ILR and HSMP Extention Routes : Seeking Sdvice:

[hini_pini]

Dear All Members,

I am entitle to apply for ILR in Feb 2013. My HSMP Extension is also due in May 2013. I am in UK along with my husband. I am planning to apply for ILR first but there is less chances that my ILR will get through as I have numerous breaks between extensions and I am not full filling continue stay of 10 years in UK.

If I apply for ILR and my passport return to me in June . Would I be able to lodge another application for HSMP extension when my due date for HSMP extension has passed away as my passport will be in home office for ILR consideration. I am trying to avail any option out of two available to me.

I hope my staement clearify the question I am intended to raise.

warm regards
hina

[geriatrix]

If I apply for ILR and my passport return to me in June . Would I be able to lodge another application for HSMP extension when my due date for HSMP extension has passed away as my passport will be in home office for ILR consideration.

Perhaps, but it will reset your ILR clock.

Best that you apply for extension first .... and for settlement when you are sure you are eligible for it.

[hini_pini]

I am slightly away to understand what you mean by reset my ilr clock. Kindly describe a bit.

And Thankyou for response

[joh892]

Your ILR qualifying period restart again! i.e. you begin from day one from the time you receive further leave to remain.

[hini_pini]

Dear All

Sushmehta @ As you said it will restart my ILR clock. In this case I understand it restart my clock for a route which connects to ILR via HSMP.


2nd Question . If my exact 10 years complete on 28 Feb 2013. With in how many number of days/Months I have to apply for ILR after reaching exactly 10 years ?


Warm Regrads
Hina

[geriatrix]

If you meet the requirements for settlement under (10 years lawful) long residence, then you may submit an application no earlier than 28 days before the 10th anniversary of date of entry in the UK and no later than the date of expiry of your current leave.

[hini_pini]

Dear Sushdmehta,

As I have doubt that I may of or may not get ILR due on 28 Feb 2013. What I am planing is, I should secure my HSMP extension first which will be due on 02 May 2013. Once my HSMP extension will be extended. Than I will apply for ILR.

In this case, I will be filing ILR 5 to 6 months after the date of 10th Anniversary.


Looking forward to see your response.

Warm Regards
Hina

[geriatrix]

What is the question that needs a response?

Perhaps explaining the numerous breaks will help us understand your case, and suggest course of action more appropriately.

[hini_pini]

Posted: Thu May 24, 2012 9:10 pm Post subject:
My question may not really clearly specify at my last post.

In my last post I am trying to share my planing as how am I going to manage my both extensions in most secure way with out missing out ILR


And trying to ask if I am eligible to lodge and ILR application 5 to 6 months after the date of 10th Anniversary. A real example. 28 Feb 2013 is a date when 10 years complete and I will be applying for ILR on 30 of May 2013 as my current leave expires on 30th May ? Can I do that ?
Or would I my application will consider valid if I apply for ILR after 5 or6 months after 10th Anniversary ?


I have delayed my case on 3 occasions due to my own laziness by 12 14 to 25 days respectively. On a bias information of applying for leave to remain with in 2 months of visa expiry.


Warm Regards
Hina

[geriatrix]

Unless one understands the nature of your breaks, no one can answer the question you are asking - if you can apply 5-6 months after HSMP extension.

As long as you have valid leave on the date of application and if you meet the requirements of settlement for the immigration category that you are applying under on such day, you may apply as and when you wish to.

[hini_pini]

Sushdmehta

Nature of breaks were pretty stratight forward.

I was applied as student extension. I have all the documents prepared in hand to post for extension. The only reason why I did not apply before expiry of current leave because I relied on a word of mouth , a very bias information that one can apply for extension with in 2 months once current leave goes out of date. And I delayed just based on this info and also due to my laziness.

I understand my case is weak. So I have decided I will apply for HSMP extension first which is due on 2nd May 2013. Once I will secure my extension, than I will take chance for ILR. In this case I will be applying after 5 to 6 months when my 10th anniversary of stay in UK will be passed away. And simply trying to ask if I will be entitle to apply for ILR according to current policy after 5 to 6 months of 1oth anniversary under the rule of Long residency.


I hope it will more clear

Looking forward to see your response


Regards
Hina

[geriatrix]

It seems that you haven't understood that when the ILR clock is reset then you start counting from 0 all over again!!

So, if applying for settlement as a PBS migrant you start counting from 0 at the time of such break .... and count till 5 years are over. Likewise, for settlement under 10 year long residence, you count from 0 until the 10 years are complete. Multiple breaks (that reset ILR count) mean that at every such break you start from 0 all over again.

With that logic in mind, determine when you may become eligible for settlement ... either under PBS route or under long residence.

Without detailed information about each of the numerous breaks that you say you have had, no one can tell you, in more specific terms, either whether such breaks have reset your ILR clock or when you may become eligible for settlement.

[hini_pini]

I fully understand the rule of 10 years called long residency.

The reason I will apply after securing my HSMP extension as I have a hope that case worker may over look my case or may be koi Chumutkaar hu jae.

Please tell me . If I can apply for ILR on a route of 10 years after spending 10.7 years in Uk. Would be eligible to do this .

[cs95tdg]

I fully understand the rule of 10 years called long residency.

The reason I will apply after securing my HSMP extension as I have a hope that case worker may over look my case or may be koi Chumutkaar hu jae.

Please tell me . If I can apply for ILR on a route of 10 years after spending 10.7 years in Uk. Would be eligible to do this .

Given the statement you have made in bold blue above it appears that you are saying even after your HSMP extension you are doubtful as to whether you will be eligible for ILR. Now coming to the question you have repeatedly asked here, as you haven't provided details of the length of breaks & when these breaks in residency occurred it is impossible for anyone to give you an answer to what you are asking. This is what sushdmehta has attempted to explain in the response below. Simply stating that you have been a resident in the UK for 10.7 years, will not do for anyone to be able to give you a specific answer to your question. I would suggest that you provided details of the period you plan to claim residency for & then list (dates) the residency breaks (& the length of each break with a brief explanation of each break if it goes beyond the maximum days allowed) within that period if you want anyone to provide a specific response. I hope this clarifies what is needed for anyone to help you.

Without detailed information about each of the numerous breaks that you say you have had, no one can tell you, in more specific terms, either whether such breaks have reset your ILR clock or when you may become eligible for settlement.