Applying for FLR: 90 day issue

[mjwall1]

Hi all

Just some background information as too my status in the UK:

Code: Select all

[period]  [visa type]  [days outside uk]

MAR 2003 - FEB 2005  AUS WHV 2YR      [n/a]
MAR 2005 - FEB 2006  HSMP 1YR         [12]
MAR 2006 - FEB 2007  HSMP 1/3YR EXT   [55]
MAR 2007 - FEB 2008  HSMP 2/3YR EXT   [67]
MAR 2008 - FEB 2009  HSMP 3/3YR EXT   [122]
MAR 2009 - FEB 2010  TIER 1 1/3YR EXT [113]

As you can follow, I fell under the JR Review and have obtained my 2nd HSMP/TIER 1 Extension. I have for filled the 4 year qualifying period in the UK. As I fell under JR, I do not need to do 5 years nor the Life in UK test.


1ST QUESTION
============
As I am qualified for ILR, my only concern is the number of days outside the UK. My date range for the application shall be MAR 2005 - FEB 2009. I've been outside a total 256 days in these 4 years. Is it worth my while applying for a face-to-face interview? If you average the time outside the UK, its approx 64 days over the 4 years.


2ND QUESTION
============
If I apply for ILR, and it is successful, I'm assuming the start date of the ILR will be 'back-dated' to MARCH 2009?


3RD QUESTION
============
I notice on the UK Border Agency website (http://www.ukba.homeoffice.gov.uk/sitec ... ew-09-form) that I can get a refund for the '2nd HSMP/TIER 1' extension that we both applied for. Can I apply for this now, or after I obtain ILR?


Thanks for any replies and for reading,

You guys are fantastic.

[mjwall1]

Anyone have any ideas or is there a UK Border Agency contact you know of?

[Idea]

Hi

my understanding of your situation

- the 122 days (>90) is the only one which could give you some problem. if you have some proof that you were economically active it might help.


- the 113days is outside the 4 yrs and does not matter

- you are elogible for refund for the fees of your last extn

- you could get your ILR back dated ...

Since your appln. would involve the case worker getting some approval from next level up...applying by post might be a better option