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musaratnasreen wrote:It is thought provoking scenario
. UKBA letter confirms that sufficient leave to take me quaifying threshold for settlement
However I am 40 days short
ANY ONE PLEASE HELP SENIOR MEMBERS SPECIALLY
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Please refer policy document a follows. UKBA should ave given me longer visa as per this.So oversight is on their part not mine. what do you suggestf2k wrote:unfortunately because you arrive almost 3months after your initial visa stamping means you will probably have to apply for another extension in order to fulfil the 5year stay criteria. However depending on when you applied for the HSMP initially you may be affected by the JR
musaratnasreen wrote:Dear senior membersvinny wrote:Section 6A - Points-based system, tier 1 settlement guidance.
You may apply for settlement no sooner than 28 days before the completion of your qualifying period and before your leave expires. Unfortunately, if your leave expires before you can apply for settlement, then you should apply for an extension (cost), before your leave expires.
I understand the 28 days rule on the link but i have peculiar situation. My FLR extension letter says that it is under JR and sufficient leave to take me to qualifying threshold for settlement.but time line is as follow.
Visa 19 jun 06 till 19 jun 07 stamped on 19 jun 06
Extension until 19 jun 08 stamped on 9oct 07(To correct mistake while issuing first visa which should have been for 2 years)
FLR for 3 years till 4 Aug 2011 with above statement stamped on 13 Auf 2008
I landed here on 14 sep 2006 i.e approx 3 months late.
How do i go about it for ILR in 2011
Do i need extension as i am short by 40 days or UKBA committment that my FLR is sufficient to take me to qualifying threshold for settlement will be honoured
I WILL APPRECIATE your comments and personal experiences
Exten
musaratnasreen wrote:I got my FLR for 3 years till 4th Aug 2011 under JR . As per policy document of UKBA I should have been given extension for 3 years or enough leave to take me to qualifying threshold for ILR which ever is greater. Although cover letter from UKBA does mention that my leave is sufficient to take me to qualifying threshold whereas actually it is not. I will be short by 40 days from 5 years. Can you suggest what I should do
vinny wrote:musaratnasreen wrote:Dear senior membersvinny wrote:Section 6A - Points-based system, tier 1 settlement guidance.
You may apply for settlement no sooner than 28 days before the completion of your qualifying period and before your leave expires. Unfortunately, if your leave expires before you can apply for settlement, then you should apply for an extension (cost), before your leave expires.
I understand the 28 days rule on the link but i have peculiar situation.
Do i need extension as i am short by 40 days or UKBA committment that my FLR is sufficient to take me to qualifying threshold for settlement will be honoured
I WILL APPRECIATE your comments and personal experiences
Exten
vinny wrote:A problem is that the qualifying period started when you initially entered the UK under the relevant category.
musaratnasreen wrote:Hi Vinny
I think we are close to results. One must enter within 28 days after visa. Please can you help to clarify the statement in policy document which says we will give you 3 years or sufficient leave to take you to qualifying threshold for settlement which ever is greater. While my initial visa was from 19 jun 2006, and I was given 3 years one month and 15 days from 19th jun 2008 till 4th Aug 2011. Why could they not give 12 extra days to qualify their statement in the the cover letter.
vinny wrote:A problem is that the qualifying period started when you initially entered the UK under the relevant category.
newuser11 wrote:I think you have to apply for another extension that will be for 3 years.
I got HSMP on 09/09/04
Came to UK 09/10/04
Home office has not refunded the fee to me as i was short of 2 days only.
newuser11 wrote:I think you have to apply for another extension that will be for 3 years.
I got HSMP on 09/09/04
Came to UK 09/10/04
Home office has not refunded the fee to me as i was short of 2 days only.
bani wrote:They should have given you a longer FLR/extension based on that JR policy. I would write them and include the policy, a copy of their letter, a copy of your visa.
They will not relax the ILR requirement (has to be 5 years minus 28 days), but they should have given you a longer extension under JR (2008).
It's good that you are dealing with this now, rather than when it is time for you to apply for ILR.
pullikanti wrote:Hi,
I am also in same situation.
I got HSMP approval on 22 Nov 2006 (I applied before 6 Nov 06 but got approval on 22 Nov 06) and got visa stamping on Feb 14 2007 till Feb 14 2009. But I entered UK on 22 Apr 2007.
Then I applied for FLR and got visa extension as Tier 1 (General) till 14 Feb 2012.
The UKBA letter says that this is sufficient to take me to qualifying threshold.
But as I entered UK 67 days afte getting initial visa stamping, I am falling short by 39 days to complete 5 year period.
Can anyone please suggest what to do - Apply for another extension or apply to ILR?
Musaratnasreen, please can you say whether you got answer to your problem.
Thanks in advance.