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Limited Leave to Remain or Fresh Extension

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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mohd.jabbar
Newly Registered
Posts: 1
Joined: Fri Sep 30, 2011 10:43 am
Location: Hatfield

Limited Leave to Remain or Fresh Extension

Post by mohd.jabbar » Fri Sep 30, 2011 11:27 am

Hi

I would like someone to provide me advice and guidance on my issue. Let me explain it clearly

My HSMP visa was stamped in India with entry clearance date for 17th Jan 2008 , but since i was working in India i was only able to land in UK on 18th March 2008 exactly after 60 days.

My next extension was in 2010 under Tier 1 General and is valid till 23rd Jan 2013.

My questions are
1) since i came to UK 2 months late will i need to apply for another extension to my Tier 1 visa and then apply for ILR or is there any other option / clause with which i can request the home office to extend my visa to complete the 5 year period of my stay in UK

2) I have been out of UK for 120 days on Paid Annual Leave but never more than 90 days in one stretch. Is the Annual leave counted towards the 180 days limit or is that exempted

3) My wife is on Tier1 dependent along with me and will the 180 days limit apply to her when we go for ILR. Can she be out of UK for more than 90 days in one stretch.

4) My daughter was born in UK and currently as my dependent. Can she be out of UK for more than 90 days in one stretch, And if she stays then will it cause any problem when we go for ILR and Naturalization.

Thanks

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Re: Limited Leave to Remain or Fresh Extension

Post by Lucapooka » Fri Sep 30, 2011 12:16 pm

1) If your extension is granted to complete exactly five years from the issue date of your HSMP visa, and therefore creating a gap, you will allowed to include the time spent between the issue of your visa and the entry into the UK as part of the 5 year residence requirement.

2) Generally, no

3) Days absent are not counted for dependant applicatios.

4) Same answer as 3 but you can skip her ILR application and, instead, simply register her as British after you get ILR.

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