28 Days rule for ILR and UKBA letter for qualifying threshol

[musaratnasreen]

It is thought provoking scenario

HSMP prior to 7 Nov 2006. UKBA letter confirms that sufficient leave to take me quaifying threshold for settlement
However I am 40 days short.What to do now. UKBA letter and 28 days rule are conflicting

PLease help me. I am confused

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[musaratnasreen]

It is thought provoking scenario

. UKBA letter confirms that sufficient leave to take me quaifying threshold for settlement
However I am 40 days short

ANY ONE PLEASE HELP SENIOR MEMBERS SPECIALLY

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[f2k]

unfortunately because you arrive almost 3months after your initial visa stamping means you will probably have to apply for another extension in order to fulfil the 5year stay criteria. However depending on when you applied for the HSMP initially you may be affected by the JR

[musaratnasreen]

unfortunately because you arrive almost 3months after your initial visa stamping means you will probably have to apply for another extension in order to fulfil the 5year stay criteria. However depending on when you applied for the HSMP initially you may be affected by the JR

Please refer policy document a follows. UKBA should ave given me longer visa as per this.So oversight is on their part not mine. what do you suggest
More members please help how to go about in this caseMigrants who currently hold HSMP leave and have either applied for an extension of stay or will need to do so in the future
8.
The requirements for an extension of stay will be those that were in place before 7 November 2006.
9.
If an applicant meets these requirements we will grant them:
a.
Three years’ leave; or
b.
Enough leave to enable the applicant to complete the qualifying period for settlement,
whichever is the greater.

[vinny]

Section 6A - Points-based system, tier 1 settlement guidance.

You may apply for settlement no sooner than 28 days before the completion of your qualifying period and before your leave expires. Unfortunately, if your leave expires before you can apply for settlement, then you should apply for an extension (cost), before your leave expires.

Dear senior members

I understand the 28 days rule on the link but i have peculiar situation. My FLR extension letter says that it is under JR and sufficient leave to take me to qualifying threshold for settlement.but time line is as follow.
Visa 19 jun 06 till 19 jun 07 stamped on 19 jun 06
Extension until 19 jun 08 stamped on 9oct 07(To correct mistake while issuing first visa which should have been for 2 years)
FLR for 3 years till 4 Aug 2011 with above statement stamped on 13 Auf 2008
I landed here on 14 sep 2006 i.e approx 3 months late.
How do i go about it for ILR in 2011
Do i need extension as i am short by 40 days or UKBA committment that my FLR is sufficient to take me to qualifying threshold for settlement will be honoured

I WILL APPRECIATE your comments and personal experiences
Exten

[vinny]

I got my FLR for 3 years till 4th Aug 2011 under JR . As per policy document of UKBA I should have been given extension for 3 years or enough leave to take me to qualifying threshold for ILR which ever is greater. Although cover letter from UKBA does mention that my leave is sufficient to take me to qualifying threshold whereas actually it is not. I will be short by 40 days from 5 years. Can you suggest what I should do

[musaratnasreen]

Dear vinny
Please help me to clarify this
1) 28 days rule is thoroughly understood with all references
2) Migrants who currently hold HSMP leave and have either applied for an extension of stay or will need to do so in the future
8.
The requirements for an extension of stay will be those that were in place before 7 November 2006.
9.
If an applicant meets these requirements we will grant them:
a.
Three years’ leave; or
b.
Enough leave to enable the applicant to complete the qualifying period for settlement,
whichever is the greater.

Since my leave is not sufficient for ILR, which as per policy document should have been, what should I do. Write to UKBA to extend my leave in line with policy document or wait till reaching close to ILR

Section 6A - Points-based system, tier 1 settlement guidance.

You may apply for settlement no sooner than 28 days before the completion of your qualifying period and before your leave expires. Unfortunately, if your leave expires before you can apply for settlement, then you should apply for an extension (cost), before your leave expires.

