ILR -11 months absence in first year-came late (HSMP+Tier1)

[xrm01]

Hi Experts,

I am completing 3 years of Tier 1 General next month. Before that I was on HSMP 2 year visa

My question:

Can I apply to ILR directly? (Basis of 2+3 with 11 months absence)

Actually I came late 11 months at beginning.

After that I am continuous working in UK without any Absence.

So Do I qualify for ILR?

• 1st year 330 days Absence
  2nd year 0 Absence
  3rd year 0 Absence
  4th year 0 Absence
  5th year 0 Absence

I really appreciate if you can advise me on this?

Thank you

-B Desai

[wpilr_nov12]

Do you have any dates stamped on your passport - like Entry clearance, UK entry, etc...?

[xrm01]

Yes there is stamp which is very difficult to read

What do you suggest?

Thank you

-B Desai

[uksettlement]

Xrm,

You need to calculate your eligibility from the date u landed in the country. Because u entered more than 90 days later you cannot use the entry clearance date. Also 180 days is for absence and not for delayed entry.

[xrm01]

Xrm,

You need to calculate your eligibility from the date u landed in the country. Because u entered more than 90 days later you cannot use the entry clearance date. Also 180 days is for absence and not for delayed entry.

Thanks for your reply.

Actually I had madical reason (some serious surgery) and i had evidence of that... so they did let me in after 11 months of visa stamp..

[uksettlement]

Xrm,

You need to calculate your eligibility from the date u landed in the country. Because u entered more than 90 days later you cannot use the entry clearance date. Also 180 days is for absence and not for delayed entry.

Thanks for your reply.

Actually I had madical reason (some serious surgery) and i had evidence of that... so they did let me in after 11 months of visa stamp..

Don't think I have heard of any discretion for late entry. Also, you qualify for ILR after a long time my advice would be to keep yourself updated with the latest ukba changes. As per the current rules you will need one more extension in my opinion.

[ryan2020]

agree with uksettlement.

you can try your luck in Solihull where may be any nice case worker apply discretion in your favour. you will not loose your money.

good luck

[xrm01]

agree with uksettlement.

you can try your luck in Solihull where may be any nice case worker apply discretion in your favour. you will not loose your money.

good luck

Thank you Ryan.

Just one more question please.

If they dont consider my case and Reject ILR, i need to apply Extention and in that case do i have to give another fees

what do you mean by I will not loos my money.

Please explain

thank you

[wpilr_nov12]

agree with uksettlement.

you can try your luck in Solihull where may be any nice case worker apply discretion in your favour. you will not loose your money.

good luck

Bad advice. This would simply deprive another eligible candidate from a PEO slot.

[xpscapable]

I would do another extension and only then apply for ILR. You don't have 330 days "delay of entering" you simply don't meet the 5 years requirement.