When can I apply for ILR?

[waleedmd69]

Dear board fellow members,

I have two questions:

entry clearance is issued on 13/05/2015
actual date of arrival to the UK is 12/09/2015
current BRP (after extension) valid until 17/12/2020

1. When can I apply for ILR?
2. When do I need to start hiring the two employees?

Thanks in advance for your help, and special thanks to:
Zimba, marcnath,

[CULLINAN]

What is your visa category?

[waleedmd69]

Sorry, I'm still new; so there is a lot that I need to learn.

I have a Tier 1 Entrepreneur visa

Thank you for your time and concern

[CULLINAN]

Dear board fellow members,

I have two questions:

entry clearance is issued on 13/05/2015
actual date of arrival to the UK is 12/09/2015
current BRP (after extension) valid until 17/12/2020

1. When can I apply for ILR?
2. When do I need to start hiring the two employees?

Thanks in advance for your help, and special thanks to:
Zimba, marcnath,

1) You will be eligible to apple for ILR no sooner than 28 days from 13/5/2020.

Note you should not have more than 180 days in any year. The duration between your visa issue date and arrival date in UK will be counted towards your absence in that particular year i.e. 2015.

2) You will need to create two JOBS (not employees) that have existed for 12 months each AFTER extension and before you apply for ILR.

[CULLINAN]

180 days absence* during the 5 year qualifying period.

[waleedmd69]

Thank you very much tier11417.

So, I can apply for ILR mid-April 2020?

And the jobs, does it have to be 12 months before the application date, or any 12 months during extension period?

Best Regards

[CULLINAN]

Thank you very much tier11417.

So, I can apply for ILR mid-April 2020?

And the jobs, does it have to be 12 months before the application date, or any 12 months during extension period?

Best Regards

1) 13/5/2020 minus 28 days yes

2) What is your extension date?? Need that to answer your question.

[waleedmd69]

Thank you very much tier11417.

So, I can apply for ILR mid-April 2020?

And the jobs, does it have to be 12 months before the application date, or any 12 months during extension period?

Best Regards

1) 13/5/2020 minus 28 days yes

2) What is your extension date?? Need that to answer your question.

Dear tier11417,

The extension date is 17/12/2018.

Best Regards

[CULLINAN]

You need to create 2 FT JOBS for 12 months each. You can create any time during your 2 years extension period. The jobs not necessarily have to be continuous. Employees can come and go as long as EACH job have existed for 12 months each anytime AFTER extension and BEFORE you apply for ILR.

Note: Although you qualify for ILR no earlier than 13/5/2020 minus 28 days, you need to fulfill job creation requirement before that if you want to apply in April 2020. However, if you dont fulfill job creation by April 2020, you can apply anytime before your visa expiry that is Dec 2020.

[waleedmd69]

Thanks a million...

You made my day

Wish you the best

[CULLINAN]

I have just noticed a maybe possible error I made. I just realised you entered UK after 4 months from your visa issue date. I recall reading somewhere the following:

“If you entered the UK within 3 months of the visa being issued, you might eligible to apply 28 days prior the issue date on the visa.”

Please wait for someone else to confirm if you can start counting from visa issue date in your case or visa entry date.

Apologies.

[CULLINAN]

https://assets.publishing.service.gov.u ... .0-EXT.pdf

page 8. I think you can count from visa issue date but just wait for someone else to confirm this also.

[CULLINAN]

You can start counting from visa issue date as advised before.

I got confused with the old rule:

Here is the answer:

“Q4 - When does my ILR qualifying period start?
According to the updated guidance (Apr. 2016), the qualifying period for ILR for all PBS categories starts from the date of issue of entry clearance / leave to remain (as the case may be). It does not matter whether you arrived in the UK within or after 90 days of entry clearance being issued. The days between entry clearance effective (issue) date and the date of entry in the UK will be treated as "absence from UK" (see Q20).
Absences which will not break continuity in the continuous period wrote:
Period between the issue of entry clearance and entering the UK
The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the relevant 12 month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry.
If the delay is more than 180 days, you can only include time after the applicant entered the UK in the continuous period calculation.”

indefinite-leave-to-remain/faqs-for-ilr ... 99638.html