Extension or ILR?

Hi,

I got HSMP on 5 Nov 2007 and I entered UK 24 Dec 2007

I got 3 years extension on 5 Nov 2009

My visa will expire on 5 Nov 2012 but My residency will be 4 years, 10 months and 12 days at that time.

What should I do?

1. Can I apply for ILR? OR I have to get extension first to cover that 48 days difference.

2. Is it possible that I can apply for extension + ILR at same time so that if ILR is not succesful, I get the extension?

3. Is there any grace period for the 5 years residency?

4. My family has visa on same date but they came to UK 2 months after me? Do they too need to fulfil 5 years requirement for ILR?

Thanks

you will have to apply for the extension

nmm wrote:Hi,

I got HSMP on 5 Nov 2007 and I entered UK 24 Dec 2007

I got 3 years extension on 5 Nov 2009

My visa will expire on 5 Nov 2012 but My residency will be 4 years, 10 months and 12 days at that time.

What should I do?

1. Can I apply for ILR? OR I have to get extension first to cover that 48 days difference.

2. Is it possible that I can apply for extension + ILR at same time so that if ILR is not succesful, I get the extension?

3. Is there any grace period for the 5 years residency?

4. My family has visa on same date but they came to UK 2 months after me? Do they too need to fulfil 5 years requirement for ILR?

Thanks

1. Yes
2. Not sure about this
3. Yes

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but will not have spent five 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 five years, provided this period was not longer than
three months.

4. No. Only 2 years for dependants.

Hi srikp,

you mentioned about 2 years for dependents. Are they excluded from 90 days out side the country rule? My wife, who is tier 1 dependent, went to india for maternity and stayed there for 6 months and came back in july 2011. We are eligible for ILR in Feb 2013. Will it be of any problem for her during ILR application?

Thanks
Vikram

hsmp_1476 wrote:Hi srikp,

you mentioned about 2 years for dependents. Are they excluded from 90 days out side the country rule? My wife, who is tier 1 dependent, went to india for maternity and stayed there for 6 months and came back in july 2011. We are eligible for ILR in Feb 2013. Will it be of any problem for her during ILR application?

Thanks
Vikram

See 319E. Requirements for indefinite leave to remain in the link here:

http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/

Based on these guidelines, the answer is yes, dependents are excluded from continuous stay as long as they satisfy the 2-year stay period in the UK.

Thanks srikp.

Thanks innocentdevil & srikp
@Srikp Is this rule will be applied to all applications that fall in this category or its on the discrition of the case worker as the wording here is confusing

Caseworkers may count the period

Anyone have personal experience like this? Please comment!

Caseworkers may count the period

I haven't applied for my ILR yet so cannot confirm. I'm in the same boat in terms of falling short by few months to complete 5 year period.

Also, I haven't read any experiences in this forum where Tier1 holder's ILR has been approved/rejected based on satisfying this rule (although I've read WP holders have been successful.)

Apparently, in UKBA instructions/guidance, 'may' is a generic word used in place of 'should'/'can'. I hear there's not too much to read between the lines.

If anyone has this experience, please confirm as we need to decide what route we should go.

I think that you and your dependants may apply for ILR shortly before you leave expires.