Just short of 5 years (HSMP / Tier 1) - do i need extension

newavenues · Post by **newavenues** » Sat Jan 08, 2011 2:07 pm

Hello Forum members

I had migrated to UK on HSMP visa which was issued on March 12 2007 valid for 2 years. I had got further extension on Tier 1 for 3 years and the visa is now valid until March 12 2012.

After getting my HSMP Visa i came to UK on May 30th 2007 which meant there was gap of approximately 2 1/2 months after recieving the visa. I plan to apply for ILR in May 2012 however my current Tier 1 visa expires on March 12 2012. Can you please advise what options have i got? Do i need to apply for Tier 1 extension for 3 years or there is an alternative as i will be applying for ILR in 2 months time.

Many Thanks

Regards
Ashish

Post by **vinny** » Sat Jan 08, 2011 9:55 pm

Under current directions, you should apply for an extension before your leave expires. However, if they haven't decided by the time you are eligible for ILR, then you may vary your application to ILR.

newavenues · Post by **newavenues** » Sun Jan 09, 2011 11:34 pm

Thank you all for the response. Looks like i need to get the extension and have no other option. cheers

jimmymcad · Post by **jimmymcad** » Tue Jan 11, 2011 2:22 pm

Hi News,

I am having similar case as yours, I came after 2.5 month exactly.

Visa Stamped (2 Years): 14th Sep 2007 - Sep 2009
Extended(3 yrs) :- Sep 2009 - 14th Sep 2012
Arrived 23 Nov 2007.

It is a bit frustrating but can't do anything and will apply another extension.

Cheers,

newavenues · Post by **newavenues** » Tue Jan 11, 2011 4:21 pm

Very true its frustating and waste of money.

By the time we get the extension we will be eligible for PR as you can apply when you have completed 4 years and 11 months.

newavenues · Post by **newavenues** » Thu Jan 13, 2011 1:17 pm

Just out of curiosity - When there is a gap of couple of months between Tier1 Expiry and the PR application date. What happens in scenario where ther Tier1 gets rejected and the applicant appeals. I am sure this process will eat up the 2 months gap and then is the applicant eligible to apply for PR although the Tier1 may be in Appeal stage or rejected?

carpus · Post by **carpus** » Thu Jan 13, 2011 9:52 pm

jimmymcad wrote:Hi News,

I am having similar case as yours, I came after 2.5 month exactly.

Visa Stamped (2 Years): 14th Sep 2007 - Sep 2009
Extended(3 yrs) :- Sep 2009 - 14th Sep 2012
Arrived 23 Nov 2007.

It is a bit frustrating but can't do anything and will apply another extension.

Cheers,

I am having similar case as yours, but my gap is even shorter: 45 days only
Visa Stamped (2 Years): 10th May 2007 - May 2009
Extended(3 yrs) :- May 2009 - 10th May 2012
Arrived 25th Jun 2007.

According to the principle, I am eligible to apply for IRL 28 days before 5 years staying in UK, that is 28th May 2012, but even though there are still 18 days short from my visa's expired date( 10th May 2012). Can I apply for my ILR by post to fill the gap?

samkma · Post by **samkma** » Wed Jan 26, 2011 12:45 pm

@Carpus,
I am sorry to hear this, but you must have completed 4yrs & 11 months when you apply.

alladin · Post by **alladin** » Tue Feb 01, 2011 6:06 pm

samkma wrote:@Carpus,
I am sorry to hear this, but you must have completed 4yrs & 11 months when you apply.

Hi,
Could you please share the link about 4 years and 11 months completion. My case is I will spent 4 years and 11 months in UK when my current Tier1 expires. I came to UK exactly 1 month after the start date of visa.

HSMP Visa start:03/03/2008
Arrival on UK: 03/04/2008
Tier1 visa valid untill 03/03/2013.

I have seen the 4 year 11 month rule in some legal advisor's websites., but couldn't locate anything specific in UKBA site.

nealda · Post by **nealda** » Sat Feb 05, 2011 6:22 pm

At the link below you'll find the following text in section 5.2

"5.2 Applications that fall short of the five year continuous period
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."

While this is for Tier 2 visas, stands to reason that should be applicable for Tier 1 hsmp as well. There may be documents on the site for HSMP - I havent looked for them.

Good luck and hope it works out for you guys!

N

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

alladin · Post by **alladin** » Sat Feb 05, 2011 10:14 pm

nealda wrote:At the link below you'll find the following text in section 5.2

"5.2 Applications that fall short of the five year continuous period
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."

While this is for Tier 2 visas, stands to reason that should be applicable for Tier 1 hsmp as well. There may be documents on the site for HSMP - I havent looked for them.

Good luck and hope it works out for you guys!

N

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Hello,

Thanks for message. Yeah I agree and hope it will help.

cheers,
alladin

yasmab · Post by **yasmab** » Fri Feb 11, 2011 8:28 pm

I got similar case

Came to UK under 5 years work permit

First Entry to UK 30/05/2007.
Visa Expires 18/04/2012.

43 days shortfall,

Please advise do i need to extend my Visa,

PEO advised over the phone that i can apply for ILR through POST before 43 days.

Please advise.

Sup · Post by **Sup** » Sat Feb 12, 2011 7:09 pm

yasmab wrote:I got similar case

Came to UK under 5 years work permit

First Entry to UK 30/05/2007.
Visa Expires 18/04/2012.

43 days shortfall,

Please advise do i need to extend my Visa,

PEO advised over the phone that i can apply for ILR through POST before 43 days.

Please advise.

Hi yasmb

I am actually in same boat...

I am also on 5 year WP.

First entery to UK 24/05/2007.
Visa expires 17/04/2012.

37 days short!

Yes, it is frasustraing...

How was response from PEO on the phone?

I am really hopeful on the following..
http://www.immigrationboards.com/viewt ... highlight=

please share more info, if you have...
thanks

rizwan567 · Post by **rizwan567** » Wed Apr 13, 2011 12:08 am

Good news for all of you...

I also discovered this yesterday and posted my feedback http://www.immigrationboards.com/viewto ... ht=#478183 but nobody left any feedback.

I also think that this 3 months concession applies to Tier 1 General now.

I think 28 days policy is not applicable when this concession is in force. I am just assuming this its not written anywhere and only UKBA can clarify this

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Just short of 5 years (HSMP / Tier 1) - do i need extension

Just short of 5 years (HSMP / Tier 1) - do i need extension

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