Question about how to calculate 5 years for settlement

[richylh]

In the guidance of settlement,

To qualify to settle in the United Kingdom under the HSMP you must:

have been living legally in the United Kingdom for the last five years; and

• currently have permission to stay in the United Kingdom as a highly skilled migrant; and
  have been in the United Kingdom as a highly skilled migrant, work permit holder or innovator throughout the five years; and
  have maintained and accommodated yourself and any dependants without the use of public funds throughout the five years; and
  have been employed, self-employed or a combination of the two throughout the five years; and
  have sufficient knowledge language and life in the United Kingdom

.

My question are:
If I enter UK under HSMP and extend to Tier1 under 2+3, can I apply for the settlement 28 days before the termination of the 3 years extension?

As you know, I do not want to extend again before my visa is expired. However, this should mean I do not stay a full 5 years (at least a few days less). Does somebody have such situation and successful experience of application to the settlement?

Thanks in advance

[vinny]

Normally, you may apply for SET(O) no sooner than 28 days before the 5th anniversary of your initial arrival on your HSMP entry clearance and before the expiry of your leave.

However, you may apply sooner if you are affected by the HSMP Forum Ltd judicial review judgement of 6 April 2009 (settlement in the United Kingdom).

[msk1978]

Vinny, Apologise for my ignorance. Can you please explain how you are inferring that one can apply sooner than 28 days under HSMP JR (ILR). I am covered under HSMP (JR - April to Nov 2006) and will be applying (by combining earlier leave under WP) and if I could apply sooner than 28 days that would be great. I read the two documents you linked but could not relate to this. Latest guidance for ILR still states for all categories (inc HSMP JR) to not apply before 28 days. Appreciate if you could please share your inference.

However, you may apply sooner if you are affected by the HSMP Forum Ltd judicial review judgement of 6 April 2009 (settlement in the United Kingdom).

[richylh]

Thanks Vinny. I am now confident that only one extension should apply to my case, which means it is 28 days before the full 5 years that I can apply for the settlement.

To msk1978:
My guess is that if effected, only 4 years required to settle. Thus you could apply anytime after 4 years of full time.