ILR OR Extension Question?

mianrmm · Post by **mianrmm** » Sun Jun 10, 2012 11:39 am

Hi All,

I have a question regarding i need to go for ILR or an other Extension.
My HSMP VISA got stamped on 20 Feb 2008 but i landed in UK on 12 April 2008, i got my first Extension on 18th Feb 2010 for 3 years, now my visa is valid till 20th feb 2013.

Should i Apply for ILR or Extension ?

PS. I have just went out of UK for my Official Conference Trip to US for 7 days.
Many Thanks
Mian

Post by **Lucapooka** » Sun Jun 10, 2012 11:46 am

You don't need to extend and can apply no earlier than 28 days before Feb 20. You may include the time between the issue of your visa and your arrival into your qualifying residence period.

Post by **geriatrix** » Sun Jun 10, 2012 12:08 pm

See also FAQs for ILR - WP/Tier 1/Tier 2/HSMP holders

mianrmm · Post by **mianrmm** » Sun Jun 10, 2012 9:31 pm

Lucapooka wrote:You don't need to extend and can apply no earlier than 28 days before Feb 20. You may include the time between the issue of your visa and your arrival into your qualifying residence period.

Thanks for the response,

So it means i can apply for my ILR around 1 Feb 2013.

I can add my VISA stamp (20 Feb) and Arrival Date(12 April) something like 52 days into the category of 180 Days out of UK ? am i right in understanding this ?

Regards

mianrmm · Post by **mianrmm** » Wed Jun 13, 2012 9:50 pm

AnyOne please ?

Post by **Lucapooka** » Wed Jun 13, 2012 10:06 pm

Lucapooka wrote:You don't need to extend and can apply no earlier than 28 days before Feb 20. You may include the time between the issue of your visa and your arrival into your qualifying residence period.

sushdmehta wrote:See also FAQs for ILR - WP/Tier 1/Tier 2/HSMP holders

cs95tdg · Post by **cs95tdg** » Wed Jun 13, 2012 10:38 pm

mianrmm wrote:I can add my VISA stamp (20 Feb) and Arrival Date(12 April) something like 52 days into the category of 180 Days out of UK ? am i right in understanding this ?

I'm not quite sure I understand what you are asking here. Your original question as to when you are eligible to apply has already been answered. 28 days before your 5th anniversary from your EC date. Based on the information you have provided this will be = 20/02/2013 - 28 days.

You will need to meet all other requirements for ILR as well. See below:
http://www.immigrationboards.com/viewtopic.php?t=79378

mianrmm · Post by **mianrmm** » Thu Jun 14, 2012 12:14 pm

Thanks, but im still confused and understand that one can apply for ILR 28 days before my visa expiry date,

My Confussion is that should i need to get my visa 2nd extension or can i go for ILR,

I got HSMP VISA stamped on 20 Feb 2008 but i landed in UK on 12 April 2008 (absence of 52 days), i got my first Extension on 18th Feb 2010 for 3 years, now my visa is valid till 20th feb 2013.i have then left for US for 8 days, ILR eligibility says MAX days out of uk in 5 years is 180 days and case worker can accept such cases.

My Total absence from UK in 5 years is 60 days. (including delayed travel and 1 official comapny vist to US )

Should i apply for ILR or 2nd extionsion.

i hope im making it clear .

Thanks

mianrmm · Post by **mianrmm** » Thu Jun 14, 2012 12:19 pm

In some cases, applicants may have been granted five years continuous leave, but due to delayed travel will not have spent five years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years, provided this period was not longer than three months.

is this something i fall into ?

Post by **geriatrix** » Thu Jun 14, 2012 1:02 pm

mianrmm wrote:I got HSMP VISA stamped on 20 Feb 2008 but i landed in UK on 12 April 2008 (absence of 52 days),

If the dates are accurate, the calculation is wrong.
If you did enter 52 days late, then the dates are inaccurate.

Check and/or calculate again. Then see if the concession applies to you or not.

mianrmm · Post by **mianrmm** » Thu Jun 14, 2012 1:09 pm

sushdmehta wrote:
mianrmm wrote:I got HSMP VISA stamped on 20 Feb 2008 but i landed in UK on 12 April 2008 (absence of 52 days),
If the dates are accurate, the calculation is wrong.
If you did enter 52 days late, then the dates are inaccurate.

Check and/or calculate again. Then see if the concession applies to you or not.

looks fine to me,

20 Feb 2008 to 29 feb 2008 = 9 days
1 March 2008 to 31 March 2008 = 31 days
1 Apr 2008 to 12 April 2008 = 12 days

9+31+12 = 52 days

Also some 8 days in 2012 Jan-Feb i was in US.

so grand total is 60 days.

Post by **geriatrix** » Thu Jun 14, 2012 1:15 pm

My bad! Need to learn counting again!

Apologies!

So, you can take advantage of the concession ... just as everyone responding to your queries has already suggested.

mianrmm · Post by **mianrmm** » Thu Jun 14, 2012 2:18 pm

sushdmehta wrote:My bad! Need to learn counting again!
Apologies!

So, you can take advantage of the concession ... just as everyone responding to your queries has already suggested.

no worries, thanks, i now need to work out what evidence i need to proof this, and other ILR requirements,

Just one more question, when i got my 1st Extension on 18th Feb 2010 for 3 years and they stamped it on my passport there was nothing like bio card or Police report, i first came on HSMP and got extension in tier 1 general, does this effect my ILR application in any way?

Thanks everyone.

cheers

Post by **geriatrix** » Thu Jun 14, 2012 2:51 pm

Not everyone has been issued a BRP. Doesn't stop them from applying and being granted settled status.

Immigrationboards.com: Immigration, work visa and work permit discussion board

ILR OR Extension Question?

ILR OR Extension Question?