When Can I Apply for ILR?

Hi All, as everybody else is doing, if I fail to Congratulate all HSMPians for winning the JR, it shouldn't be good on my part.

I entered UK on 15 September 2005 on HSMP, and hence I am covered by the judgment, so can get ILR in 4 years, i.e. this year. My HSMP VISA (EC) was stamped on 26th July 2005, but I entered after 1 month and 20 days of the stamp on my EC.

My question here is, when will I become eligible for ILR? on 26th July 2009 or 15 September 2009?

I tried searching similar threads, but couldn't find it, hence starting a new thread here, if there is already existing any thread for similar question, please guide me to it and Forgive me for creating a new thread here.

Appreciate all of your guidance,

Regards,
Dhaval

If, i am not wrong, it would be 4 years from the date of your entry into uk not 4 years from the visa issued.

SET(O) GUIDANCE NOTES - Version 04/2009 state :

5 WHEN TO APPLY

There is a qualifying period to complete in most of the categories on this form. That period runs from the date on which you were granted leave to enter or remain in this capacity.

Wouldn't "date on which grated leave to enter" mean the start date of visa rather than when person physically entered the country because that was the date when the permission was granted though the permission was availed on a later date. ???

Anyone with similar experience please share.

GoodnessGraciousMe wrote:SET(O) GUIDANCE NOTES - Version 04/2009 state :

5 WHEN TO APPLY

There is a qualifying period to complete in most of the categories on this form. That period runs from the date on which you were granted leave to enter or remain in this capacity.

Wouldn't "date on which grated leave to enter" mean the start date of visa rather than when person physically entered the country because that was the date when the permission was granted though the permission was availed on a later date. ???

Anyone with similar experience please share.

I am 200 % sure it is the date you entered UK and not the VISA date ..

Yeah got that. The form asks for the date when person entered not the date when visa was stamped.

S ECT ION 6 - ABS ENCE S FROM THE UK
When did you (the main applicant) first enter the UK? This refers to the
date of your first entry into the UK at the beginning of the period of stay
on which this application is based.

[/quote]

aren't these two statements contradictory then?

I think 'leave to enter' is given by the immigration officer at the port of entry. When you applied for your visa you got an 'Entry Clearance Visa'.

I had recently called HO and was told that the VISA/EC is considered activated on the date we entere this country and 4/5 years' period would be counted from the date of activation of VISA/EC. This clears all the doubts.

Thanks for all your opinions.

Dhavaluk,
have a quest for you. what will you do for the extra day between july'09 and sept'09. are you going to apply for extension for these few days?
thanks
S

salehin142,

Had no other option than to apply for FLR for those 6 weeks, if I had not entered in UK before 6th April 2006, I have FLR granted until July 2010... why r u asking this? are you aware of any case?

dhavaluk wrote:salehin142,

Had no other option than to apply for FLR for those 6 weeks, if I had not entered in UK before 6th April 2006, I have FLR granted until July 2010... why r u asking this? are you aware of any case?

havent heard of any case. asking because i entered on T1 last month after 35 days. Just wanted to know the process. So, does it mean i'll hv to apply for FLR twice, one for 35 days and one for 2 years (in my case)?
Thanks

salehin142 wrote:salehin142,

So, does it mean i'll hv to apply for FLR twice, one for 35 days and one for 2 years (in my case)?
Thanks

Yes, that is what I was advised by HO official on phone. I am not very sure though, so want to hear from someone who has practically done so.

Thanks very much.
Pls let me know if you come across someone who has done so.
cheers

This is a new questions guys:

A friend's wife is on HSMP since 2004, with the recent JR victory she should apply for PR whenever HO come out with their new policy to effect the judgement. Now the question is, will my friend (husband) has to do the Life in the UK Test since he is a dependant and the main applicant is doing it anyway?

