Will I be short by 10 days for ILR?

Hi all,

I sent the following to immigration but they are not accepting email at the moment. Ive also had a hunt thro the posts and seen a couple of questions the same as mine but with no replies. If anybody could help with the below, i would be very grateful:

I am soon to apply for further leave to remain. I currently hold a HSMP visa issued for 2 years that is nearing an end and thus I am to apply for extension under the Tier 1 – General (having replaced the HSMP scheme). The details of which are below:

Initial approval letter granted: 12 December 2006
Entry Clearance given: from 01 June 2007 until 01 June 2009
Landed in the UK: 10 June 2007

My two question’s are these:

As the Entry Clearance started on the 1st of June 2007, and I entered the UK 10 days later on the 10th of June 2007, there is a 10 day difference. I intend to settle in the UK and under the current rules, to apply for Indefinite Leave to Remain I need a continuous period of 5 years in the UK. On the assumption I get approval soon for Further Leave to Remain of an additional 3 more years starting 1st June 2009, I am concerned that after that period of 3 years when I want to apply for Indefinite Leave to Remain I will be 10 days short of the 5 years required.

a) Will the department reviewing my Indefinite Leave to Remain application, take the start of the 5 years living in the UK from the 1st of June 2007 or the 10th of June 2007? Would 10 days be insignificant anyway, and consider my time in the UK to be 5 years regardless of the fact that I arrived 10 days later on the 10th of June 2007?

b) If the 10 day difference is significant, should I (and can I) ask for an extra 10 days added to the 3 years when applying for my Further Leave to Remain?

Thanks heaps guys and gals
Dave

I intend to settle in the UK and under the current rules, to apply for Indefinite Leave to Remain I need a continuous period of 5 years in the UK.

I think the answer to this is simple, and you need to appreciate that the application for ILR can be made up to 28 days before the expiry of the 5 years.

So as 10 days is less than 28 days, in reality you are worrying about a problem that does not exist.

CullenD wrote:Hi all,

As the Entry Clearance started on the 1st of June 2007, and I entered the UK 10 days later on the 10th of June 2007, there is a 10 day difference. I intend to settle in the UK and under the current rules, to apply for Indefinite Leave to Remain I need a continuous period of 5 years in the UK. On the assumption I get approval soon for Further Leave to Remain of an additional 3 more years starting 1st June 2009, I am concerned that after that period of 3 years when I want to apply for Indefinite Leave to Remain I will be 10 days short of the 5 years required.
Dave

Assuming the current rules remain the same, you will not be affected by the 10 days you were away before entering. You will be eligible to apply for ILR from 13th May 2012. (Olympics ...). BUT whether the rules change or not, one 'dodgy rule' remains constant - gap in visa. You must not break your valied Leave to Remain. In other words, as you keep renewing your FLR etc, make sure you dont get a gap by letting one expire before you get a new one!

Thanks for your advice, much appreciated!

And of course, don't overstay.

Hi All,

I got my HSMP from Nov'07 - Nov'09
I came over to UK in Jun'08 ... with a gap of 7 months !!

I got employed from Sep'08 till Aug'09 ... and I have enough funds and meet all the crietria to get my HSMP Extended .. which I will apply in Oct'09.

However, after going thru all the ILR queries, I feel that I am not eligible for ILR.

So, could anyone has any ideas, what should I do, once I complete my 3 yrs of HSMP extension !.

Your advice/ideas are greatly appreciated.

Best Regards,
Ashwath

Hi Ashwath,
In my knowledge, you will have to apply for a further leave to remain - FLR under Tier 1(G) which you may receive for another 2 years under Tier 1(G) which will take you to your ILR qualification period.

Seniors like PaulP can shed more light on this.

Cheers,
A

anandsun wrote:Hi Ashwath,
In my knowledge, you will have to apply for a further leave to remain - FLR under Tier 1(G) which you may receive for another 2 years under Tier 1(G) which will take you to your ILR qualification period.

Seniors like PaulP can shed more light on this.

Cheers,
A

Why don't you check John's post instead of giving out misinformation

republique,
Why dont u re-read the post?
John's post is for gaps less than 28 days. Ashwath's case is a gap of 7 months.

anandsun wrote:republique,
Why dont u re-read the post?
John's post is for gaps less than 28 days. Ashwath's case is a gap of 7 months.

Correct. I was referring to the OP's issue not Ashwath's so I stand corrected as to stating your reply was misleading.

Thankyou all for replying to my original query, answered my question thankyou.

I have managed to get an appointment at the Public Offices for the 26th May 2009 instead of sending in by mail (yay!). Now, keeping in mind the details from the original query:

- Entry Clearance given for 1st June 2007 to 1st June 2009
- Entered UK on the 10th June 2007

and on the basis they grant me Tier 1 extension but date stamp it starting on the 26th May 2009, as its an in person visit (instead of starting when my current leave expires on the 1st June 2009)...

Come the time I apply for Indefinete Leave to Remain, my window of opportunity that I can successfully apply for ILR will be between the 13th May 2012 to the 26th May 2012?

Have I worked that out right ie: overlapping the extension visa with the initial visa and thus shortening the total time issued, from 1st June 2009 to 26th May 2012 shouldn't matter as long as I follow the golden rule of applying 4 years 11 months of entering the country?

...ignoring the fact that they will probably bump up the required settlement time by then

Cheers
Dave

Any thoughts on the above anyone?

Cheers
Dave

CullenD wrote:Thankyou all for replying to my original query, answered my question thankyou.

I have managed to get an appointment at the Public Offices for the 26th May 2009 instead of sending in by mail (yay!). Now, keeping in mind the details from the original query:

- Entry Clearance given for 1st June 2007 to 1st June 2009
- Entered UK on the 10th June 2007

and on the basis they grant me Tier 1 extension but date stamp it starting on the 26th May 2009, as its an in person visit (instead of starting when my current leave expires on the 1st June 2009)...

Come the time I apply for Indefinete Leave to Remain, my window of opportunity that I can successfully apply for ILR will be between the 13th May 2012 to the 26th May 2012?

Have I worked that out right ie: overlapping the extension visa with the initial visa and thus shortening the total time issued, from 1st June 2009 to 26th May 2012 shouldn't matter as long as I follow the golden rule of applying 4 years 11 months of entering the country?

...ignoring the fact that they will probably bump up the required settlement time by then

Cheers
Dave

I wasn't aware you could apply for Tier 1 (G) extension in person. If so, that would work. But even if you did it by post in the last week of April, your extension would still be until 1/6/2012. UKBA routinely give out 3 years from the expiry date.

Under current rules, you can apply for ILR 28 days before your 5 years in the UK, so yes from 13/5/2012. And you would be able to apply until 1/6/2012 when your extension would expire.