HSMP ILR - 5 years calculation

Apologies if this question has been answered before, I could not find it.

I entered UK three months after the HSMP Visa was stamped on my passport. So, when my extended HSMP visa ends I would have completed 4 years and 9 months of actual stay in UK.

At the end of my current HSMP extension,

(a) Can I apply for ILR, considering that the I had 5 years of HSMP visa in my passport, even though my actual stay in UK would be three months short?

OR

(b) Should I apply for another HSMP extension and complete the three months shortage period before I can apply for ILR?

You will have to apply for an extension. You have not been in the UK for 5 years under hsmp

SYH is correct, ILR clock starts when you enter the country not when its stamped on your passport so you would need to get extension

Most HSMPs may not arrive on the date of stamp / date of entry as per the HSMP visa. Many may arrive few days or a month later. So does this mean that all these HSMPs have to apply for HSMP extension again after the end of 5 year period..

I think many candidates will be affected..

Are there not any grace period or time allowed for arrival..

You can apply 28 days before the 5 years, so that is in effect the grace period.

Only 1+3+3 group will not be affected to qualify 5 years rule for ILR. All other group, except who got entry UK within 28 days after stamping HSMP visa, will have to face another extension (FLR). So who is sleeping after getting 1st extention will not safe.

Please leave your expectation to get result by putting your leg on other's shoulder and please come forward yourself to fight against retrospective nature extension rule of HSMP OR prepare yourself to face 1st / 2nd extension to make UK your main home.

Regards.

So Ppl who came here under 1+4 will have to use FLR after end of that period if they did not come within 28 days from getting the EC ; to get an extension.

Any idea for how many years the next extension will be...

Just 1 year/ 3 years/4 years..

Cheers

Ajex

ajex-2000 wrote:So Ppl who came here under 1+4 will have to use FLR after end of that period if they did not come within 28 days from getting the EC ; to get an extension.

Not merely FLR, but also to ensure he/she qualifies again at that point of time. Otherwise no FLR, instead go back

gainvidya, ajex +others,

I don't think people with 1+4 should bother so much on meeting new criteria for FLR most especially if they entered UK before November 8th 2006 when the new rules was announced.

Most people who came in under 1+3 but refused FLR due to the new rules were able to get extension successfully with appeal.

So no course for alarm for those who are 1+4 or 1+3 and entered UK before November 8, 2006. If Home office refuse, just go for appeal and court will determine your case based on Human right rule/Old guardian notes.

cheers

larry,

Yeah I am aware of that and thats why am not worried much about extension aspect...

Can you comment on the question that after 1+4 when I get FLR extension it will be for what period...1/3/4

Cheers

ajex

What if you entered the UK within 28 days from the HSMP Visa stamp but your dependents entered 3 months after? Will they (or you) be needing to extend again after 4 years and 9 months?

Or your dependents will automatically follow your status regardless of the time they entered the UK?

Hi All,

Can you please shed some light on the queries....

many thanks..

Cheers

ajex

Interesting. I am entering within four days of my (initial 2yr) HSMP EC validity - but only for 10/11 days, and then reentering UK for good six months after that. I might come for short stays if I get interview calls between those six months.

Where would that put me at the end of my 2+3 yrs on HSMP EC? Will I need to make up for these six months [and any other time out of UK in the total five yrs (short trips)] by applying for further HSMP extension before being eligible for ILR?

I guess rules will probably change a hundred more times between now and the next five yrs, but want to know all my options anyway.

Any helpful, knowledgeable insight will be highly appreciated. Thanks.

guys ,


"You can apply 28 days before the 5 years, so that is in effect the grace period."

i was wondering about this grace period .

Even if you have considered using the grace period of 28 days , your HSMP VISA expires and then how can you apply for a ILR when you don't have a VISA to stay in UK .

unless well if you have come to UK on the on the date of stamp or atleast 2 weeks after the date of stamp which gives you time to legally stay in UK before applying for ILR .

is that possible to arrive like this ?
Most HSMPs may not arrive on the date of stamp / date of entry as per the HSMP visa.

Atleast a month is required for a person to quit his job and settle things back home before taking this adventurous journey of making UK ones main home.

unless well if he is quite smart enough to think of about this situation and just come on the date of stamp and stay only to attend interviews without leaving his job back home .And going up and down and make sure he does not stay outside UK for more than 3 months continuously / 6 months totally in five years .

or has been in the UK on some other VISA and then took an HSMP visa/extension while staying in UK.

So would that make anyone who has applied for HSMP outside the UK valid to apply for ILR ???

regards
jai

While you have an application pending, your leave continues under the Immigration ACt 1971, so you are still here legally even if your previous leave has expired.

Can anyone help me with my query...

I came 6 weeks after EC ..so

after 1+4 I need to go for FLR and meet the FLR criteria existing then ....

but when I get FLR extension it will be for what period...1yr only or 3/4 yrs.

Cheers

ajex

Leave to remain for further 3 years would be issued if you fulfill the present criteria.
Chinn

ajex-2000 wrote:

Can anyone help me with my query...

I came 6 weeks after EC ..so

after 1+4 I need to go for FLR and meet the FLR criteria existing then ....

but when I get FLR extension it will be for what period...1yr only or 3/4 yrs.

Cheers

ajex

You will be issued 3 years. Check the guadian notes

Hi avjones,
I looked into the guidance note of ILR and couldn't able to locate the "grace time period for entering UK is 28 days".

Can you please help me in this.

Regards,
Sri

The reason I wrote that the grace period is in effect 28 days, is that because if you enter within 28 days you will be able to apply for further leave within the currency of the visa, without having to get an extra extension.

For example - if you get a 5 year visa, and enter within 28 days, you can apply for ILR if you have spent 5 years minus 28 days here. So if you enter after 28 days, you'll need to get an extension.

jai123 wrote:guys ,


"You can apply 28 days before the 5 years, so that is in effect the grace period."

i was wondering about this grace period .

Even if you have considered using the grace period of 28 days , your HSMP VISA expires and then how can you apply for a ILR when you don't have a VISA to stay in UK .

unless well if you have come to UK on the on the date of stamp or atleast 2 weeks after the date of stamp which gives you time to legally stay in UK before applying for ILR .

is that possible to arrive like this ?
Most HSMPs may not arrive on the date of stamp / date of entry as per the HSMP visa.

Atleast a month is required for a person to quit his job and settle things back home before taking this adventurous journey of making UK ones main home.

unless well if he is quite smart enough to think of about this situation and just come on the date of stamp and stay only to attend interviews without leaving his job back home .And going up and down and make sure he does not stay outside UK for more than 3 months continuously / 6 months totally in five years .

or has been in the UK on some other VISA and then took an HSMP visa/extension while staying in UK.

So would that make anyone who has applied for HSMP outside the UK valid to apply for ILR ???

regards
jai

Hi

What is the situation if an HSMP holder stays outside uk for more then 3 months (like 104days continusly).

He/She not eligible to ILR ? what is the solutions and what if it is medical or business trip.

Any one can advice me.

Regards

xxxxxxx