Dear senior members

I understand the 28 days rule on the link but i have peculiar situation.
Do i need extension as i am short by 40 days or UKBA committment that my FLR is sufficient to take me to qualifying threshold for settlement will be honoured

I WILL APPRECIATE your comments and personal experiences
Exten

[vinny]

A problem is that the qualifying period started when you initially entered the UK under the relevant category.

[musaratnasreen]

Hi Vinny
I think we are close to results. One must enter within 28 days after visa. Please can you help to clarify the statement in policy document which says we will give you 3 years or sufficient leave to take you to qualifying threshold for settlement which ever is greater.

A problem is that the qualifying period started when you initially entered the UK under the relevant category.

[khalidmirza]

It is very confusing. Days calculation suggest another extension. UKBA letter and policy documents tell a different story. may be you write to home office as i find no satisfactory reply to your query on this forum. If any member can read it carefully and suggest the remedy, you would be lucky.Here people only quote one side of story. Senior members can comment

Hi Vinny
I think we are close to results. One must enter within 28 days after visa. Please can you help to clarify the statement in policy document which says we will give you 3 years or sufficient leave to take you to qualifying threshold for settlement which ever is greater. While my initial visa was from 19 jun 2006, and I was given 3 years one month and 15 days from 19th jun 2008 till 4th Aug 2011. Why could they not give 12 extra days to qualify their statement in the the cover letter.

A problem is that the qualifying period started when you initially entered the UK under the relevant category.

[bani]

I suggest you write them back and include photocopies of the letter and visa. It could be they just made a mistake, it's easy to make a mistake with subtracting 28 days. It's true that under last year's JR, they should have given you extension enough to take you to the settlement requirement.

[newuser11]

I think you have to apply for another extension that will be for 3 years.

I got HSMP on 09/09/04
Came to UK 09/10/04

Home office has not refunded the fee to me as i was short of 2 days only.

[khalidmirza]

Hi Bani.

I know home office is pretty strict on days calculation. If you got hsmp on 09/09/04, it means you would have got one year visa and then extension of 3 years on 09/09/05 till 09/09/08. Presumably you would have applied for one more extension on 09/09/08 for 3 years under JR of Apr 2008. You must have applied for ILR after Apr 2009 JR(4 years continuous stay). So in your case there is no calculation of days anyway.In this case UKBA has confirmed in the letter and their own policy document that they would give you 3 years or sufficient leave to take you to ILR. Therefore I feel in the policy document they have relaxed the rule of travelling within 28 days for hsmp holders. Members should take the advantage o this clause which is very clear and ask home office to give you enough leave even if it is more than 3 years. Please try to see behind the lines. Policy document negates the requriment to travel within 28 days for hsmpian covered under JR of 2008.

I think you have to apply for another extension that will be for 3 years.

I got HSMP on 09/09/04
Came to UK 09/10/04

Home office has not refunded the fee to me as i was short of 2 days only.

[musaratnasreen]

Thank you all specially Vinny, Bani, khalidmirza, newuser

Please comment on the policy document statement. What it really means. If I have to go for extension I would. Let my case go to home office. For th benefits for other members please help if you understand different meaning of this statement


HSMP FORUM LTD JUDICIAL REVIEW: POLICY DOCUMENT

Migrants who currently hold HSMP leave and have either applied for an extension of stay or will need to do so in the future
8.
The requirements for an extension of stay will be those that were in place before 7 November 2006.
9.
If an applicant meets these requirements we will grant them:
a.
Three years’ leave; or
b.
Enough leave to enable the applicant to complete the qualifying period for settlement,
whichever is the greater




.In this case UKBA has confirmed in the letter and their own policy document that they would give you 3 years or sufficient leave to take you to ILR. Therefore I feel in the policy document they have relaxed the rule of travelling within 28 days for hsmp holders. Members should take the advantage o this clause which is very clear and ask home office to give you enough leave even if it is more than 3 years. Please try to see behind the lines. Policy document negates the requriment to travel within 28 days for hsmpian covered under JR of 2008.

