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ILR (after 5 and half years)

General UK immigration & work permits; don't post job search or family related topics!

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rimm
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Posts: 10
Joined: Sun May 25, 2008 12:39 am

ILR (after 5 and half years)

Post by rimm » Sun May 25, 2008 1:05 am

Hi all.

Good morning.

Any advice suggestions will be appreciated.

If i apply ILR after 5 and half years how will the clock starts .

I was issued w/p on march 2003
Qualifying period =march 2008 ( completes 5 years)
but want to apply in sep 2008 .

***** so does my clock starts from sep 2003 to sep 2008*****

This is becoz to compensate excess absences .Are we allow to apply in this manner .

Any suggesstion ,information or advice will be appreciated.

Thank You.

vinny
Moderator
Posts: 32989
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sun May 25, 2008 1:17 am

How excessive are your absences? Don't forget that you should apply for an extension or ILR before your current leave expires.
Last edited by vinny on Sun May 25, 2008 1:21 am, edited 1 time in total.
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rimm
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Posts: 10
Joined: Sun May 25, 2008 12:39 am

hi

Post by rimm » Sun May 25, 2008 1:19 am

Hi

My visa is expiring in 2009 aug .excess by 35 days.

neel17
Newly Registered
Posts: 22
Joined: Wed Apr 02, 2008 4:56 pm

HSMP to ILR

Post by neel17 » Fri May 30, 2008 10:13 am

This is query to all who are on HSMP for around 5 years and applied for ILR

or those who are on HSMP and will be applying for ILR


Query...

Do I have to complete exactly 4 yrs and 11 months to be eligible to apply ILR?

1. When I got first hsmp visa I came to UK after a 1 month. So total time on Initial HSMP visa spent in UK was = 1 yr 11 months

2. Then I got HSMP extension for 3 years but the start date is overlapping with the initial HSMP visa expiry (17 May) by 10 days. That gives us (start date 8 May) actual extended HSMP visa for 2 yrs 11 months and 20 days
(not 3 years theoretically if they provide us new visa from 18 May rather than 10 days before from 8th May)

3. When I will be applying for ILR my actual stay will be (1yr 11months) + (2yrs 11 months 20 days) = 4 years 10 months 20 days
(which i think is short of 10 days for 4 years 11 months minimum for eligibility - correct me)

What should I do in this case?

Any help/information is much appreciated... as I can start thinking on this.

Thank you

neel

simar
Member
Posts: 239
Joined: Tue Sep 16, 2003 2:01 am
Location: cambridge

Re: HSMP to ILR

Post by simar » Fri May 30, 2008 11:07 am

neel17 wrote:This is query to all who are on HSMP for around 5 years and applied for ILR

or those who are on HSMP and will be applying for ILR


Query...

Do I have to complete exactly 4 yrs and 11 months to be eligible to apply ILR?

1. When I got first hsmp visa I came to UK after a 1 month. So total time on Initial HSMP visa spent in UK was = 1 yr 11 months

2. Then I got HSMP extension for 3 years but the start date is overlapping with the initial HSMP visa expiry (17 May) by 10 days. That gives us (start date 8 May) actual extended HSMP visa for 2 yrs 11 months and 20 days
(not 3 years theoretically if they provide us new visa from 18 May rather than 10 days before from 8th May)

3. When I will be applying for ILR my actual stay will be (1yr 11months) + (2yrs 11 months 20 days) = 4 years 10 months 20 days
(which i think is short of 10 days for 4 years 11 months minimum for eligibility - correct me)

What should I do in this case?

Any help/information is much appreciated... as I can start thinking on this.

Thank you

neel

Same case as mine. I enter UK 2 months after hsmp visa stamping. Then got extention for 4 years. All in all. I will be staying here 4 year & 10 months. Well short of 28 days grace period allowed to apply for ILR.
The option is to apply for further 3 year extention under tier 1 system.
ie give 750 pounds fee and pass the point system. Then apply later for ILR

neel17
Newly Registered
Posts: 22
Joined: Wed Apr 02, 2008 4:56 pm

Re: HSMP to ILR

Post by neel17 » Fri May 30, 2008 11:55 am

Hi Simar

But think of situation - after 1 year if the rule changes and we cannot qualify the tier-1 extension then we will end up going back... isn't it?

when is your ILR due - i mean 4 yrs and 10 mnths?

What if you apply in the last week of your expiry and cross finger and just wait? because for postal application they take 3-4 weeks and by the time they receive your application you might have completed 4yrs and 11months nearby?

Thank you...


simar wrote:
neel17 wrote:This is query to all who are on HSMP for around 5 years and applied for ILR

or those who are on HSMP and will be applying for ILR


Query...

Do I have to complete exactly 4 yrs and 11 months to be eligible to apply ILR?

