HSMP Late Entry of 2+ Months - When to Apply for ILR

Hey Guys, hope someone could help me check out if I misunderstood anything.

We first got our HSMP entry clearance on Sep 29 2006 but entered UK on Dec 17 2006, which means we have an initial gap of 2+ months. Our first extension was valid till Sep 29 2011 but according to the conversation between hsmpforum and home office, we had our visa date of expiry corrected to Dec 17 2011 successfully, which is the date we complete 5 years of residence for ILR based on the old rule. However the new rule indicates the initial gap less than 3 months is no longer a problem.

So my question is, does that mean we can make an application of ILR 28 days before Sep 29 2011, i.e. Sep 1st 2011?

Let me know if I haven't made things clear enough. Thanks in advance.

ruthie wrote: according to the conversation between hsmpforum and home office, we had our visa date of expiry corrected to Dec 17 2011 successfully, which is the date we complete 5 years of residence for ILR based on the old rule.

Hi Mate,

Though from new guidance it looks that you are eligible to apply on 1 sept 2011 but i would suggest to wait till dec for ILR application, it will keep your apllication less complex.

Can I ask you something about the visa expiry correction you mentioned.
How did it happened, was that they first stamped your passport till sept 2011 and than you got it corrected later till dec 2011.

I have similar situation, but I dont have the correction on my passport yet. It is still having the validity till dec 2011 where as i entered in UK on 15th march 2007 as I had 3 month delay in entry clearance adn entry in UK.

Thanks
Anoop

a4anoop wrote: Hi Mate,

Though from new guidance it looks that you are eligible to apply on 1 sept 2011 but i would suggest to wait till dec for ILR application, it will keep your apllication less complex.

Can I ask you something about the visa expiry correction you mentioned.
How did it happened, was that they first stamped your passport till sept 2011 and than you got it corrected later till dec 2011.

I have similar situation, but I dont have the correction on my passport yet. It is still having the validity till dec 2011 where as i entered in UK on 15th march 2007 as I had 3 month delay in entry clearance adn entry in UK.

Thanks
Anoop

Hi Anoop,

Are you covered by HSMP JR? If yes, I think you should be able to get it corrected too. http://www.immigrationboards.com/viewtopic.php?t=71324. But if your delay of entry is a bit less than 3 months, I don't think you need to correct it based on the new rule.

Regarding my case, do you think the date of expiry of the current visa will cause complexity of the case? I really feel our case is one of the simplest ever...

ruthie, If the correction has been made on the duration of your leave (that was earlier granted for less then 5 years), you should apply for settlement as normal i.e. - no earlier than 28 days before the 5th anniversary of your date of entry in the UK as an HSMP migrant.

The provision to allow early application is meant for migrants who delayed their entry by (at most) 3 months and their current leave expires before they complete the qualifying residential period.

Annex B wrote:2.2 Applications that fall short of the five year continuous period

In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months.

a4anoop wrote: Regarding my case, do you think the date of expiry of the current visa will cause complexity of the case? I really feel our case is one of the simplest ever...

thanks mate... I was also going thru similar threads in forum after knowing about correction thing... and found lot of such stories.. so just to be safer side, will send my passport for correction soon.. in my case, the delay also is just over 3 month (just over by 2 days only ...)

Regarding your case, as I see the other experience on this forum, I am now thinking that you should give it a try by applying in person, as in that case.. you can explain ur situation better and hopefully u will get the ILR same day... only thing they can say is you already have visa available till december so why dont u finish the qualifying period of 5 years... because this 3 months period of absense due to delayed entry is upto caseworker to decide... and you can't really question his decision... but still in this case also they will ask to come back later in december... so nothing much to loose... so its worth giving it a try in september...

Annex B 2.2 is a way of saying that UKBA will treat the days between granting of the visa and entry to the UK as any other days when considering your 5 year continuous stay for ILR.

This makes perfect sense, so all you have to do is include all the days you were not in the UK after granting of the visa making sure that it is no more than 180 days in the 5 year period. That's what I would do.

Thank you very much guys. Really appreciate your help.

I kinda agree with paulmu though that Annex B 2.2 is just a way of saying and doesn't necessarily mean that ILR cannot be granted if current visa is not due to expire shortly in this case. It just doesn't quite make sense because that would mean if I didn't have the visa date corrected, I would be eligible for ILR this Sept? AFAIK, ILR decision is never made based on the current visa date of expiry in any other cases? Please correct me if I am wrong.

Maybe I will follow a4anoop's idea and give it a try this Sept...

Then, shouldn't everyone be allowed to apply for extension 3 months early - irrespective of whether or not they have enough leave to complete the qualifying residential period?

Not sure why everyone else needs to wait until the 28th day before the anniversary of entry / switching.

sushdmehta wrote:Then, shouldn't everyone be allowed to apply for extension 3 months early - irrespective of whether or not they have enough leave to complete the qualifying residential period?

Not sure why everyone else needs to wait until the 28th day before the anniversary of entry / switching.

I don't see why not. After all, as long as you satisfy the 180 days rule and the 90 days continuous rule within the 5 year period, then it shouldn't matter whether you entered 2 months or 2 days after your visa was granted. However, if you entered late then you will need to make up the days by having less time outside the UK.

This rule is recently introduced but sensible. For anyone wanting to take this route, it may be worth your while to check out with UKBA to ensure that we have interpreted it correctly.

The 3 month rule applies when your coming into the country. How about if you were in the country and you are a week short. 5 year workpermit switched to Tier 1 General, they stamped me a week short of 5th year anniversary.

Question is can i send a postal application and if they take over a week to decide on my application that will count towards my current stay. On that basis i complete 5 years. Is this a risk worth taking ?

Appreciate some guidance else ill end up paying £1500 ( me plus dependent) on a extension when i can apply for ILR.

akram123 wrote:The 3 month rule applies when your coming into the country. How about if you were in the country and you are a week short. 5 year workpermit switched to Tier 1 General, they stamped me a week short of 5th year anniversary.

Question is can i send a postal application and if they take over a week to decide on my application that will count towards my current stay. On that basis i complete 5 years. Is this a risk worth taking ?

Appreciate some guidance else ill end up paying £1500 ( me plus dependent) on a extension when i can apply for ILR.

Could you provide us your timeline?

ruthie wrote:Could you provide us your timeline?

See this topic.

ruthie wrote:Thank you very much guys. Really appreciate your help.

I kinda agree with paulmu though that Annex B 2.2 is just a way of saying and doesn't necessarily mean that ILR cannot be granted if current visa is not due to expire shortly in this case. It just doesn't quite make sense because that would mean if I didn't have the visa date corrected, I would be eligible for ILR this Sept? AFAIK, ILR decision is never made based on the current visa date of expiry in any other cases? Please correct me if I am wrong.

Maybe I will follow a4anoop's idea and give it a try this Sept...

Did you apply for ILR in sep? If yes what's the out come.Please update.

Any body else who got their visa corrected but now applied early for ILR due to 3 months provision to CW. Please update.