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Tier 1 General / Indefinite Leave timing requirements

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

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mehdiyhi
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Posts: 4
Joined: Tue Feb 15, 2011 10:01 pm

Tier 1 General / Indefinite Leave timing requirements

Post by mehdiyhi » Sun Apr 03, 2011 10:18 pm

Hi

Can you please, give your valuable advise on the below query:

Briefly about my circumstances:
I have obtained my HSMP visa in 18 August, 2007 and entered on the 28th August 2007 and registered myself with police, bank account, address etc..
Unfortinately could not find a required job and had to return to home country but periodically visiting the UK untill 2008 October when I permanently moved with my family having been employed and high salaried since then.

Extended my visa (leave to remain under Tier 1 General) in 2009 August untill 18th August 2012.

I know that I will have to apply for another extension to make full 5 years period but can I hope that my timing spent in the UK towards to Indefinite Leave will not be counted only from October 2008?

Will I be able to credit for my 5 years any timing from the period August 2007 - October, 2008 when I first entered but actually most of the time was out of country having had HSMP visa?

Thanks

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Re: Tier 1 General / Indefinite Leave timing requirements

Post by geriatrix » Mon Apr 04, 2011 1:07 pm

mehdiyhi wrote:Will I be able to credit for my 5 years any timing from the period August 2007 - October, 2008 when I first entered but actually most of the time was out of country having had HSMP visa?
Only if you meet the "continuous residence" requirement with absences remaining within the permitted limit.
Life isn't fair, but you can be!

aliq09
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Posts: 370
Joined: Tue Apr 27, 2010 9:39 pm
Location: London
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United States of America

Re: Tier 1 General / Indefinite Leave timing requirements

Post by aliq09 » Tue Apr 05, 2011 6:39 pm

mehdiyhi wrote:Hi

Can you please, give your valuable advise on the below query:

Briefly about my circumstances:
I have obtained my HSMP visa in 18 August, 2007 and entered on the 28th August 2007 and registered myself with police, bank account, address etc..
Unfortinately could not find a required job and had to return to home country but periodically visiting the UK untill 2008 October when I permanently moved with my family having been employed and high salaried since then.

Extended my visa (leave to remain under Tier 1 General) in 2009 August untill 18th August 2012.

I know that I will have to apply for another extension to make full 5 years period but can I hope that my timing spent in the UK towards to Indefinite Leave will not be counted only from October 2008?

Will I be able to credit for my 5 years any timing from the period August 2007 - October, 2008 when I first entered but actually most of the time was out of country having had HSMP visa?

Thanks

Hi ,

Grab your old / new passport and start writing down your in and out dates . They must cover 5 years in full . You will come across 2 things a) you will have 5 straight years ( which is not the case) b) broken case. You are already provided with the link and it clearly states the broken case issue. In a nut shell , you get " flexibility up to 2-3 months ) but it all depends on case worker .

Good luck!
Thanks

Ali

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