[khalidmirza]

You can write to home office for clarification or ask immigration solicitor when you apply for ILR. My understanding is that in policy document what really they wanted to write was whichever is shorter. As Tier 1 or any extension was supposed to be 3 years and not more.
9.
If an applicant meets these requirements we will grant them:
a.
Three years’ leave; or
b.
Enough leave to enable the applicant to complete the qualifying period for settlement,
whichever is the greater
[/b]



.

[bani]

They should have given you a longer FLR/extension based on that JR policy. I would write them and include the policy, a copy of their letter, a copy of your visa.

They will not relax the ILR requirement (has to be 5 years minus 28 days), but they should have given you a longer extension under JR (2008).

It's good that you are dealing with this now, rather than when it is time for you to apply for ILR.

[bani]

I think you have to apply for another extension that will be for 3 years.

I got HSMP on 09/09/04
Came to UK 09/10/04

Home office has not refunded the fee to me as i was short of 2 days only.

Hi newuser, that is too bad.

I think the OP's FLR/extension is different from yours though. He got his after the first HSMP JR in 2008. And they should have given him greater than 3 years based on the policy document.

In your case, you got your first extension in 2005, they really just gave out three years at that time. So you needed a second extension. A lot of people did not get their refund for this reason. The way I see it, if you waited that long before entering the UK, you probably had a very good reason (job, family, preparation) that was worth more than the £750 refund. So I would not dwell on it. Good luck.

[khalidmirza]

Hey Bani

I agree with you hundred percent. As I see the time line if they have given 3 years one and half months from 19th jun 2008, they could have given 3 years 2 months as well. Probably since visa was issued on 4th aug 2008 that is why they gave it till 4th aug 2011.They did not realize that musaratnsreen entered on 14th sep 2006.It was just unlucky that visa was approved on 4th aug 2006. Had it been delayed for 2 more weeks there would have been no problem.One lesson for all here is to relax and wait patiently .There may be something good in basket. In my opinion home office can correct it under the policy document

They should have given you a longer FLR/extension based on that JR policy. I would write them and include the policy, a copy of their letter, a copy of your visa.

They will not relax the ILR requirement (has to be 5 years minus 28 days), but they should have given you a longer extension under JR (2008).

It's good that you are dealing with this now, rather than when it is time for you to apply for ILR.

[pullikanti]

Hi,
I am also in same situation.
I got HSMP approval on 22 Nov 2006 (I applied before 6 Nov 06 but got approval on 22 Nov 06) and got visa stamping on Feb 14 2007 till Feb 14 2009. But I entered UK on 22 Apr 2007.
Then I applied for FLR and got visa extension as Tier 1 (General) till 14 Feb 2012.
The UKBA letter says that this is sufficient to take me to qualifying threshold.
But as I entered UK 67 days afte getting initial visa stamping, I am falling short by 39 days to complete 5 year period.

Can anyone please suggest what to do - Apply for another extension or apply to ILR?

Musaratnasreen, please can you say whether you got answer to your problem.

Thanks in advance.

[khalidmirza]

Hi pullikanti
Good news for you. Musaratnasreen kept asking this specific questions repeatedly but unfortunately all forum gurus avoided the answer by quoting other rules not relevant in her case. Later in the new Draft Version for case workers UKBA has eventually agreed to give you ILR 5 years MINUS 3 moths (Instead of 28 days). If you did not extend ,please do not do it now as you will get ILR three months earlier. Eventually my point proved. THANK GOD.

Hi,
I am also in same situation.
I got HSMP approval on 22 Nov 2006 (I applied before 6 Nov 06 but got approval on 22 Nov 06) and got visa stamping on Feb 14 2007 till Feb 14 2009. But I entered UK on 22 Apr 2007.
Then I applied for FLR and got visa extension as Tier 1 (General) till 14 Feb 2012.
The UKBA letter says that this is sufficient to take me to qualifying threshold.
But as I entered UK 67 days afte getting initial visa stamping, I am falling short by 39 days to complete 5 year period.

Can anyone please suggest what to do - Apply for another extension or apply to ILR?

Musaratnasreen, please can you say whether you got answer to your problem.

Thanks in advance.