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Ukba Modernised Guidance - Entry Clearance Vs Entry Date
Posted: Sat Sep 01, 2012 7:49 pm
by Tier 4
As according to the UKBA modernised guidance:
Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years, provided this period was not longer than three months.
Is this applicable in Long residence as well?
Posted: Sun Sep 02, 2012 10:53 am
by Lucapooka
No, and for the aid of clarity the text you have cited is misleading as you have omitted the preceding text which limits the scope. Here's the full text:
Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but due to delayed travel will not have spent five 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 five years, provided this period was not longer than three months.
So, you can see that it only applies to a period of leave in the same category that was granted to a total of exactly five years, and there is a shortfall due to delayed entry, and the delay was for no longer than 3 months.
Posted: Mon Sep 03, 2012 10:55 pm
by Sunilrana80
Hi luca,
I Have a similar situation but the only twist is that i changed the status from wp to tier 1 gen.... Can i be benefitted with the above rule??
Posted: Mon Sep 03, 2012 11:22 pm
by Lucapooka
No, you switched category so can't use this concession, and will have to find a full five years (less 28 days). A change from HSMP to Tier 1 would, however, be okay if the same conditions above were present.
Posted: Wed Sep 05, 2012 9:51 am
by cs95tdg
Lucapooka wrote:No, you switched category so can't use this concession, and will have to find a full five years (less 28 days). A change from HSMP to Tier 1 would, however, be okay if the same conditions above were present.
After reading the guidance on this, my understanding was that this concession applied irrespective of whether you switched categories, so long as the leave was granted under any one of the economic migrant immigration categories.
Is there anywhere which explicitly states that the concession only applies to those who have extended their stay under a single economic migrant category? as I recall seeing other forum posts where applicants have made use of this concession even in cases where they have switched from WP to Tier 1.
Posted: Wed Sep 05, 2012 10:30 am
by Lucapooka
When the 3 month delay concession was introduced, a member of another forum made an enquiry to the UKBA on the same basis.
Dear Sir/Madam,
Thank you for your enquiry.
Please be advised that because you switched categories from Work Permit to Points Based System Tier 1 (General), you are required to extend your visa in order to complete the 5 year qualifying period for eligibility for Indefinite Leave to Remain.
If approved, the Proposed Immigration Directorates' Instructions; Chapter 6A; Section 1 - Settlement - Tier 1; Section 2.2 is only applicable if you were granted Entry Clearance to the United Kingdom (UK) as a Tier 1 (General) visa holder, not if you switched categories in the UK.
Yours faithfully,
Wayne Fairweather
Immigration Group
UK Border Agency
It makes sense because a grant of leave to remain in a different category would not necessarily be to complete exactly five years of continuous residence; it would be whatever an initial grant of leave to remain in that new category happened to be at that time (2 or 3 years).
Posted: Sat Sep 08, 2012 10:01 pm
by cs95tdg
Thanks. Yes that does make sense.