Driving on US License for a Year...?

How do "they" know when you've been in the UK for a year? Who are "they"? My father-in-law is a UK driving instructor and he wasn't able to answer those questions for me. I came over to the UK on July 31st but went back to the US in October and returned to the UK at the end of the month. So...have I been here a year as of July 31st or have I been here a year as of the end of October?

I'm thinking it would be from October? Seeing as you have to be "normally resident" for 185 days. So that means I have to have been in the UK for a solid 185 days, yeah? When I left the UK in October to go back to the US, I'd only been a "resident" for less than 90 days. Did my days of residency start over when I returned in October?

Am I making sense? Hahaha, thanks for any clarification y'all can offer!

I was always told your one year starts from the time your visa was stamped/validated at the border.  So the first time you entered on your visa.  "They" would likely be the DVLA and I supposed you could contact them for clarification.

What if you don't have a visa?  I will be entering with my UK passport

Same thing - it's one year from when you enter.

I was told by my driver instructor that I could just start counting each time I re-entered the UK  Never quite believed that.

I just called the DVLA. I get so flustered when I call places...I totally managed to NOT ask about when my year started. Christ almighty! Asked all about what I needed to send as proof of identity and even had a little laugh with the advisor...but totally forgot the most important question. Ugh.

Oh barf. I just called again. My year of residency started in July. I haven't even applied for my provisional yet. I am the shittiest procrastinator EVER. FML!

What did they say, exactly?

What did they say, exactly?

They asked me when my date of residency was and I told her that that is what I was asking her. Whether my residency started in July or October when I re-entered. She said that my residency began the first time I landed on UK soil with my visa. Easy enough! So I've been a resident since July!

Now I need to somehow stop time and get my provisional and pass my driving test before the first of August. Hmmm...

And just to confirm that... there's always been a very straightforward definition when it comes to the 12 months for the driving licence:

The year begins from the date you began your residency in the UK... you moved to the UK on your settlement visa and became resident in July, so the 12 months started in July.

It doesn't matter that you went back to the US for a visit in October - your primary residence was still the UK at that point.

The only way the 12 months would have started in October would have been if you entered on a visitor visa in July, then went back to the US in October, applied for a spousal visa and then returned to the UK.

From the direct.gov.uk website (http://www.direct.gov.uk/en/Motoring/DriverLicensing/DrivingInGbOnAForeignLicence/DG_4022561):

Residents

If you are the holder of an ordinary driving licence or a valid international driving permit, you can drive any category of small vehicle shown on your licence. You will be able to drive for up to 12 months from the time you became a resident.

To ensure continuous driving entitlement a provisional GB licence must have been obtained and a driving test(s) passed before the 12-month period elapses.

If you obtain a provisional licence during this period, you are not subject to provisional licence conditions eg displaying 'L' plates or being supervised by a qualified driver or being precluded from motorways.

If you don’t pass a test within the 12-month concessionary period you cannot drive as a full licence holder, and provisional licence conditions will apply.

If you wish to continue driving you must apply for a British provisional licence with a view to passing a driving test. Provisional licence conditions will then apply.

If you don’t apply for a provisional licence within the first 12 months you must stop driving.

New residents who hold a vocational licence (minibus, bus or lorry entitlement) must not drive large vehicles until they have passed the relevant GB driving test.

Driving test candidates are required to pass a motor car (category B) test first before applying for provisional entitlement for larger vehicles.

Edited to add: In terms of being considered ordinarily resident, the 185 days part essentially just means that you have permission to live in the UK for more than 185 days - either by being a UK/EU passport holder, or by holding a visa that is valid for more than 185 days (i.e. someone on a visa valid 6 months or less would not be considered a UK resident).

Eh...don't panic.   I had until March 9th to get my UK license.  I passed the written in December, after about 1 week of studying on the computer.  But then I couldn't get lessons/a test date booked locally.  So, the third week in February, I went to Glasgow, did 10 hours (3 afternoons) of lessons with an instructor, and passed the test at the end of the week. 

Of course, I was freaking out and convinced I'd fail on some minor fault, but in hindsight, I just don't think the test was a difficult as I'd been led to believe.  So if you're an experienced driver, and you don't let yourself get too rattled, you should still make it in under the deadline.

Oh barf. I just called again. My year of residency started in July. I haven't even applied for my provisional yet. I am the shittiest procrastinator EVER. FML!

Eh...don't panic.   I had until March 9th to get my UK license.  I passed the written in December, after about 1 week of studying on the computer.  But then I couldn't get lessons/a test date booked locally.  So, the third week in February, I went to Glasgow, did 10 hours (3 afternoons) of lessons with an instructor, and passed the test at the end of the week. 

Of course, I was freaking out and convinced I'd fail on some minor fault, but in hindsight, I just don't think the test was a difficult as I'd been led to believe.  So if you're an experienced driver, and you don't let yourself get too rattled, you should still make it in under the deadline.

My FIL is doing my head in. He seriously calls at least once a day to ask if I've applied for my provisional yet. I am BUSY. I work 13+ hour days and today has been the first afternoon in forever that I've actually been able to sit down and sort sh*t out.

I've always excelled under pressure - hence my long history of procrastination! I was the kid that waited until the day of a school presentation to let my mom know I needed to make a poster on acid rain. I was the college student who wrote down when papers were due with plenty of time to spare but then partied until the night before the damn thing was due.

I'm going to give myself a stroke, so I really need to start planning stuff and acting like an adult, for once!

Applying for the provisional is the easiest step in the whole process, so you might as well knock that one off as soon as you can. 

And remember that test times are sometimes hard to come by.  I had to schedule mine six weeks in advance and that is apparently the norm in this area (could be different where you are). I would suggest scheduling a test as soon as your have your provisional license back. You can always cancel it if you arent ready, but at least you will have a place reserved.

Have you already started lessons with your FIL or is he saying you have to wait until you have your provisional?  I took a few lessons before I even had mine, so maybe you can do that while you wait for it to be processed.

Unfortunately, a lot of driving instructors don't really understand the whole date of residency thing. But as it's not really their area of expertise, it's always best to get a second (and better) opinion. I remember my instructor said he "thought" my 12 months re-set when I left the UK, but I was very suspicious and it turned out my suspicions were correct.