ILR Eligibility
Posted: Mon Feb 25, 2013 9:11 pm
Hi All,
I hope someone will be able to clarify if I can apply for ILR say on 4th March.
Entry Clearance under HSMP from: 12 Jan 2008
First Entry into UK: 17 April 2008
Tier 1 Extension in Feb 2010: Extended to 17 March 2013
I entered the UK after 96 days. But when I extended my visa, due to Home Office processing delay, it was extended to 17 March 2013.
I want to apply in early March for ILR if I can get an appointment. But technically, I am about 1.5 months from the 5 year period.
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. You 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.
This discretion only applies where the continuity of residence has been broken due to absences abroad. It does not apply where the lawfulness of residence in the UK has been broken, in other words where the applicant has overstayed during the five years.
Does this apply to me. Can I consider myself being here already for 4 years and 11 months ? or do I need to apply for another extension ?
Your advice will be grateful. Thanks in advance
I hope someone will be able to clarify if I can apply for ILR say on 4th March.
Entry Clearance under HSMP from: 12 Jan 2008
First Entry into UK: 17 April 2008
Tier 1 Extension in Feb 2010: Extended to 17 March 2013
I entered the UK after 96 days. But when I extended my visa, due to Home Office processing delay, it was extended to 17 March 2013.
I want to apply in early March for ILR if I can get an appointment. But technically, I am about 1.5 months from the 5 year period.
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. You 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.
This discretion only applies where the continuity of residence has been broken due to absences abroad. It does not apply where the lawfulness of residence in the UK has been broken, in other words where the applicant has overstayed during the five years.
Does this apply to me. Can I consider myself being here already for 4 years and 11 months ? or do I need to apply for another extension ?
Your advice will be grateful. Thanks in advance