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Buachaill
Buachaill, Barrister
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Experience:  Barrister 17 years experience
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The 5 years qualifying period for ILR given the following

Resolved Question:

the 5 years qualifying period for ILR given the following dates:
I have applied for my tier 2 visa on the 25th October 2011, while i was on tier 4 visa (which expires on August 2013).
My work start date for my current work (with the same employer ever since): 1/10/2011
Visa issue date 6/1/2012.
Would it be from submission date, 25/10/21011 (as i was in the UK on a valid visa and working on a full time job) or from issue date 6/1/2012.
Thanks,
Submitted: 7 months ago.
Category: Law
Customer: replied 7 months ago.
would the 5 year qualifying period for ILR start from: 1- my current job start date (1/10/2011)
2-my tier 2 visa submission date (25/10/2011)
3- my tier 2 visa issue date (6/1/2012)
Expert:  Buachaill replied 7 months ago.

1. I regret to say that your five years continuous residence for the purposes of ILR will only begin on your Tier 2 visa issue date of the 6th January, 2012. The test for ILR is "continuous residence". However, your period of residence under a Tier 2 visa only began when you got it. Before this, you were still subsisting on the Tier 4 visa. The visa rules allow a 28 day period of grace for a visa holder of a different visa (such as a Tier 4) to remain in the UK without becoming an overstayer. However, this 28 day grace period does not count for ILR as it merely prevents you being deported during this period. It does not count towards ILR.

Expert:  Buachaill replied 7 months ago.

2. Additionally, it is only if you are applying for a visa of the same type that any period spent in the UK without a valid visa is waived. However, even such a period (during the application) does not count for ILR. So, here, the period you spent between 25 october and 6th January will not count for ILR.

Expert:  Buachaill replied 7 months ago.

3. Please Rate the answer, Tim, as unless you Rate the answer your Expert will receive no payment for answering your question.

Customer: replied 7 months ago.
Okay, thanks for letting me know that, so, i can apply after the 9th of December: is that correct? If i have dependents: do i have to apply for them at the same date?Thanks for your time
Expert:  Buachaill replied 7 months ago.

4. I don't know where you got the date of 9th December. You can apply after 6th January. The 28 day grace period only prevents you being deported, as it deems that you are not an overstayer during this period. You were still not residing under a Tier 2 visa during this grace period. Secondly, you should apply for your dependents on the same date as they will have been five years lawfully residing in the UK on the same date as well.

Customer: replied 7 months ago.
Thanks a lot; the 9th of December 2016 makes me to apply on the period of 28 days before the 5 years period; as was stated in various places in the UKBA website. Or is that different in my case?Okay re dependents.Thanks your prompt responses, very much appreciated
Expert:  Buachaill replied 7 months ago.

5. No, you are correct. You may submit your application 28 days before the five year period is up. That is the correct course to adopt. Good luck with the application. There normally is no difficulty in getting ILR for both you and your dependents.

Customer: replied 7 months ago.
Thanks a lot your excellent help
Expert:  Buachaill replied 7 months ago.

6. You are welcome. Please Rate the answer

Buachaill, Barrister
Category: Law
Satisfied Customers: 10412
Experience: Barrister 17 years experience
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