ILR or second extension

[jimmymcad]

Dear Seniors,

I got HSMP visa from 14th Sep 2007 for 2 years, and extended to Tier 1 till 14th Sep 2012. I entered uk on 23 Nov 2007, which you can see is a bit late. I was sure to get the second extensions but according to the new rule:-

2.2 Applications that fall short of the five year continuous period
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.

Now it seems that i am able to get ILR without second extensions. My question is,

1. If i can get the ILR by this rule, i came after 70 days, which is within 3 months, please correct me if i am wrong. Is it still risky as the wording used here Caseworkers may count?

3. What would be my dates to apply for ILR exactly if somebody can highlight as it should be 28 days earlier. Please if someone suggest

Many thanks in advance.

[vinny]

1. See also Tier 1 Extension or ILR

2. If they "count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years", then your qualifying period started from Friday, 14 September 2007. 28 days prior to the completion of your qualifying period is Friday, 17 August 2012. However, "provided this period was not longer than 3 months" may mean that you may apply for ILR from Thursday, 23 August 2012?

[manyaonisland]

2. If they "count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years", then your qualifying period started from Friday, 14 September 2007. 28 days prior to the completion of your qualifying period is Friday, 17 August 2012. However, "provided this period was not longer than 3 months" may mean that you may apply for ILR from Thursday, 23 August 2012?

I think - "provided this period was not longer than 3 months" means that the the difference between the visa being granted (valid from date on the sticker) and applicant cleared the immigration post (stamped on Entry clearance ) this should not be more than 3 months. in the calculation above you are trying to calculate the eligibility date three months before the actual 5 yrs completion date which is not correct. of course this is my opinion.

[jimmymcad]

Thanks very much Vinny for the clarifications on my dates.

My only doubt is they have used the wording "Discretion and Case worker may count". is there any risk that they may not count these 3 months?. Does it depend on caseworker, if they wish to allow these shortfall? Is it still worth to waste money for 2nd extension.

Many thanks