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SET - Qualifying when change from WP to HSMP then to Tier1

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aaanjoo
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Joined: Tue Feb 08, 2005 4:57 pm
Location: London

SET - Qualifying when change from WP to HSMP then to Tier1

Post by aaanjoo » Wed Oct 15, 2008 3:48 pm

I have a query about when to apply for my indefinite leave to remain (Settlement). I am living and working in the UK since 14 March 2004 continuously without any gaps except for my holiday visits which will be in total less then 100 days in 5 years. Initially I was on work permit, then changed to HSMP and now I have Tier 1 general Highly skilled Migrant Visa. Following are my timelines:

1) Work Permit -Entry clearance valid from date 24 Feb 2004
2) Date entered in the UK 14 Mar 2004 on work permit
3) Date changed to HSMP visa 07 Jul 2006
4) Date Changed to Tier 1 General HSM 25 Jun 2008 valid till 07 Jul 2011.

According to guidance notes with SET (O) form, I understand that qualifying period runs from the date on which leave to enter is granted.

In my case my entry clearance was valid from 24 Feb 2004. Does it mean I can apply for settlement before 24 Feb 2009 but not more than 28 days before completing the qualifying period?
OR
My granted leave to enter date is not start of my entry clearance visa date i.e. 24 Feb 2004 but it is actually the date I entered in the UK i.e. 14 Mar 2004?

Please clarify, I would be very grateful.

Regards
Last edited by aaanjoo on Wed Oct 15, 2008 4:25 pm, edited 1 time in total.

Siggi
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Posts: 650
Joined: Wed Feb 28, 2007 8:26 pm
Location: London

Post by Siggi » Wed Oct 15, 2008 4:17 pm

You are required to be legally in the UK for 5years, before you can apply for ILR.

So if you enter on the 14th March 2004 you can apply for in March 2009 not 2008.

Siggi
Senior Member
Posts: 650
Joined: Wed Feb 28, 2007 8:26 pm
Location: London

Post by Siggi » Wed Oct 15, 2008 4:21 pm

Sorry just to be clear it is the first date of enter ie 14 March 2004, is where the clock starts ticking.

aaanjoo
Junior Member
Posts: 67
Joined: Tue Feb 08, 2005 4:57 pm
Location: London

Post by aaanjoo » Wed Oct 15, 2008 4:29 pm

Siggi wrote:Sorry just to be clear it is the first date of enter ie 14 March 2004, is where the clock starts ticking.
Thanks Siggi.
I was just confused on the statement mentioned in SET (O) on qualifying period "That period runs from the date on which you were granted leave to enter".

Siggi
Senior Member
Posts: 650
Joined: Wed Feb 28, 2007 8:26 pm
Location: London

Post by Siggi » Wed Oct 15, 2008 4:38 pm

Yes a little misleading, but it is as I say, the first stamp that you receive on enter, this is also know as your entery clearance stamp and this is the date from which it all starts.

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