ILR

[salman83]

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.

[MORBULOUS_PRIME]

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.

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.

Please jump in if I am wrong.

[Frontier Mole]

Agree with the above. Until you actually enter a country - how on earth can you start to qualify for time spent there.....
........................................................................................
The myths of immigration are wonderful - I think there should be a sticky just for myths.

[PaulM]

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....

[larry]

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.

[larry]

PaulM, read the ILR guidance form. The 28 days rule only state that " you should not apply more that 28 days before completing the qualifying period" which accoding to the guidance runs from the date the leave to enter or remain the the UK was granted. So you should be okay to apply for ILR 28 days before your leave expires.

regards.

[Frontier Mole]

The 28 day grace period is how many days BEFORE you complete the required 2/5 whatever number of years STAY IN COUNTRY that you can apply for ILR.

Link expalins

http://www.ukba.homeoffice.gov.uk/ukres ... ettlement/

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I think what the forum is getting at - if you enter more than 28 days after the issue of the visa you will not have met the ILR requirement within the 28 grace days prior to expiry of the visa. In effect saying you will need a visa extention. Example below

Looking at your case - assume visa date 1/2/05 arrived UK 16/3/05
ILR date 16/3/10 - earliest you can apply 28 days before is 16/2/10 so you will need an extention.

[larry]

Hi Frontier Mole, I think you are missing it. The guidance notes for set 0 as example. Its states the qualifying period and when it start to run:
http://www.ukba.homeoffice.gov.uk/sitec ... de0208.pdf

[republique]

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.

Hi there
You misunderstand the wording of the guidance which 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." That means that the qualifying period which in this case is the 5 year residential period can not be begin to be counted before your LTR was granted. Otherwise, your scenario would allow someone to enter the UK 1 year after permission was granted and count that year as living here when you weren't.

[republique]

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....

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.

[vinny]

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.

i.e. The qualifying period starts when you initially enter/remain the UK in the relevant category. Moreover,

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.

[larry]

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.

[republique]

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.

No Larry, you got it wrong
And don't be distracted with the year example.
Say 3 months you didn't arrive, with your scenario you get 3 months free.
It is saying the period of qualification can run from the date your LTR begins and the period of qualification is a residence period of 5 years. You can not be a resident until you enter the country. It is plain and simple.

[vinny]

See also 1.3 - Validity of entry clearance and leave to enter

[republique]

See also 1.3 - Validity of entry clearance and leave to enter

AHA I see what you are doing.
Exactly what I was saying
For applicants in long-term categories who are subject to either a qualifying period before applying for settlement, or to a limit on their total length of stay in that category (i.e. work permit holder and their dependants, UK ancestry, au pairs, and working holidaymakers), leave to enter should begin on the date they arrive in the UK (within the three month limit).

[vinny]

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.

[republique]

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.

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.

[paulp]

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.

[republique]

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.

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.

And I dont think that's what he was confusing as the issue was the calculation fo the qualifying period.

[PaulM]

When my time comes I will apply by post and hopefully all will be okay (I'm sure they will give me the benefit of the doubt over 14 days. Anyway I could prove if push comes to shove that I was writing my exams at the time and therefore had to get that out of the way first. Also I have such a long time still, the whole situation might have changed.

Just a quick follow up question: if they dont give ILR would I still have the chance to apply for an extension albeit for use of a month?!?

[paulp]

PaulM, sometimes benefit of the doubt and HO do not go together. When dealing with them, take all your precautions. You can get lucky or you may not.

[push]

Why worry about ILR now. By the time you hit 5 years, they might increase the qualifying period for ILR to 8/10 years . There are already talks that there are going to be some changes in this regard in November

regards,

push_hsmp

PS: Although this has been said in a lighter vein, this is a sad reality

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.

[srini08]

My husband is a doctor, came to uk to write PLAB test in Sep 1998. on his passport initial stamp was '' C visit - PLAB'' valid for 6month.

within 5months of his initial period he shifted to permit free visa in Feb 1999 and started working.( applied to permit free visa from uk itself, not from his home country)

From then on he is on work permit (in October2004) and later changed to HSMP (April 2005),never had a gap.

My question is can we consider his initial visa period (first 5months in 1998) towards his ILR on 10 year long stay category.
any advice would be appreciated

[srini08]

My husband is a doctor, came to uk to write PLAB test in Sep 1998. on his passport initial stamp was '' C visit - PLAB'' valid for 6month.

within 5months of his initial period he shifted to permit free visa in Feb 1999 and started working.( applied to permit free visa from uk itself, not from his home country)

From then on he is on work permit (in October2004) and later changed to HSMP (April 2005),never had a gap.

My question is can we consider his initial visa period (first 5months in 1998) towards his ILR on 10 year long stay category.
any advice would be appreciated

[srini08]

can anyone clarify my query please