Page 1 of 1

ILR eligibility and queries

Posted: Wed Sep 19, 2012 11:59 am
by aravind33
hi
my extended Tier 1 visa expires 05/12/2012. If I have to take a premium service for my ILR visa interview, which date should I start looking for booking the visa interview?

your advice would be very much appreciated.

many thanks

aravind a

Re: ILR PREMIUM SERVICE DATE

Posted: Wed Sep 19, 2012 12:04 pm
by geriatrix
aravind33 wrote:your advice would be very much appreciated.
Read FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting to begin with.

Posted: Thu Sep 27, 2012 8:28 pm
by aravind33
Q5 - My current leave as economic migrant expires before I complete the qualifying residential period. Can I apply for ILR?
Under current directions you must apply for extension before your current leave expires. The only exception to this, as per current UKBA guidances, is if you delayed your entry in UK by (at most) 3 months from date of issue of entry clearance and fall short of completing the residential qualifying period due to delayed entry in the UK. In such case one may apply for settlement before the current leave expires.


The above is an extract from ILR FAQ's.

My current leave (Tier-1 General) expires on 04/12/2012; Please advice if I should look for appointments from 06/11/2012 (28 days before current leave expires i.e. 04/12/2012)
or
28 days from my 5th Anniversay of entry clearence i.e. first entry clearance date 24/11/2007 via HSMP visa

many thanks
aravind

Posted: Thu Sep 27, 2012 8:33 pm
by geriatrix
Read Q4 first!
On what date did you enter UK?

Posted: Thu Sep 27, 2012 8:36 pm
by aravind33
my first entry into the UK was 10/02/2008; please advice between which date i should book an apponitment for premium services to make an application for ILR settlement. i.e. should i look for a date after 24/11/2012 as this will complete my 5 years continuous leave in the UK.

thanks
Aravind

Absence days count for ILR settlement-SET (O) application

Posted: Mon Oct 01, 2012 1:19 pm
by aravind33
hi
please advice.

My number of days absence in the UK for the whole five year period totals to 216 (including 76 days late enry into the UK)

please advice if my late entry into the UK 10/02/2008 (76 days) after the entry clearance stamping date 24/11/2007 & absence due to my wedding (26 days) is counted as absence in UK.

I have read the SET (O) guidance notes stating the total number of holidays in the UK shouldn't exceed more than 6 months in total for the whole five year period.


many thanks
aravind

Posted: Mon Oct 01, 2012 2:37 pm
by geriatrix
To be considered absent from UK you have to enter UK first.

Posted: Mon Oct 01, 2012 2:45 pm
by aravind33
hi shushdmehta
thanks for your reply but, my entry into the UK was on 10/02/208 i.e. 76 days later than the entry clearance stamping date 24/11/2007.

According to guidance notes, the case officer might consider entry clearance stamping date to calculate my five year continuous leave in the UK.

I would like to know how this gap (76 days) is treated i.e. is it treated as absence or not? please confirm.

Posted: Mon Oct 01, 2012 2:50 pm
by cs95tdg
aravind33 wrote:According to guidance notes, the case officer might consider entry clearance stamping date to calculate my five year continuous leave in the UK.

I would like to know how this gap (76 days) is treated i.e. is it treated as absence or not? please confirm.
As already stated to be absent from the UK, you have to enter the UK first. Thereby the 76 days you mention cannot be considered an absence.

Posted: Mon Oct 01, 2012 2:51 pm
by aravind33
Thank you