr
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Joined: Thu Aug 02, 2012 8:34 am

Post by tryingforilr » Tue Aug 14, 2012 2:57 pm

Here you go mate:

EC Clearance(stamping date) : 17th Jan 2008
UK Entry Date - 20th March 2008
Visa type - currently Tier 1 (during entry HSMP)
Current Visa type - Tier 1
Visa validity - 18th March 2013

Thanks in advance!

tier1Reading
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Joined: Thu Jun 14, 2012 12:45 pm

Post by tier1Reading » Tue Aug 14, 2012 3:34 pm

tryingforilr wrote:Here you go mate:

EC Clearance(stamping date) : 17th Jan 2008
UK Entry Date - 20th March 2008
Visa type - currently Tier 1 (during entry HSMP)
Current Visa type - Tier 1
Visa validity - 18th March 2013

Thanks in advance!
You are eligible to apply for ILR on or after
Tuesday, December 20, 2012

http://www.timeanddate.com/date/dateadd ... &ad=28&aw=

tryingforilr
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Joined: Thu Aug 02, 2012 8:34 am

Post by tryingforilr » Tue Aug 14, 2012 6:13 pm

No i don't think so.

I am eligible to file only after 20th Feb 2012. Though my concern about 1 day is resolved.

You see my ILR qualifying visa was obtained out of country hence in my case case ILR clock starts from the day when applicant first entered UK.

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