Tier 1 General ILR

[arifahmmed]

Hi,
I was initially granted HSMP on 10 Dec 20007 and I enter UK on 16th Jan 2008 (36 days late entry). I had extension/ switching to Tier1 and this is valid up to 10th Dec 2012.
I am new a member in this forum and saw different opinions from different members for late entry. However based on following two links I am really confused.

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

Please look page 4 “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…….. “

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

Please look Annex B , section 2.2 (page 46) “In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 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 5 years, provided this period was not longer than 3 months.”

On Both links they mentioned clearly that initial late entry is considered for only those applicants who have granted 5 years continuous leave. I do believe my leave is not continuous because I was not granted five years leave at beginning. I had granted first two years HSMP and then later three years Tier 1.
Anyone please could suggest based on my status am I allowed to submit my ILR application instead of second extension as I was late entered 36 days (I explained at beginning).
Thanks

[push]

Hi,
I was initially granted HSMP on 10 Dec 20007 and I enter UK on 16th Jan 2008 (36 days late entry). I had extension/ switching to Tier1 and this is valid up to 10th Dec 2012.
I am new a member in this forum and saw different opinions from different members for late entry. However based on following two links I am really confused.

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

Please look page 4 “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…….. “

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

Please look Annex B , section 2.2 (page 46) “In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 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 5 years, provided this period was not longer than 3 months.”

On Both links they mentioned clearly that initial late entry is considered for only those applicants who have granted 5 years continuous leave. I do believe my leave is not continuous because I was not granted five years leave at beginning. I had granted first two years HSMP and then later three years Tier 1.
Anyone please could suggest based on my status am I allowed to submit my ILR application instead of second extension as I was late entered 36 days (I explained at beginning).
Thanks

Please do not make multiple posts on the same issue.