Immigrationboards.com

Dear member,

I just want to get advice on my case. My cases are as follows:

I was granted HSMP on 10 March 2008 till 9 March 2010. The problem is I was away from UK in the first year for about 4 months from 10 April 2008 till 10 August 2008 but I didn't know that that was broken my qualifiying period for indefinate leave to remain.

I am now working full time starting from Sep 2008 and I don't think I have problem in extending the visa on 2010.

It would be greatful if u let me know what I need to do after extension on 2013 and i am short of 5 years qualifying period.

Can I stay extend my Tier 1 visa after that period to apply for ILR.

Thanks you in advance.

tharthar wrote:Dear member,

I just want to get advice on my case. My cases are as follows:

I was granted HSMP on 10 March 2008 till 9 March 2010. The problem is I was away from UK in the first year for about 4 months from 10 April 2008 till 10 August 2008 but I didn't know that that was broken my qualifiying period for indefinate leave to remain.

I am now working full time starting from Sep 2008 and I don't think I have problem in extending the visa on 2010.

It would be greatful if u let me know what I need to do after extension on 2013 and i am short of 5 years qualifying period.

Can I stay extend my Tier 1 visa after that period to apply for ILR.

Thanks you in advance.

Hi Tharthar,

As per what guidance says, one needs to be with in UK for not less than 5 years with a maximum stay outside UK being 90 days with in these 5 years to qualify for ILR. And I strongly feel you just missed to satisfy this rule so you may need to go for a 2nd extension in your case.

Do confirm it with the other members as well.

Happy to Help,
Ash.

Dear Ash,

Thanks for your reply....

I think my qualifying period starts from the days I was coming back into UK in 10 Aug 2008 so I need to be in UK for 5 years qualifying period.

I was wondering about 2 nd extension on my Tier 1 in 2013 March regarding:

How many years are they going to give me for stay?
Can I apply ILR after fulifilling my 5 years rule on 2013 Aug in which I meet the requirements?
Is it the same criteria for me to apply extension as tier 1?

I really appreciate your help.

Thar

ashokccs wrote:maximum stay outside UK being 90 days with in these 5 years to qualify for ILR.

I feel you got it wrong, 90 days limitation is only for the last year, as I remember, it is 225 days in total now for a 5 year period ...

[quote="Sten"][quote="ashokccs"]maximum stay outside UK being 90 days with in these 5 years to qualify for ILR.[/quote]

I feel you got it wrong, 90 days limitation is only for the last year, as I remember, it is 225 days in total now for a 5 year period ...[/quote]

Yes, Sten is right about this.

ashokccs wrote:

tharthar wrote:Dear member,

I just want to get advice on my case. My cases are as follows:

I was granted HSMP on 10 March 2008 till 9 March 2010. The problem is I was away from UK in the first year for about 4 months from 10 April 2008 till 10 August 2008 but I didn't know that that was broken my qualifiying period for indefinate leave to remain.

I am now working full time starting from Sep 2008 and I don't think I have problem in extending the visa on 2010.

It would be greatful if u let me know what I need to do after extension on 2013 and i am short of 5 years qualifying period.

Can I stay extend my Tier 1 visa after that period to apply for ILR.

Thanks you in advance.

Hi Tharthar,

As per what guidance says, one needs to be with in UK for not less than 5 years with a maximum stay outside UK being 90 days with in these 5 years to qualify for ILR. And I strongly feel you just missed to satisfy this rule so you may need to go for a 2nd extension in your case.

Do confirm it with the other members as well.

Happy to Help,
Ash.

thats only for last year...

I would like to reinforce my point and it is regarding 2nd extension for my tier-1.

Does anyone give me any information regarding that issue?

Thanks

tharthar wrote:I would like to reinforce my point and it is regarding 2nd extension for my tier-1.

Does anyone give me any information regarding that issue?

Thanks

Hi Tharthar, as per Sten if the max period of stay outside UK has been extended to 225 day as from 90, then you might well apply for ILR with out any necessity for the 2nd extension.

If in case you have stayed outside UK for more than 225 days, then you would definitely need to extend your visa for the 2nd time.

And moreover, YES you can go for the ILR once you finish your 5 year term with no more than 225 days out of UK irrespective of when the Visa gets expired after applying ILR. (ofcourse it should be valid at the time when giong for ILR )

Excuse me for not updating my DB with the new 225 days period.

Wish U the best,
Ash.

Sten wrote:

ashokccs wrote:maximum stay outside UK being 90 days with in these 5 years to qualify for ILR.

I feel you got it wrong, 90 days limitation is only for the last year, as I remember, it is 225 days in total now for a 5 year period ...

Hi Sten,

Thanks a lot for correcting and upating me. Will make a note of it.

Best wishes,
Ash.

Is it 225 days continuous absent per year or in total over the 5 years?

I only know that NOT allow over continuous absent 90 days in one go and 180 days in total over 5 years.

Can u guys clarify me on that issues?

I also looking for that issue in the home office webiste and still can't find it.. . I really appreciate it if u guys give me the links..

Thanks..

Can anyone clarify on the lead time one can have to qualify for ILR. I can see the qualifying period for ILR is 5 years and it is not possible for anyone to enter the UK on the same day of visa approval if we are outside the UK.

So is it required to do one more extension at the end of first extension to complete the 5 years term?

Cheers,
S

srirags wrote:Can anyone clarify on the lead time one can have to qualify for ILR. I can see the qualifying period for ILR is 5 years and it is not possible for anyone to enter the UK on the same day of visa approval if we are outside the UK.

So is it required to do one more extension at the end of first extension to complete the 5 years term?

Cheers,
S

currently you are allowed to apply for ILR once you are within 28days of the end of your qualifying period. However if you arrive 28days after the date of your initial visa then yes you would need to apply for extension.

p.s those within europe can travel to UK on the day they get visa stamping

srirags wrote:it is not possible for anyone to enter the UK on the same day of visa approval if we are outside the UK

I can assure you this is very possible
1) As f2k has mentioned, you can get to the UK on the same day (planes fly fast !)

2) You could get your entry clearance stamped with a date in the future ..

Sten wrote:

srirags wrote:it is not possible for anyone to enter the UK on the same day of visa approval if we are outside the UK

I can assure you this is very possible
1) As f2k has mentioned, you can get to the UK on the same day (planes fly fast !)

2) You could get your entry clearance stamped with a date in the future ..

Add to that time difference between UK and all other countries in the east

push_hsmp wrote:Add to that time difference between UK and all other countries in the east :D

Uk airports open almost 24hrs - get you visa at 12 IST, this must be 17-30 GMT if I am correct, you should still have 6.5 hrs to get to the UK :) But this is extreme, I agree. So I just asked the consulate to stamp my visa with a date = date of application + 1 month , so I had enough time to pack things and enter on the visa's date )