Immigrationboards.com

I sent an email to ukba about the rule
and here is what they replied

Dear Sara,

I can confirm that your understanding of the modernised guidance is correct and provided you can meet all other requirements, you will be eligible to apply for ILR in the 28 days before the 5th anniversary of your HSMP entry clearance start date.

Ann Woodall
UK Border Agency – Settlement Ops Policy team

Thanks you for that.Could put the query which you sent to UKBA here please ? And also you visa details , like what visa you were granted initiall and when did you enter the country and any switches etc ?

This is a well known rule. Every Tom, Dick and Harry knows about it.
If something is clearly mentioned in rules, then its a waste of time asking for a clarification on something that is already very clear since roman times

Hi Asim,

Apologies but I think it is good for a post like this as many users do not know the rule in full and on many occasions ask questions like these.

Hence, I personally think its good that people are taking an effort to let other know!

Keep up the good work Sara.

Yes, thats fine. What I was saying is, that confirming a rule by emailing UKBA is pointless when the rule is simple, well known, and clearly mentioned by UKBA and mentioned in this forum 1000's of times. Every quidance booklet on UKBA website has this rule mentioned in clear words.

asim72 wrote:This is a well known rule. Every Tom, Dick and Harry knows about it.
If something is clearly mentioned in rules, then its a waste of time asking for a clarification on something that is already very clear since roman times

If you have no advice to give on this forum please spare us you stupidity and arrogance.

asim72 wrote:Yes, thats fine. What I was saying is, that confirming a rule by emailing UKBA is pointless when the rule is simple, well known, and clearly mentioned by UKBA and mentioned in this forum 1000's of times. Every quidance booklet on UKBA website has this rule mentioned in clear words.

Asim, Stop being an arrogant jacka**, what is the point of this forum if not to clarfy queries even if they are simple. English may not be the first language for some so there is also a risk of misinterpreting "clear words"so always better to clarify

You got it. That was the point I was making.

my visa was hsmp thn tier 1
i will have 1.5 months visa remaining when i ll apply for ILR as per concession n EC

Asim, I have nothing to say to you !

asim72 wrote:You got it. That was the point I was making.

Asim, seems like you are averaging over 100 posts a month since joining. Yes, you are an ILR expert, great, I think its time to move on with your life now

saraq wrote:I sent an email to ukba about the rule
and here is what they replied

Dear Sara,

I can confirm that your understanding of the modernised guidance is correct and provided you can meet all other requirements, you will be eligible to apply for ILR in the 28 days before the 5th anniversary of your HSMP entry clearance start date.

Ann Woodall
UK Border Agency – Settlement Ops Policy team

Hi seniors,
Kindly clarify me regarding the 3 months concession rule please, will those be considered as holidays, I mean if I enter 2 months late than my visa valid from date and I am out of uk for 100 days during my HSMP/Tier1 tenure, will my holidays be 100 days or 160 days (100 out of uk + 60 late entry).

srsatya wrote:Hi seniors,
Kindly clarify me regarding the 3 months concession rule please, will those be considered as holidays, I mean if I enter 2 months late than my visa valid from date and I am out of uk for 100 days during my HSMP/Tier1 tenure, will my holidays be 100 days or 160 days (100 out of uk + 60 late entry).

To be considered absent from the UK you will need to have entered the UK first. Therefore for ILR purposes your absences will only consist of the 100 days you have mentioned above.