Indefinite leave to remain

[Hector]

Hi All,
If one moves to the UK (HSMP visa) a couple of months after the date of EC, does it in anyway hamper the chances of ILR? I presume after 1 year, the extension for 3 further years is granted.
Now if one stays for 4 years in the UK he/she can apply for ILR, but in this case, its 4yrs minus a couple of months (say 3 yrs 10 mnths). Can he/she go ahead with his ILR application before being deported?

looking forward to you response(s).

Cheers,
Hector

[olisun]

i think this has been covered in the past, but the rule for ILR is 4 yrs stay in the UK based on a wp, HSMP or similar categories

and the countdown starts from the day you enter the UK and not from the day your visa is stamped

if you fall short of the 3yrs 11 months requirement, then I believe you may have to get some kinda extension in the future

[infoatltd]

It looks as if you'll need an extension anyway as the qualifying period for ILR is set to be increased to 5 years pretty soon (matter of a few months).

[Hector]

yeah i know that. but then the question is is there some procedure defined for such an extension? is there any guideline regarding this or its just what we think?

cheers,
hector

[John]

It looks as if you'll need an extension anyway as the qualifying period for ILR is set to be increased to 5 years pretty soon (matter of a few months).

I don't think we can assume that to be the case. The last thing that IND would want are lots of one year extensions to deal with.

It is much more likely that those already granted a three-year extension will still be able to apply for ILR near the end of that, but as from a certain date, instead of three-year extensions being granted they will issue four-year extensions, thus delaying the ILR for a year.

There is a precedent for that sort of policy. Up to March 2003 spouse visas were issued for one year. As from April 2003 they were issued for two years. But someone with a one-year spouse visa issued in March 2003 or earlier did not need to apply for an extra year .... they could still apply for ILR near the end of their one-year spouse visa, even though those being issued with new spouse visas were getting two-year ones.

[buntosanya]

Please i need to be educated. Are you people saying that one cannot leave UK while one is there through HSMP until after 4 years in order to be qualified for ILR.

If there is a need to travel out of UK, the number of months spend outside UK will be deducted when taken the total number of years spent into consideration.

I am afraid i hope not.

buntosanya