Tier 1 Extension or ILR

drzeevoh73 · Post by **drzeevoh73** » Wed May 11, 2011 10:51 pm

Hi, I got my HSMP entry clearence on 15/April/2007 but entered UK on 28/June/2007 , almost 75 days late, got my visa extended as Tier 1 in April 2009, my ILR will be due in june 2012. Now i am wondering if i have to apply for another extension or i can apply directly for ILR . During my stay here i have been out of country for 180 days at different times (most are paid holiday ).

vinny · Post by **vinny** » Thu May 12, 2011 3:17 am

See also Indefinite leave to remain - calculating continuous period in UK and Chapter 6A - Settlement.

drzeevoh73 · Post by **drzeevoh73** » Thu May 12, 2011 9:05 am

Thanks for your reply, the modernised guidiance says that
"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".
My question is that is it case workers discretion or everybody falling under the guidiance parameters will be benefited.
thanks.

s_saini · Post by **s_saini** » Thu May 12, 2011 1:55 pm

I also Entered UK after two months of getting Visa.

I am short my 30 Days to Apply for ILR (i.e (28 + 30)).

By seeing this, It looks I can apply for ILR after 4 Years and 10 months.

But one point. It says, Case Worker may Count. (i.e may or may not be?)

Wait for any senior member to comment on this.

vinny · Post by **vinny** » Thu May 12, 2011 2:00 pm

"May" is normal wording used in the immigration rules.

s_saini · Post by **s_saini** » Thu May 12, 2011 2:15 pm

If this the case, we might save Â£2000(Â£1000+Â£500+Â£500) for the extension, which is required to fill the 30 day gap for ILR.

Very good for people like me.

ruthie · Post by **ruthie** » Mon May 16, 2011 12:43 pm

s_saini wrote:I also Entered UK after two months of getting Visa.

I am short my 30 Days to Apply for ILR (i.e (28 + 30)).

By seeing this, It looks I can apply for ILR after 4 Years and 10 months.

But one point. It says, Case Worker may Count. (i.e may or may not be?)

Wait for any senior member to comment on this.

I'm wondering in your particular case, whether the application can still be made 28 days before you reach '4 Years and 10 months', which is similar with what we normally do?

I am pretty much on the same boat, the only difference is I am under HSMP JR(before Nov 5 2006) and got the visa extended till 5 years after I entered UK. But I still want to apply for ILR earlier if I can according to the rules.

s_saini · Post by **s_saini** » Mon May 16, 2011 1:08 pm

Hi Ruthie

As I got Visa On 14 Jan 2009, I travelled to UK on 11 March, 2009. So I can Only Apply For ILR 28 Days Before 14 Jan 2014, there is no other way around for this.

Please correct me me If I am wrong.

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Tier 1 Extension or ILR

Tier 1 Extension or ILR

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