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ILR confusion. Student visa switch to Hsmp from India

Posted: Wed Oct 20, 2010 12:34 am
by yakovnewman
Hi Guys ( Sorry for the Long version )

I got my student visa from India on the 6-10-2001 for a year, and continualy got extensions on my visa until Nov 2007 (all these extensions were applied in-time)

Student Visa from India: 06-10-2001 - 29-07-2002
extensions from UK - valid until 29-07-2005
extension from UK - valid until 12-09-2007

In March 2007 while i still had my Student Visa valid, I applied for HSMP and didnt get a reply from the Home office and planned a visit to india in May 2007. But just a day before leaving for india for my holidays (while my student visa was still valid) I received my approval letter for HSMP and still went to india and applied for an Entry Clearance for my HSMP. my HSMP got approved and my passport was stamped with 2 yrs HSMP on the 16th of May 2007.
At this time i had two visas stamped on my passport. Student visa which was valid until Nov 2007 and then HSMP which was valid until May 2009.

I stayed in India until 26th June 2007, and then returned to UK

i then further extended my HSMP (which was then converted into Tier 1 General) before 16 May 2009 and got this extended until 16 May 2012.

the confusion i am having now is

1) Do i qualify for a 10 year Indefinite leave to remain in October 2011? keeping in mind that i got my HSMP from India. but then i still had my student visa valid then so a continuous valid UK visa from October 2001.

2) Do I qualify for a 5 Year indefinite leave to remain on the 16 of May 2012? Keeping in mind that my Visa was stamped on the 16th of May 2007 initially and i entered UK on the 26th of June (sine the visa stamp date and passport delivery date are different in India)
Or do i have to apply for an extension for one Month and 10 days before i can apply for an Indefinite leave to Remain.

I know it is a long story but your advice will really be helpfull

Kind Regards,

Posted: Wed Oct 20, 2010 1:07 am
by vinny
1. Probably.

2. Unfortunately, you may apply for ILR no sooner than 29th May 2012 unless they allow three month grace period, as with Tier 2. However, as it's only a few days difference, try apply before it expires and pay by cheque to slow things down.

Suggest trying Long residence.

Posted: Tue Nov 02, 2010 1:24 am
by yakovnewman
Thanks.

The other thing. if i have to apply for another extension. i will be 32 by then. even though when i applied for my first extension i was 29 and claimed full points for age.

when i initially applied for tier 1 (HSMP) the age requirement was under 27 so claimed full points for age
when i had my first extension after 2 yrs i was under 29 so claimed full points for age again.
Now if i have to send my passport for another extension. i will be almost 32 by that time. so that means i will not be able to claim points for my age??

Please advise

Posted: Tue Nov 02, 2010 9:40 am
by vinny
See also Age.