Extention or ILR application?

[downerbeeswax]

i got HSMP Tier 1 and i been outside of the country for 4 months continousle in 2008,and the crieteria is not to be outside of the UK for more than 3 months continously.the only reason i was absent for so long was because my father had heart attac nd he needed help. i m thinking to provide the documents to prove this when i ll be applying for ILR in feb 2012.i m really worried. do you think i can apply for extention even if i got my first HSMP after april 2006,when they changed the requirement of 4 years into 5.
please any help would be appreciated.
thanks

[geriatrix]

You may apply for further extension of leave if you do not wish to apply for settlement or if you do not qualify for settlement before you current leave expires. Applying for settlement is a choice and not a compulsion (at least for now).


regards

[downerbeeswax]

thanks sushdmehta
i know it s not compulsory. i think if i apply for an ILR i will be refused on basis that i stayed 4 months continously out of the country and if i apply for further extention i might not get it cuz i got my first HSMP visa after 2006.the applicants who got it before april 2006 can apply for extention cuz the criteria before that was 4 years. but the applicant who got the HSMP after april 2006?? does anyone know

[geriatrix]

You may apply for further extension of leave if you do not wish to apply for settlement or if you do not qualify for settlement before you current leave expires. Applying for settlement is a choice and not a compulsion (at least for now).


regards

if i apply for further extention i might not get it cuz i got my first HSMP visa after 2006.the applicants who got it before april 2006 can apply for extention cuz the criteria before that was 4 years. but the applicant who got the HSMP after april 2006??

Where does it say that you cannot apply for another extension while others (e.g. - who applied for HSMP before April 2006) can? By this logic, no one will be able to extend his/her stay if he/she were to not qualify for settlement after exactly 5 years of stay in the UK, for some reason (e.g. - like yours).

If you applied for HSMP approval before Dec-06 changes then use this form and guidance to apply for (another) extension. Else use the Tier 1 (General) form (and guidance). Do not forget to check for new form/guidance close to date of application.

regards

[downerbeeswax]

sushdmehta thank you so much
and one question more ,do they give you points when you apply for the extention? i think i read somewhere you need to score 75 points to get it ,is it true?
thank you again
regards

[geriatrix]

Only if you applied for HSMP approval after the Dec-06 changes. In such Tier 1 (General) extension qualifying criteria (points based) will apply.


regards

[downerbeeswax]

thank you,you ve beeen a lot of help
i got clearer veiw on things now
when applying for further extension how much points you need to score to pass,is the criteria same as like when you apply for the extension for 3 years

thanks
regards

[geriatrix]

An extension is an extension .. immaterial if it is the 1st or nth. Read the Tier 1 (General) policy guidance for extension qualifying criteria.


regards

[salina02]

Hi Sushmehta,

Just want to clarify one thing with you plz help.
I been out of country for about 270 days nothing extending 90 days.
I got initial hsmp in jun 2006
Got extended in jun 2008 but on point system (well i was not sure at the time so i gave them the options point system or without point system)
Now if i apply for another extension in june 2011 (bcs of long holidays) with the form you specified above (which is without point based system) is it gonna be allright.

Thanks in advance.

BR
sa

[salina02]

Plz can someone reply

[geriatrix]

Hi Sushmehta,

Just want to clarify one thing with you plz help.
I been out of country for about 270 days nothing extending 90 days.
I got initial hsmp in jun 2006
Got extended in jun 2008 but on point system (well i was not sure at the time so i gave them the options point system or without point system)
Now if i apply for another extension in june 2011 (bcs of long holidays) with the form you specified above (which is without point based system) is it gonna be allright.

Thanks in advance.

BR
sa

IMHO you should be able to extend under the old HSMP rules.


regards

[salina02]

Hi Sushmehta,

Just want to clarify one thing with you plz help.
I been out of country for about 270 days nothing extending 90 days.
I got initial hsmp in jun 2006
Got extended in jun 2008 but on point system (well i was not sure at the time so i gave them the options point system or without point system)
Now if i apply for another extension in june 2011 (bcs of long holidays) with the form you specified above (which is without point based system) is it gonna be allright.

Thanks in advance.

BR
sa

IMHO you should be able to extend under the old HSMP rules.

regards

Thanks for your help

[salina02]

Hi All,

Please help me as i about to apply in next month but i am still not sure what to do with the amount of absences i have.
I been out of country for about 270 days nothing extending 90 days, Due to some medical reasons, my visa expires in June 2011

Option 1: To extend the tier 1 visa then apply for ILR (for the safe side)
Option 2: If i apply for ILR if they not happy with absences then what happen do they extend in Tier 1 saying to apply ILR after so and so date or etc..

Please guys share your experiences if you had come across any such cases.

[geriatrix]

If you apply for settlement, your application will either be approved or refused. A refusal doesn't lead to you being granted extension instead. To be granted extension, one must apply for extension.

If you do not meet the settlement requirements for any reason, you must apply for extension before your leave expires.