I came after 3.5 months of receiving the HSMP Visa.
My timelines are given below:
Visa Stamped (HSMP): OCT 2007
Arrived in UK: Jan 2008
1ST Extension (Tier1) : OCT 2009
2nd ext: due in: OCT 2012
Can i apply for ILR in Oct 2012 as my arrival date in uk is after 3.5 months of visa stamping?
Samie - this is what UKBA policy states:
"Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but due to
delayed travel 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."
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
I am afraid the additional 0.5 month might cost you another extension.
A work around may be to apply quite close to your visa expiry. they take at least 2 months to stamp your visa. Will that be counted towards your continuois stay, I am not too sure. But that seems the only plausible work around, IF any !