ILR + HSMP with late UK entry

[mnoman001]

I'm on HSMP Visa

Initial visa Issued: 28-April-2006 (one year) Expired on: 27-April-2007

2nd visa Issued: 28-April-2007 (4 years – based on new HSMP Rules) will Expired on: 27-April-2011

I’ll be on 5 years HSMP status at the expiry time of my second visa. But, I entered in UK on 15-July-2006 after 2 months and 18 days of the issue date of my initial HSMP visa. I heard that indefinite (ILR) clock starts from the date you’ve entered in the UK. I want to know when I’m eligible to apply for indefinite stay (ILR). Weather it’s a 28 days before my 2nd HSMP visa expires on 27-April-2011 or would it be 28 days before 15-July-2011 regarding my entry date which was 15-July-2006 .

If I’ve to apply for indefinite stay (ILR) based on my entry date in the UK ( 15-July-2011 ) then on which status I will be living here after my visa will get expired on 27-April-2011 or I’ve to re-apply for HSMP again (with re-evaluation-have to achieve 75 point again or without re-evaluation) or apply to some other category to cover that period.

Please assist me. Waiting
Thanks.
Irfan

[Jayceesh]

At today's reckonings and Home Office policy, you can only apply for ILR by 17-June-2011 which should really be 28 days before you are PHYSICALLY in the UK for 5 years

Since your visa will expire by 27-April-2011, you will have to re-apply for another FLR(HSMP) with all the re-evaluation of 75 points (hoping things havent changed by then). You can not apply in any other category unless you want to lose the previous 4+ years you have been in the UK as you can not have HSMP (as initial) and another category (say WP).

In short you cant do HSMP (4years) + WP (1year)
But you can do WP (4 years) + HSMP (1year).

I know its strange, but at today's HO laws and policies, thats how I have been made to understand.

PS... I am in the same scenario as you (I entered UK 2 months after getting HSMP visa... and also on 1+4 but I will be short by 1 month at the end of my leave... Fingers crossed something will move in our favour, else we will have to do another FLR(HSMP) bearing in mind that points scored under age may not be there for us again!!!)

[mnoman001]

Thanks for your your assistance, we and in fact all the people who came late more than 28 days after the issue date of their visa will have to go through the same process again. some persons even will not qualifly for ILR with a difference of even 2 r 3 days in fact more unlucky.

Hope we will get our extension again after four years as well like we got before but have to pay extra fee of extension to Home office.

[mnoman001]

Thanks for your your assistance, we and in fact all the people who came late more than 28 days after the issue date of their visa will have to go through the same process again. some persons even will not qualifly for ILR with a difference of even 2 r 3 days in fact more unlucky.

Hope we will get our extension again after four years as well like we got before but have to pay extra fee of extension to Home office.