Immigrationboards.com

Hi

I have a small query on my future ILR application.

My initial application to HSMP was before 7th Nov 06 and I know I fall under HSMP JR and will finish the 5 years qualifying stay in Dec 2011.

When I applied for the extension after 2 years from 2006, I applied through a solicitor who submitted the application before my leave was due to expire (22nd Dec 2008). However the Visa stamp I got for Tier 1 General under JR transitional arrangement was stamped 2nd Jan 2009. The application was made from within UK and I was still employed throughout and can only assume that the reason it was stamped a bit late was due to the application processing time.

I am pretty sure that this wouldn't affect my ILR 5 year clock as the application was made from within UK and prior to the leave was due to expire and the fact I was still employed for those missing days on stamp.
I would just like some seniors to confirm this for my reassurance. Also I take it I should be able to apply for ILR 28 day prior to 22nd Dec 2011?

So in Brief:

Initial HSMP application pre 7th Nov 06
initial HSMP stamp till 22nd Dec 08
extension from 2nd Jan 09 till 2nd Jan 2012 (applied from within UK while still employed, applied prior to 22nd Dec 08 ) T1 General under JR

Questions

Dates between 22nd Dec 08 and 2nd Jan 09 missing but take it due to app processing time and not affect the ILR clock?

Also am I able to apply 28 prior to 22nd Dec 2011?

Thanks

As long as you / your solicitor applied for leave to remain (extension) before expiry of your leave at the time, there is nothing to worry.

In such case, issue date of the new leave is irrelevant and so is the "perceived" gap.

sushdmehta wrote:As long as you / your solicitor applied for leave to remain (extension) before expiry of your leave at the time, there is nothing to worry.

In such case, issue date of the new leave is irrelevant and so is the "perceived" gap.

Thanks sushdmehta for quick reply,

I assume ukba will have some record of that as I have not got the copy of the extension application or the acknowledgement letter?

sunny1407 wrote:I assume ukba will have some record of that as I have not got the copy of the extension application or the acknowledgement letter?

To be on the safer side and for peace of mind you may request SAR file from UKBA. I had a similar gap and I requested a SAR file from UKBA and it shows clearly (with copy of special delivery barcode / tracking number) that my application was delivered to them prior to expiry of leave.