3 DAYS SHORT IN ILR - old topic, confused with the solution

[Jo1]

I know all the experts on immigration boards must have heard of similar
cases in the past but one of the visa experts gave me an advice which
sounds unbelievable and needs your expert advice.

I got my initial HSMP visa approval letter on 10-10-2007 and visa was valid from 1-1-2008 to 1-1-2010. I got my tier as a extension for 3 years from 1-1-2010 to 1-1-2013. Case looks simple till now but the problem is came to UK after 32 days of visa validity.

Now for ILR i am short by 31 days in which 28 are covered under the rule to apply early but 3 days short is a problem.

One of the immigration expert suggests me to apply for ILR directly, if all the documents are fine home office may give me ILR else they will consider my application as visa extension and grant me extension.

This is difficult to believe as Visa fees, forms and may be team to evaluate
applications will be different from ILR. If this is not true then my application will get rejected and i may have to go back to India.... I have
a job, house,family here..........please advice. REALLY
CONFUSED......Need Help........

[hsmp2007Tier1]

I know all the experts on immigration boards must have heard of similar
cases in the past but one of the visa experts gave me an advice which
sounds unbelievable and needs your expert advice.

I got my initial HSMP visa approval letter on 10-10-2007 and visa was valid from 1-1-2008 to 1-1-2010. I got my tier as a extension for 3 years from 1-1-2010 to 1-1-2013. Case looks simple till now but the problem is came to UK after 32 days of visa validity.

Now for ILR i am short by 31 days in which 28 are covered under the rule to apply early but 3 days short is a problem.

One of the immigration expert suggests me to apply for ILR directly, if all the documents are fine home office may give me ILR else they will consider my application as visa extension and grant me extension.

This is difficult to believe as Visa fees, forms and may be team to evaluate
applications will be different from ILR. If this is not true then my application will get rejected and i may have to go back to India.... I have
a job, house,family here..........please advice. REALLY
CONFUSED......Need Help........

i dont see any problem, the new guidance is that if you have arrived within 3 months of entry clearance date - then - you *can* apply 28 days before your visa expires. You will find find the official homeoffice link to the guidance if you search on forum posts. Good luck !

[cs95tdg]

I know all the experts on immigration boards must have heard of similar
cases in the past but one of the visa experts gave me an advice which
sounds unbelievable and needs your expert advice.

I got my initial HSMP visa approval letter on 10-10-2007 and visa was valid from 1-1-2008 to 1-1-2010. I got my tier as a extension for 3 years from 1-1-2010 to 1-1-2013. Case looks simple till now but the problem is came to UK after 32 days of visa validity.

Now for ILR i am short by 31 days in which 28 are covered under the rule to apply early but 3 days short is a problem.

One of the immigration expert suggests me to apply for ILR directly, if all the documents are fine home office may give me ILR else they will consider my application as visa extension and grant me extension.
This is not true. The UKBA will only consider your case based on the visa category you have applied for!

This is difficult to believe as Visa fees, forms and may be team to evaluate
applications will be different from ILR. If this is not true then my application will get rejected and i may have to go back to India.... I have
a job, house,family here..........please advice. REALLY
CONFUSED......Need Help........

Take a look at the explanation on Page 45 - 2.2 Applications that fall short of the five year continuous period. This concession applies to applicants who are applying for ILR as Tier 1 Migrants (with the exception of Tier 1-Investor and Tier 1-Entrepreneur Migrants). From what you have mentioned I take it that you are now a Tier 1 Migrant?

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[Jo1]

Hi, Thanks for the quick revert. I am on Tier 1 Genral now. So it means i am fine to apply for ILR?

[push]

Hi, Thanks for the quick revert. I am on Tier 1 Genral now. So it means i am fine to apply for ILR?

Yes

[Jo1]

Thanks Everyone...its a big relieve. God bless You all and immigration boards