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Tier1 to ILR: came late on initial visa for 5 years

Posted: Mon Mar 12, 2012 5:00 pm
by sanyamkaushik
Hi Guys
Need your expert opinion/experience.
Initial visa: HSMP
Visa started: 1st May 2007.
I entered UK: 27th June 2007

Current Visa: Tier 1 (extension of HSMP)
Expiry : 30th April 2012.

Shall I apply for Tier1 extension or ILR directly.

For 5 years counting, I came about 57 days later (from when my initial visa started)

Please help...

Posted: Mon Mar 12, 2012 9:45 pm
by village
you are late only 57 days......as per current rules if you are in UK Before 3 months ie, late entry you can Apply your visa...........just before 28 days of your visa expiring for ILR

Posted: Tue Mar 13, 2012 12:22 am
by jain208
Hi,

Can you please redirect me to the link where it is mentioned. Mine is a somewhat similar case but I came in the UK 3 months and 1 day after my Visa date.
But the thing is that my current Tier 1 visa will expire on 13th January, 2013 and my 5 years in UK will complete on 5th April 2013. Here the difference is less than 3 months.

So, in this case will I have to apply for my extension first and then apply for ILR, or can I straight away apply for ILR?

Thanks,
Abhi.

Posted: Tue Mar 13, 2012 12:37 am
by mah
jain208 wrote:Hi,

Can you please redirect me to the link where it is mentioned. Mine is a somewhat similar case but I came in the UK 3 months and 1 day after my Visa date.
But the thing is that my current Tier 1 visa will expire on 13th January, 2013 and my 5 years in UK will complete on 5th April 2013. Here the difference is less than 3 months.

So, in this case will I have to apply for my extension first and then apply for ILR, or can I straight away apply for ILR?

Thanks,
Abhi.
Hi Abhi, I am in the same boat . The only thing is that still I need 3 months and 1 day to complete my 5 years.

When was your first day of arrival?

Nobody has a definite answer so far. It seems it is to the CW discretion. S/he will see all the case and then decide about it. Other people advise that it is a risk to apply for ILR and better to apply for the second extension first. I still do not know whether to apply for ILR or 2nd extension. Please be in touch to see what we should do. If either of us find any answer let the other know.

By the way, how did you manage to have longer visa after your extension?
Regards,

mah

Posted: Tue Mar 13, 2012 6:53 am
by vinny
See also ILR Eligibility.