Qualifying Period Question

[Natedogg]

Hi Everyone,

Im about to apply for ILR from T1 General. My original T1 visa was valid from 13/01/2009 and I entered the UK on 16/01/2009. I understand that under the 90 day concession, I can take the qualifying period from 13/01/2009 which means I qualify for ILR on 13/01/2014. As such, I understand I can make the application within 28 days of 13/01/2014 (i.e after 16/12/2013).

However, question 9A D of the SET(o) form has confused me as it asks whether I have spent a continuous 5 year period in the UK. My question is, do I have to have already completed 5 years continuous residence in the UK before making the application or am I able to apply after 16 December, even though it isn't quite 5 years?

If I can, does the absence from the UK prior to 13/01/2009 count toward my 180 day in a 12 month period even though it predates the start of the qualifying period?

Thanks

[sagareva]

no, i think

you are simply applying BEFORE you qualify, right?

so you just calculate backwards from 13-01?

i think even period between 13-01 and 16-01 is not an absence

however i am still confused whether you will calculate your dates backwards from 16-12 in 12 month increments, or from 13-01???

this is actually important for me too