1. When I got first hsmp visa I came to UK after a 1 month. So total time on Initial HSMP visa spent in UK was = 1 yr 11 months

2. Then I got HSMP extension for 3 years but the start date is overlapping with the initial HSMP visa expiry (17 May) by 10 days. That gives us (start date 8 May) actual extended HSMP visa for 2 yrs 11 months and 20 days
(not 3 years theoretically if they provide us new visa from 18 May rather than 10 days before from 8th May)

3. When I will be applying for ILR my actual stay will be (1yr 11months) + (2yrs 11 months 20 days) = 4 years 10 months 20 days
(which i think is short of 10 days for 4 years 11 months minimum for eligibility - correct me)

What should I do in this case?

Any help/information is much appreciated... as I can start thinking on this.

Thank you

neel

Same case as mine. I enter UK 2 months after hsmp visa stamping. Then got extention for 4 years. All in all. I will be staying here 4 year & 10 months. Well short of 28 days grace period allowed to apply for ILR.
The option is to apply for further 3 year extention under tier 1 system.
ie give 750 pounds fee and pass the point system. Then apply later for ILR

simar
Member
Posts: 239
Joined: Tue Sep 16, 2003 2:01 am
Location: cambridge

Re: HSMP to ILR

Post by simar » Fri May 30, 2008 1:22 pm

neel17 wrote:Hi Simar

But think of situation - after 1 year if the rule changes and we cannot qualify the tier-1 extension then we will end up going back... isn't it?

when is your ILR due - i mean 4 yrs and 10 mnths?

What if you apply in the last week of your expiry and cross finger and just wait? because for postal application they take 3-4 weeks and by the time they receive your application you might have completed 4yrs and 11months nearby?

Thank you...


simar wrote:
neel17 wrote:This is query to all who are on HSMP for around 5 years and applied for ILR

or those who are on HSMP and will be applying for ILR


Query...

Do I have to complete exactly 4 yrs and 11 months to be eligible to apply ILR?

1. When I got first hsmp visa I came to UK after a 1 month. So total time on Initial HSMP visa spent in UK was = 1 yr 11 months

2. Then I got HSMP extension for 3 years but the start date is overlapping with the initial HSMP visa expiry (17 May) by 10 days. That gives us (start date 8 May) actual extended HSMP visa for 2 yrs 11 months and 20 days
(not 3 years theoretically if they provide us new visa from 18 May rather than 10 days before from 8th May)

3. When I will be applying for ILR my actual stay will be (1yr 11months) + (2yrs 11 months 20 days) = 4 years 10 months 20 days
(which i think is short of 10 days for 4 years 11 months minimum for eligibility - correct me)

What should I do in this case?

Any help/information is much appreciated... as I can start thinking on this.

Thank you

neel

Same case as mine. I enter UK 2 months after hsmp visa stamping. Then got extention for 4 years. All in all. I will be staying here 4 year & 10 months. Well short of 28 days grace period allowed to apply for ILR.
The option is to apply for further 3 year extention under tier 1 system.
ie give 750 pounds fee and pass the point system. Then apply later for ILR
Yeah, their is always a risk. That’s why all these court cases come up by people. Try apply for tier 1 well before expiry of your current visa. This is best option.

paulp
Diamond Member
Posts: 1071
Joined: Sun Aug 19, 2007 9:34 pm

Post by paulp » Fri May 30, 2008 1:25 pm

Rather than 4 years and 11 months, it's actually 5 years minus 28 days from the initial date of entry.

neel17
Newly Registered
Posts: 22
Joined: Wed Apr 02, 2008 4:56 pm

Post by neel17 » Fri May 30, 2008 3:45 pm

Hi Paul

I assume it is not from the date the visa issued rather it is the date of the entry.. correct me.

in my case - date of entry is one month after the visa issued.


paulp wrote:Rather than 4 years and 11 months, it's actually 5 years minus 28 days from the initial date of entry.

paulp
Diamond Member
Posts: 1071
Joined: Sun Aug 19, 2007 9:34 pm

Post by paulp » Sat May 31, 2008 1:31 pm

neel17 wrote:Hi Paul

I assume it is not from the date the visa issued rather it is the date of the entry.. correct me.

in my case - date of entry is one month after the visa issued.


paulp wrote:Rather than 4 years and 11 months, it's actually 5 years minus 28 days from the initial date of entry.
Which is what I said, "5 years minus 28 days from the initial date of entry" in the country. If you can extend your visa to reach that magical date, then I would advise you doing so.

There are some tricks to pay by check to delay the processing date but better leave that to people who don't have a choice. For the sake of the visa application fee, you don't want the risk of a caseworker saying sorry, you were not eligible on the day you applied (date of postage for postal application or date of submission at PEO for in person).

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