HSMP to ILR

[neel17]

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 is short of 10 days for 4 years 11 months minimum for eligibility)

What should I do in this case?

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

Thank you

neel

[ILR_ASPIRANT]

Hi neel,
I think I got similar story as yours any updates from your side?

I hope I can get some help here.

I went through some of the messages posted but it did not find satisfactory answer to my questions.

I have got one odd scenario with me.

I am currently working here in the UK on WP and HSMP and will be completing 5 years (counting from the date of entry to the UK 14 Feb 2004 ) on 14 Feb 2009

I was issued visa in the following order of date

Date of Issue Valid until
03 Feb 04 03 Feb 06
Date of landing is 14 Feb 2004

Extension of WP
Date of Issue Valid Until
08 Feb 06 16 Jan 06

HSMP
05 Jan 07 05 Jan 09

Now I have got 40 days less for the completion of my 5 years as per my visa.

I would like to know if I can apply for ILR or I should have to take HSMP extension?


Thanks in advance.

[hsmpinuk70]

No expert in the matter, but this is what I found on the BIA website: "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".
http://www.ukba.homeoffice.gov.uk/ukres ... ettlement/

Going by this (coming from the horse's mouth), I believe you'll need to apply for another extension.



regards

[letmec2006]

Is it possible to apply for any further extension under HSMP/Teir1, if the applicant is short of more than 28 days for ILR.
Regards

[jazbaati99]

Well you can apply for an extension to cover the period of 4 years and 11 months. However if there is a discrepancies of a couple of days you can do the following

Apply for ILR through a postal application. Make sure that you send your mail either recorded or special delivery and keep hold of the receipt.

Make sure that you pay by cheque. If takes around five working days for the cheque to clear. Your application will not be looked upon unless the payment is clear.

It will take a day or two before your application is delivered and another five or so days for your cheque to clear buying you some time. So theoretically when your application will reach a case worker it will be within 28 days of the qualifying period.

Besf of luck.

[geriatrix]

Is it possible to apply for any further extension under HSMP/Teir1, if the applicant is short of more than 28 days for ILR.
Regards

Yes, and also, it is up to you whether you want to apply for ILR or not. If you don't want to apply for ILR, you have the option to extend further.

regards

[mabsa]

my case is similar to you. I was given Entry Clearance as permit free employment by British High Commission Islamabad for one year: From 01 March 2004 to 01 March 2005. In India/Pakistan people apply their visa applications through courier service Gerry FedEx. I received my documents (e.g. passport) back on 20 March 2004, although the visa was already started from 01 March 2004. I tried my best to enter in the UK ASAP but because of Easter Peak Travelling Season I could make my way to UK on 15-04-2004.

Next year in February 2005 I applied for extension and I was given FLR up to 25 February 06. The actual extension given to me was 11 months and 25 days.

Following year in 2006 I applied for extension. My employer clearly requested to the Home Office that I am a permanent employee and I need further extension of complete three years to qualify for Indefinite. But the case worker did not bother the dates and gave me extension up to 20 January 2009. The actual extension given was 2 years 10 months and 23 days.

My Indefinite is due in April 2009 but because of disorder in extension dates I am confused whether I can apply for Indefinite Leave before my current visa expires or should I have to take 2 month extension? It is a matter of paying money as well. In my understanding it was not my mistake. I always applied on time with complete documents. I know many individuals on permit free employement visa who got four years extension at one time.

any suggestion welcome