Will appreciate responses from people who has applied in the past. Thanks

justice_will_reign,

Yes, unfdortunately he will have to, as as per the guidelines of HO below:

30. Will my dependants have to meet the requirements?
If your dependants are aged 18 or over and under 65, they will also need to meet the requirement, unless they fall into one of the exempt categories.

See the below link or forward your friend to check it for more information.
KNOWLEDGE OF LIFE IN THE UK:
REQUIREMENTS FOR SETTLEMENT APPLICATIONS

Hope this helps,

dhavaluk wrote:justice_will_reign,

Yes, unfdortunately he will have to, as as per the guidelines of HO below:

30. Will my dependants have to meet the requirements?
If your dependants are aged 18 or over and under 65, they will also need to meet the requirement, unless they fall into one of the exempt categories.

See the below link or forward your friend to check it for more information.
KNOWLEDGE OF LIFE IN THE UK:
REQUIREMENTS FOR SETTLEMENT APPLICATIONS

Hope this helps,

Thanks dhavaluk for those information, very much appreciated!

dhavaluk wrote:Hi All, as everybody else is doing, if I fail to Congratulate all HSMPians for winning the JR, it shouldn't be good on my part.

I entered UK on 15 September 2005 on HS

Regards,
Dhaval

Anybody dependent/main applicant applying for ILR is bound to pass LIFE in the U.K test in order to get ILR.

The earliest you can apply is the 3 years and 11 months after your arrival in the U.K. Since you landed on 15 Sep 2005 so the earliest you can apply is 15 Aug 2009. As your visa is expiring on 26th July 2009 so you are short by 20 days therefore you would need to apply for another visa extension before you apply for ILR.

The summary is, all those who come to country within 1 month of issuance of EC can apply for ILR without getting an extra extension. Anyone who comes after 1 month will have to pass 2nd extenion test in order to complete 3 year 11 month or 4 year 11 month ILR qualification period.

Date of stamping of visa is never the start of ILR period. Say if someone has got visa of 3 years (which is the case these days) if the person comes after 2 years..is he going to get ILR just after 3 years of staying in the country!!! No never......... because date of entry is the start date of the period...Logical, isnt it??

Hope this clarifies.

rizwan567 wrote:Say if someone has got visa of 3 years (which is the case these days) if the person comes after 2 years..is he going to get ILR just after 3 years of staying in the country!!! No never......... because date of entry is the start date of the period...Logical, isnt it??

It sounds funny though, but I think you are missing a point here, after issuance of VISA there is a time limit within wchich one must use it, not that you enter in the country at the end of 2 years and 11 months on your 3 years visa.

Thanks for the answer that was already received anyways.

dhavaluk wrote:

rizwan567 wrote:Say if someone has got visa of 3 years (which is the case these days) if the person comes after 2 years..is he going to get ILR just after 3 years of staying in the country!!! No never......... because date of entry is the start date of the period...Logical, isnt it??

It sounds funny though, but I think you are missing a point here, after issuance of VISA there is a time limit within wchich one must use it, not that you enter in the country at the end of 2 years and 11 months on your 3 years visa.

Thanks for the answer that was already received anyways.

No there is no time limit on visa to avail it. I have seen people travelling for the first time just 6/7/8 months before the expiry of HSMP visa. They never had any problem at the airport immigration. This shows, You can come any time in the validity of the visa but getting extension is the other issue. Those covered under JR can get extension without any problem.

GoodnessGraciousMe wrote:Yeah got that. The form asks for the date when person entered not the date when visa was stamped.

S ECT ION 6 - ABS ENCE S FROM THE UK
When did you (the main applicant) first enter the UK? This refers to the
date of your first entry into the UK at the beginning of the period of stay
on which this application is based.

[/quote]

Hi,

I understood from the post that Date when entered UK starts the period...
Even though I am not eligible for ILR yet, I am curious to know one thing

How do they know the proof for this?, Because I got my WP on 1/4/2005 and I entered country on 25/04/2005..but there is no stamp on my passport to show this as I entered from another EU country, hence domestic travel..no stamp at LHR, none checked.

VT