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Arived 89 days late on Tier 1 VISA, effect on ILR?

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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Srieuk
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Posts: 58
Joined: Mon Jul 23, 2012 7:51 pm

Arived 89 days late on Tier 1 VISA, effect on ILR?

Post by Srieuk » Tue Jul 24, 2012 9:24 pm

My first Tier 1 started on 24 October 2008 but arrived in UK on 21st Jan 2009 that is after 89 days(including day VISA started from and excluding day arrived in UK I:e less than 3 months) and since then I was outside UK on paid holiday for 55 days so that is a total of 89+55=144days outside UK so far and current extended Tier 1 coming to end on 24 October 2013 so I wonder should I go for ILR using postal service or PEO or for another extension. Guys who went through these three options and got success can you please suggest? 

Thx in advance 
Srie

republique
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Re: Arived 89 days late on Tier 1 VISA, effect on ILR?

Post by republique » Wed Jul 25, 2012 9:40 am

Srieuk wrote:My first Tier 1 started on 24 October 2008 but arrived in UK on 21st Jan 2009 that is after 89 days(including day VISA started from and excluding day arrived in UK I:e less than 3 months) and since then I was outside UK on paid holiday for 55 days so that is a total of 89+55=144days outside UK so far and current extended Tier 1 coming to end on 24 October 2013 so I wonder should I go for ILR using postal service or PEO or for another extension. Guys who went through these three options and got success can you please suggest? 

Thx in advance 
Srie
As you didn't arrive until jan 2009, you can not complete 5 years of residency until that date.

Srieuk
Junior Member
Posts: 58
Joined: Mon Jul 23, 2012 7:51 pm

Re: Arived 89 days late on Tier 1 VISA, effect on ILR?

Post by Srieuk » Wed Jul 25, 2012 5:23 pm


As you didn't arrive until jan 2009, you can not complete 5 years of residency until that date.
Thanks for your reply but please explain why it causes problem when 89days late arrival is less than less than 3 months allowed?

ChetanOjha
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Location: London

Post by ChetanOjha » Wed Jul 25, 2012 8:15 pm

You will need extension before you apply for ILR.

republique
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Re: Arived 89 days late on Tier 1 VISA, effect on ILR?

Post by republique » Thu Jul 26, 2012 9:53 am

Srieuk wrote:

As you didn't arrive until jan 2009, you can not complete 5 years of residency until that date.
Thanks for your reply but please explain why it causes problem when 89days late arrival is less than less than 3 months allowed?
You were not a resident for 5 years because you didn't start residency until jan 2009. So what is the part you don't understand?

tier1Reading
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Posts: 171
Joined: Thu Jun 14, 2012 11:45 am

Post by tier1Reading » Thu Jul 26, 2012 10:41 am

No, you don't need extension.

Check FAQ number Q5:
http://www.immigrationboards.com/viewtopic.php?t=79378

Page 4 at:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

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.

Srieuk
Junior Member
Posts: 58
Joined: Mon Jul 23, 2012 7:51 pm

Re: Arived 89 days late on Tier 1 VISA, effect on ILR?

Post by Srieuk » Thu Jul 26, 2012 7:26 pm

republique wrote:
Srieuk wrote:

As you didn't arrive until jan 2009, you can not complete 5 years of residency until that date.
Thanks for your reply but please explain why it causes problem when 89days late arrival is less than less than 3 months allowed?
You were not a resident for 5 years because you didn't start residency until jan 2009. So what is the part you don't understand?
Thanks for replies, @republique: I had asked becoz of opinions like tier1 reading expressed in his post above, what do you say?

Srieuk
Junior Member
Posts: 58
Joined: Mon Jul 23, 2012 7:51 pm

Re: Arived 89 days late on Tier 1 VISA, effect on ILR?

Post by Srieuk » Thu Jul 26, 2012 7:54 pm

republique wrote:
Srieuk wrote:

As you didn't arrive until jan 2009, you can not complete 5 years of residency until that date.
Thanks for your reply but please explain why it causes problem when 89days late arrival is less than less than 3 months allowed?
You were not a resident for 5 years because you didn't start residency until jan 2009. So what is the part you don't understand?
Hey found another similar case check below link, please comment?
http://www.immigrationboards.com/viewtopic.php?t=101716

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