ILR Eligibility criteria of 5 years

[Shahid Aslam]

Hi, I have Tier 1 (General) status. My first visa was HSMP stamped on 13-12-2007 and I entered UK on 20-4-2008. My visa was extended to 18-01-2013 under Tier 1 (General). I have a shortfall of 91 days if I calculate my continuous 5 years period for ILR (i.e. from 20-4-2008 till 18-01-2013). Can I apply for ILR visa? I have been advised by solocitors that I can apply for ILR through post but still not sure? Please advise.

Many thanks,
Shahid Aslam

[alok_singh]

Hi, I have Tier 1 (General) status. My first visa was HSMP stamped on 13-12-2007 and I entered UK on 20-4-2008. My visa was extended to 18-01-2013 under Tier 1 (General). I have a shortfall of 91 days if I calculate my continuous 5 years period for ILR (i.e. from 20-4-2008 till 18-01-2013). Can I apply for ILR visa? I have been advised by solocitors that I can apply for ILR through post but still not sure? Please advise.

Many thanks,
Shahid Aslam

Calculation of counting 5 yr continuous residence day the initial absence upto 90 days can be ignored for the entry . but your first entry was after more than 90 days

For some people if they apply by posy home office sit on application for 6 month and anyways by that you will have 5.5 yrs of residence but this not a published guidelines but many postal cases where their was shortfall application decision are delayed.

if we go by rules application can be refused. This is risk which you want to take.

I would recommend to go for ILR in person on 10th Jan 2013 . If ILR is refused you will have 8 days to postal Tier1 extension.
(PS do maintain balance for the both application)

[Shahid Aslam]

Thank you Alok for your reply. If I take by post route and assuming the avg processing time of 4-6 months, will my application be approved? Or in any case it will be refused? My solicitor said date of processing is considered as date of application (under the case law).

So technically I am short by 91 days and taking into account processing time I might get an ILR (as steps involved as per solicitor are 2 weeks time for acknowledgement, 4-6 weeks for biometrics, and then application processing which will in total cover 91 days shortfall). If this is the case then I should be ok thru post route ( otherwise extension is quite expensive and time consuming). What do you think?

Many thanks

[alok_singh]

Thank you Alok for your reply. If I take by post route and assuming the avg processing time of 4-6 months, will my application be approved? Or in any case it will be refused? My solicitor said date of processing is considered as date of application (under the case law).

So technically I am short by 91 days and taking into account processing time I might get an ILR (as steps involved as per solicitor are 2 weeks time for acknowledgement, 4-6 weeks for biometrics, and then application processing which will in total cover 91 days shortfall). If this is the case then I should be ok thru post route ( otherwise extension is quite expensive and time consuming). What do you think?

Many thanks

No need to go via post the condition has changed now if you are less than 180 days in a year then you should be fine.

[Shahid Aslam]

But in my case it is not absence during 5 years of stay in uk in fact it is a shortfall of 91 days from the total continuous 5 years period. I do not know if there will be any relaxation for me as I was hardly away from uk for 50 days during my entire tenure.

[alok_singh]

But in my case it is not absence during 5 years of stay in uk in fact it is a shortfall of 91 days from the total continuous 5 years period. I do not know if there will be any relaxation for me as I was hardly away from uk for 50 days during my entire tenure.

you 5 yrs period start from first entry till the last valid leave.

you initial 91 days should be counted in the 1sy year which is less than 180 days so you should be fine