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I believe you have 6 months to get to the UK. Your ILR qualifying period starts when you first ARRIVE and not when your HSMP is ISSUED.salman83 wrote:Hi all,
I got my HSMP visa approved yesterday. Now, one of my friend told me that in order to qualify for ILR. You must go to UK in next 30 days. If you do not go it right now, then the time I spent it over here will be deducted from 2 years stay. After 2 years, you will get the 3 years extension. So when I apply for ILR, my stay in the UK will be less than 5 years. So i need to apply for another extension.
All of you, I am confused over here. I do not know whether my period starts from the day I got my visa stamped or when I make an entry to UK.
Thanks.
Salman.
Hi therelarry wrote:Hi MORBULOUS_PRIME, Frontier Mole, I do not agree with both of you that ILR qualifying period start only from the date you entered the UK. Its clearly stated in the ILR guidance form page 2 section 5 that the qualifying period runs from the date when leave to enter or remain in the UK was granted. So provided you do not stay more than three months outside UK after the visa is issued, that period will be counted as part of the qualifying period. Please read the guidance form for ILR.
The strategy for that is to apply by post before your leave expires and by the time it gets processed, you will be within the 28 day period. Please use the search function for other people using this strategy as there clearly is a risk involved doing so.PaulM wrote:I would love to get this clarified once and for all. I arrived here on a 5 year UK Ancestry visa, 42 days after it was issued. Some people on this forum told me that a person only has 28 days with which to use the visa in order to be in the grace period for ILR. Therefore would have to apply for extension in order to cover lost days....
i.e. The qualifying period starts when you initially enter/remain the UK in the relevant category. Moreover,Applying for settlement in the United Kingdom wrote:After you have lived legally in the United Kingdom for a certain length of time (usually between two and five years), you may be able to apply to live here permanently, depending on the category of visa you have.
Applying for settlement in the United Kingdom wrote:You must not send us your application more than 28 days before the end of your qualifying period. If you do, we may refuse your application with no refund of the fee. However, you must make your application before your current permission to stay in the United Kingdom expires.
No Larry, you got it wronglarry wrote:Hi republique, The guidance form is simple and I do not misunderstand it. The qualifying period based on the quidance notes is "There is a qualifying period to complete in most of the categories on this form. That period runs from the date on which you were granted leave to enter or remain in this capacity."
However, if you stayed more than one year outside UK after LTR was granted, then you violated another rule based on three months oustide UK.
AHA I see what you are doing.vinny wrote:See also 1.3 - Validity of entry clearance and leave to enter
It doesn't matter, it still supports the point that the qualifying period begins on the date of entry or they wouldn't be talking about preventing unnecessary extensions.vinny wrote:Unfortunately, I think that the three months' limit refers to the ECO's discretion of defering the date of arrival for up to three months. To prevent unnecessary applications for an extension of stay, the holder should initially arrive in the UK no later than 28 days (4 weeks) after the entry clearance's effective date. Application types > Completing application form SET(M) explains when the qualifying period starts (for the two year category) more clearly.
Well he is not admitting to any confusion In fact he has been adamant of not being so despite being on the board and viewing the last few postings.paulp wrote:Larry confused Leave to Enter with Entry Clearance. They are not the same and as with the view of other posters above, Leave to Enter is given when the person first enters the country using the EC.
salman83 wrote:Hi all,
So when I apply for ILR, my stay in the UK will be less than 5 years. So i need to apply for another extension.
All of you, I am confused over here. I do not know whether my period starts from the day I got my visa stamped or when I make an entry to UK.
Thanks.
Salman.