New Forms - Question

guly3 · Post by **guly3** » Tue Feb 26, 2008 11:17 pm

Hi,
I am an HTMP visa holding and would be applying for ILR later this year. I was reading through the guide for the new forms and in section 5 for SET(0) it is written

WHEN TO APPLY
You and any dependants included in your applicationmust
apply before the end of your/their permitted stay
in the UK. 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. Please do not apply more
than 28 days before completing that qualifying period.
If you apply earlier than that, your application may be
refused. If that happens, we will not refund the fee and
you will have to pay again when reapplying.

I was of the opinion that the qualifying period starts from the moment applicant enters the country. Is there a change in policy here or am I reading it the wrong way.

Thanks in advace

Gul

John · Post by **John** » Tue Feb 26, 2008 11:34 pm

I was of the opinion that the qualifying period starts from the moment applicant enters the country.

No, that is not correct, and hasn't been since a change of policy back in October 2000.

Up to that date in 2000 British Missions overseas effectively did not grant visas. In a sense they merely granted permission to travel to the UK, and the actual visa would be granted at the Port of Entry. But that changed and now the visa .... with its start date and end date .... is now granted overseas.

tvt · Post by **tvt** » Tue Feb 26, 2008 11:36 pm

This is not a change of practice.

Your Leave to Enter commenced when you first entered the UK on the basis of a specific Entry Clearance / Visa.

John · Post by **John** » Tue Feb 26, 2008 11:47 pm

TVT, are you saying that there was not a change of policy in 2000?

paulp · Post by **paulp** » Wed Feb 27, 2008 12:14 am

The IOs don't give leave to enter at the airport anymore, do they? Having said that, residence time for spouse visas start from the date the spouse enter the country and I thought it was the same for WPs and HSMPs.

PaulM · Post by **PaulM** » Wed Feb 27, 2008 12:26 am

So does this mean that I wont need an extension (on my UK Ancestry visa) in 4 and a half years time because I entered 42 after visa date which was printed in my passport..Because if I get you correctly the clock starts on the date stamped in passport and not the date you actually enter the country..?

paulp · Post by **paulp** » Wed Feb 27, 2008 8:23 am

I always thought it started from the date you entered the country. I also agree with tvt, although the IOs no longer give a "Leave to enter" stamp, the endorsement of the residence permit counts as leave to enter.

I got this from the work permit IDIs:

IDI Chapter 5 Section 1 wrote: 4. SETTLEMENT
Under Paragraph 134 of HC 395 settlement may be granted to those who have completed 4 years here in this
category, if it is specifically applied for.

So, I believe your clock starts when you set foot in the country. BTW The home office still has the residence time as 4 years instead of 5. I may have got the old version.

guly3 · Post by **guly3** » Wed Feb 27, 2008 4:37 pm

I understand it now after going through another post on this forum.

For people, not in the UK, it is the date they set foot in the country

For people already in the UK on some other status e.g. student, it is the date, the work permit/HSMP visa is issued.

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New Forms - Question

New Forms - Question