5 years - 3 month (instead of 5 years - 28 days)?

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5 years - 3 month (instead of 5 years - 28 days)?

Postby yallow » Fri Apr 15, 2011 11:25 am

In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months.


http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idichapter6a/section1/section1.pdf?view=Binary

Does it mean that it's now 3 months instead of 28 days?

Any experience with this new rule so far?
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Re: 5 years - 3 month (instead of 5 years - 28 days)?

Postby [iD] » Fri Apr 15, 2011 12:51 pm

yallow wrote:
In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months.


http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idichapter6a/section1/section1.pdf?view=Binary

Does it mean that it's now 3 months instead of 28 days?

Any experience with this new rule so far?


No, you still have to apply not more than 28 days before you complete your 5 years. Those 3 months can be added to 5 years only towards the gap between EC and your Entry in the UK.
Goodluck.
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Postby yallow » Fri Apr 15, 2011 2:49 pm

yes, but I did get my initial entry clearance (HSMP visa) 3 months before I actually entered UK and registered with the police.. Does it mean I can now apply 3 months earlier?

Thanks!
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Postby sushdmehta » Fri Apr 15, 2011 2:52 pm

Post the date on which your visa became effective, your entry date and the expiry date of current leave.
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Postby yallow » Fri Apr 15, 2011 3:27 pm

hsmp from 24/10/07 to 24/10/09

entered UK 09/01/08 (police stamp 15/01/08 )

tier 1 general from 10/02/09 to 09/01/13

Can I apply before 12/12/12 ?

PS: I think the ILR rules will be changed again by that time anyway, but it would be good to know.
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Postby sushdmehta » Fri Apr 15, 2011 3:40 pm

If you want your application to be subject to caseworker discretion, you may apply for settlement before 12-Dec-12 and request for consideration in line with the quoted instruction.

If you do not want caseworker discretion to play a role in the matter, then apply no earlier than 28 days before the 5th anniversary of your entry in the UK as an HSMP migrant (on/after 12-Dec-12, as per your calculation).

Your choice!
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Postby yallow » Fri Apr 15, 2011 7:02 pm

Thanks, sushdmehta.

I just expected to see other people's experiences with this new rule. But it's probably far to early to observe. Not that many people tried yet..
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Postby khalidmirza » Sat Apr 16, 2011 5:03 am

Confusing dates (needs brain storming)
HSMP 24/10/07 till 24/10/09
TIER 1 10/2/09 till 09/01/13 How is that possible
Entered Uk 15/01/08. Visa valid till 09/01/13 .How 3 months rule affect you
Please help others with precise details to work out solutions




yallow wrote:hsmp from 24/10/07 to 24/10/09

entered UK 09/01/08 (police stamp 15/01/08 )

tier 1 general from 10/02/09 to 09/01/13

Can I apply before 12/12/12 ?

PS: I think the ILR rules will be changed again by that time anyway, but it would be good to know.
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Postby yallow » Sat Apr 16, 2011 9:01 am

khalidmirza wrote:Confusing dates (needs brain storming)
HSMP 24/10/07 till 24/10/09
TIER 1 10/2/09 till 09/01/13 How is that possible
Entered Uk 15/01/08. Visa valid till 09/01/13 .How 3 months rule affect you
Please help others with precise details to work out solutions


All my dates are correct. Please explain what is confusing. Entered UK on 09/01/08. Tier 1 valid till 09/01/13.
BUT initial HSMP was granted on 24/10/07. So my question was - can I apply on 24/10/12 or should I wait till 12/12/12 according to the new rules I quoted at the top.

Update -
OK, i've just read this new rule more carefully again -

In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months.


This rule does not apply to me as my Tier 1 does not expire before 5 year period. So I have to wait till 12/12/12 as before.
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Postby khalidmirza » Sat Apr 16, 2011 10:30 am

Yes You got it bro.
Also please correct the date of your TIER 1 should be 10/02/10 till 09/01/13 as per my opinion. Please cfm if I am wrong. Since your hsmp was till 24/10/09, how come your Tier 1 was dated from 10/02/09. That confused me. Please clear my confusion.





yallow wrote:
khalidmirza wrote:Confusing dates (needs brain storming)
HSMP 24/10/07 till 24/10/09
TIER 1 10/2/09 till 09/01/13 How is that possible
Entered Uk 15/01/08. Visa valid till 09/01/13 .How 3 months rule affect you
Please help others with precise details to work out solutions


All my dates are correct. Please explain what is confusing. Entered UK on 09/01/08. Tier 1 valid till 09/01/13.
BUT initial HSMP was granted on 24/10/07. So my question was - can I apply on 24/10/12 or should I wait till 12/12/12 according to the new rules I quoted at the top.

Update -
OK, i've just read this new rule more carefully again -

In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months.


This rule does not apply to me as my Tier 1 does not expire before 5 year period. So I have to wait till 12/12/12 as before.
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Postby yallow » Sat Apr 16, 2011 8:04 pm

khalidmirza wrote:Yes You got it bro.
Also please correct the date of your TIER 1 should be 10/02/10 till 09/01/13 as per my opinion. Please cfm if I am wrong. Since your hsmp was till 24/10/09, how come your Tier 1 was dated from 10/02/09. That confused me. Please clear my confusion.


My tier 1 is valid from 10/02/09 till 09/01/13 (almost 4 years). I applied earlier for extension(after just 1 year on hsmp) as soon as I got enough points. Just to be on a safe side.
yallow
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