ILR eligibility

Hi,

I came to UK under Highly Skilled Migrant Program on 14 Oct 2007.
I need some information/clarification about the recently UPDATED policy on settlement for Tier 1 General.
Following are my basic details for your consideration for advising me.

Initial Entry Clearance Valid From : 23 jul 2007 to 23 jul 2009
Date I First landed in UK : 14 Oct 2007

Later converted to Tier 1(Gen) during extention in 2009. It is valid till 23 Jun 2012

Out of Uk details, during the complete period of time,till date as follows

Initial entry delayed ----------------- 81 days (unpaid)
11 sep 2008 to 21 sep 2008 ------------ 10 days (paid holidays)
26 dec 2009 to 25 jan 2010 ------------ 31 days (paid holidays)
1 may 2010 to 17 may 2010 ------------- 17 days (paid holidays)
29 may 2011 to 27 jun 2011 ------------ 29 days (paid holidays)

Based on above details, I need advise whether I'm eligible to apply ILR in june 2012 or not?

If not what I have to do?

Even i would require this information

Came beyond date by 73 days.

and left in middle for 37 + 22 days.

1 year more left to complete my 5 year visa period.

Am i eligible for PR?

Thanks for ur help.

ananthahari wrote:Hi,

I came to UK under Highly Skilled Migrant Program on 14 Oct 2007.
I need some information/clarification about the recently UPDATED policy on settlement for Tier 1 General.
Following are my basic details for your consideration for advising me.

Initial Entry Clearance Valid From : 23 jul 2007 to 23 jul 2009
Date I First landed in UK : 14 Oct 2007

Later converted to Tier 1(Gen) during extention in 2009. It is valid till 23 Jun 2012

Out of Uk details, during the complete period of time,till date as follows

Initial entry delayed ----------------- 81 days (unpaid)
11 sep 2008 to 21 sep 2008 ------------ 10 days (paid holidays)
26 dec 2009 to 25 jan 2010 ------------ 31 days (paid holidays)
1 may 2010 to 17 may 2010 ------------- 17 days (paid holidays)
29 may 2011 to 27 jun 2011 ------------ 29 days (paid holidays)

Based on above details, I need advise whether I'm eligible to apply ILR in june 2012 or not?

If not what I have to do?

Your absences are not a problem but IMO you need an extension.

5 year Qualifying period starts from date, you entered UK. so in your case 14 OCt 2007 and you complete 5 years on 14 Oct 2012.

There is a provision for caseworkers to allow for descretion for time (up to 3 months)between visa being granted and entry into UK. So if in your case worker agrees to apply that descretion your qualifying period starts in 23rd July 2007, meaning you complete 5 years in 23rd july 2012. One can apply 28 days before completing 5 years so earliest you apply for ILR is 25 June 2012. Your visa expires on 23d June 2012, so you need an extension albeit for 2 days.

You must have applied for Tier 1, well before HSMP expired. Not sure if you can challenge date of Tier 1 visa.

Hi,

Thanks a lot for your quick reply. Could you please clarify the following points?

1. If I apply for an extension, whether it comes under new rules?
2. How long it will be extended?
3. If I get extension, is it possible to apply for ILR after 3 months?