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ILR Qualifying Period: Do I need an Extension?

Posted: Sun Feb 13, 2011 3:20 am
by jjsoke
Hi,
I arrived in the UK 19 days after my HSMP (later Tier1 General) was issued, does that mean i'll need to apply for an extension first before applying for my ILR in order to complete the 5 years continous stay rule?
Here is my situation:
HSMP Visa issued 24th January 2007.
Landed in the UK 13th February 2007 (19 days after visa was issued).
Visa Extended under Tier 1 (General) in 2009 until 24th January 2012.
Have stayed in the UK continously in that period aside from a 6 days company training in Europe and a 2 weeks family holiday in the USA.

The question is, Can I apply for my ILR around the 24th January 2012 even though I will be 19days short of the 5years continous stay? Or do I have to apply for an extension first and then apply for the ILR 19 days (or more) later? i.e. after 13th February 2012?

I know something was mentioned in the new guidelines for Tier 2 but does this also apply to Tier 1 (General)?

Thanks for your help.

Posted: Sun Feb 13, 2011 8:03 am
by vinny