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Discussion Starter · #1 ·
Hello Forum, first time poster but regular visitor. Hope you can help me...

I am applying for ILR from an Ancestry Visa. My question is about the qualifying period and extensions.

My ancestry visa was issued on 07 Feb 2013 and I entered the UK on 24 March 2013. My husband entered a couple days later as a dependent and we've since had a child here. Does this mean we will not have completed the five years of our qualifying 5-year period when our visa expires in Feb 2018?

At the time, I did not consider the 6 weeks a delay as there was a clause about a 90-day window between the visa issue date and the entry date and those days being counted in the 180 days a person could be outside the UK in a given year. However, that clause seems to be removed (I can’t find a reference to it in any guidance).

The new guidance, or the current SET(O) Guidance Notes state: If you entered the UK with a visa several weeks or more after the date from which it was valid for use, you may need to apply for an extension of stay to complete the relevant qualifying period.

I do not know if the “may” applies to me. How do I determine if I need an extension?

Other potentially relevant information about my case:
- My husband and I have been living in the UK continuously since August 2009. We were on Tier 4 Visas (Student visa and the now defunct Post Study Work visa) between August 2009 and December 2012.

Any advice is appreciated! It will be very expensive if I need to buy three visa extensions and then three ILR applications because of this 6 week "delay". Eeep!
 

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Discussion Starter · #3 ·
Thank you! The guidance you shared was immensely helpful.

I have a follow-up question ... after reading the guidance, I beleive I still need an extension. Can I apply for the extension now? 6 months before my ancestry visa expires?

I believe I must still apply for an extension because, in the first year of my visa, I was abroad for more than 180 days (the 6 weeks between my visa issue date and entrance to the UK, plus an additional 189 days due to work). It was a rough year and in the subsequent four years, I have not been out of the UK for more than 35 days, but the first year is clearly more than 180 days.

Many thanks again for your message.
 
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