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Tier1 to ILR: came late on initial visa for 5 years

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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sanyamkaushik
Newly Registered
Posts: 23
Joined: Mon Mar 12, 2012 4:56 pm
Location: United Kingdom

Tier1 to ILR: came late on initial visa for 5 years

Post by sanyamkaushik » Mon Mar 12, 2012 5:00 pm

Hi Guys
Need your expert opinion/experience.
Initial visa: HSMP
Visa started: 1st May 2007.
I entered UK: 27th June 2007

Current Visa: Tier 1 (extension of HSMP)
Expiry : 30th April 2012.

Shall I apply for Tier1 extension or ILR directly.

For 5 years counting, I came about 57 days later (from when my initial visa started)

Please help...

village
Member
Posts: 157
Joined: Sun Dec 04, 2011 11:27 am
Location: london

Post by village » Mon Mar 12, 2012 9:45 pm

you are late only 57 days......as per current rules if you are in UK Before 3 months ie, late entry you can Apply your visa...........just before 28 days of your visa expiring for ILR

jain208
Junior Member
Posts: 63
Joined: Thu Nov 12, 2009 9:52 pm
United Kingdom

Post by jain208 » Tue Mar 13, 2012 12:22 am

Hi,

Can you please redirect me to the link where it is mentioned. Mine is a somewhat similar case but I came in the UK 3 months and 1 day after my Visa date.
But the thing is that my current Tier 1 visa will expire on 13th January, 2013 and my 5 years in UK will complete on 5th April 2013. Here the difference is less than 3 months.

So, in this case will I have to apply for my extension first and then apply for ILR, or can I straight away apply for ILR?

Thanks,
Abhi.

mah
Member
Posts: 227
Joined: Thu Sep 10, 2009 11:17 pm

Post by mah » Tue Mar 13, 2012 12:37 am

jain208 wrote:Hi,

Can you please redirect me to the link where it is mentioned. Mine is a somewhat similar case but I came in the UK 3 months and 1 day after my Visa date.
But the thing is that my current Tier 1 visa will expire on 13th January, 2013 and my 5 years in UK will complete on 5th April 2013. Here the difference is less than 3 months.

So, in this case will I have to apply for my extension first and then apply for ILR, or can I straight away apply for ILR?

Thanks,
Abhi.
Hi Abhi, I am in the same boat . The only thing is that still I need 3 months and 1 day to complete my 5 years.

When was your first day of arrival?

Nobody has a definite answer so far. It seems it is to the CW discretion. S/he will see all the case and then decide about it. Other people advise that it is a risk to apply for ILR and better to apply for the second extension first. I still do not know whether to apply for ILR or 2nd extension. Please be in touch to see what we should do. If either of us find any answer let the other know.

By the way, how did you manage to have longer visa after your extension?
Regards,

mah

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Mar 13, 2012 6:53 am

See also ILR Eligibility.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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