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Calculation of qualifying period from HSMP initial approval

Posted: Wed Feb 08, 2012 8:37 pm
by ITGraduate
Dear Seniors,Moderators and Experts,


I know there have been a lot of posts in this forum along these lines about Calculation of 5 yr period.

Question:

I got my Initial HSMP offer letter 1st of August 2007. I got my passport stamped on 10th September 2007. I then extended for further 3 yrs under Tier 1 General expiring 10th Sept 2012 .

Will I be eligible for ILR by 3rd July 2012? ( 28 days before 5 yr period finishes ) I dont come under HSMP JR?

Can I count my 5 year qualifying period from the date of my Initial HSMP approval letter?

I'm sorry If this question has already been posted on this forum. I checked to make sure there aren't any duplicates

Many Thanks,

staffordjafar

Re: Calculation of qualifying period from HSMP initial appro

Posted: Wed Feb 08, 2012 9:02 pm
by pkumar
your 5 year clock starts when you first LANDED in UK. What is that date?

Posted: Wed Feb 08, 2012 9:08 pm
by jd
If entered UK within 3 months of your visa start date then you can count from visa start date, if not then your time period will be counted from entry date.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Re: Calculation of qualifying period from HSMP initial appro

Posted: Wed Feb 08, 2012 10:11 pm
by ITGraduate
pkumar wrote:your 5 year clock starts when you first LANDED in UK. What is that date?


Hi Kumar,

Thanks for your reply. I first came to UK on student visa on sept 2004.

Went on to HSMP from student visa on sept 2007. Got HSMP approval letter on Aug 2007 while I was in UK. so my qualifying period will start from Sept 2007 or aug 2007 ?

Thanks,

Posted: Wed Feb 08, 2012 10:13 pm
by ITGraduate
jd wrote:If entered UK within 3 months of your visa start date then you can count from visa start date, if not then your time period will be counted from entry date.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Hi,

I'm sorry if I wasnt clear enough.

I applied from Uk and got my HSMP in sept 2007. However got my approval letter in aug 2007. ( I was under student visa until sept 2007 because I sent my passport for stamping after I received my approval letter in aug 2007 )

so do I consider my qualifying period from aug 2007 or sep 2007?

Thanks

Posted: Thu Feb 09, 2012 8:52 am
by hsmpengineer
you will be eligible for ILR 28days before you complete 5 years in the UK under the visa upon which your application is based.

Following the dates you provided you will be eligible for ILR 28 days before 10th of Sept 2012. (i think would mean the 13th of aug 2012)

The qualifying period for ILR for incountry HSMPians like yourself start on the date shown on your HSMP stamp in your passport. It is NOT based on the date of your HSMP approval letter.

Posted: Thu Feb 09, 2012 9:03 am
by hsmpengineer
I had asked exactly this same question a few weeks ago, but no one offered any views on it

http://www.immigrationboards.com/viewto ... highlight=

so i called and emailed the home office and thats where i got the information i just gave you. See the email below


From: Settlement Ops Policy Mailbox <SettlementOpsPolicy@homeoffice.gsi.gov.uk>
To: "'xxxx@yahoo.co.uk'" <xxxxx@yahoo.co.uk>
Cc: Settlement Ops Policy Mailbox <SettlementOpsPolicy@homeoffice.gsi.gov.uk>
Sent: Tuesday, 31 January 2012, 9:41
Subject: RE: Application for ILR



Dear Sir,



Thank you for your enquiry regarding the qualifying period for your ILR application. I can confirm that the date of acknowledgement of your HSMP – 6th March 2007 is the date of grant for LTR as an HSMP, you will therefore qualify to apply for ILR 28 days prior to the date of expiry of your leave.



I hope this helps



Kind regards



UK Border Agency – Ops Policy



From: xxxs oxxx [mailto:xxxxx@yahoo.co.uk]
Sent: 26 January 2012 12:21
To: Settlement Ops Policy Mailbox
Subject:



Dear Sirs,



Please can you advise me on my application for Indefinate Leave to Remain, details provided below.



I was an in-country applicant for HSMP. I received a letter of acknowledgement on the 6th of March 2007 and the date on my HSMP approval letter is 26th March 2007. However the HSMP stamp in my passport is dated 05/04/2007.



Would I have satisfied the qualifying period requirement for ILR if I make an application on the 27th of February 2012 as this will be exactly 28 days before the 5th anniversary of my HSMP approval?



Thank you for your help and advise as always.



Kind Regards,

xxxx xxxx

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Posted: Thu Feb 09, 2012 9:57 am
by ITGraduate
[quote="hsmpengineer"]you will be eligible for ILR 28days before you complete 5 years in the UK under the visa upon which your application is based.

Following the dates you provided you will be eligible for ILR 28 days before 10th of Sept 2012. (i think would mean the 13th of aug 2012)

The qualifying period for ILR for incountry HSMPians like yourself start on the date shown on your HSMP stamp in your passport. It is NOT based on the date of your HSMP approval letter.[/quote]

DearEngineer,

Many Thanks for your query,

Your response resolved my query. I'm sure you are right. One of my friends solicitor advised him something different and hence I had this query

Thanks for sharing your email to UKBA aswell

Regards,

staffordjafar