Qualifying for ILR

[priya_bhosale]

Hello,

I was on HSMP visa from 23 january 2007 to 23 january 2009. Towards the end of my hsmp visa i applied for extension under tier 1 (General). My initial application was refused but eventually i got the tier 1 visa after i appealed against the decision. The whole process lasted till august 2009 and i only got my tier 1 visa in august which started on 12th august 2009 valid upto 12th augut 2012.

My question is.... I complete 5 years in the UK on 23rd january 2012. But between 23rd january 2009 and 12th august 2009 i was in the process of appeal and hence i am not sure what my immigration status was in that period.

Hence I would like to know when i would qualify to make application for ILR. Would it be around 23rd january 2012 or 12th august 2012.

Thank you

[HSMP2008_JANUARY]

You can apply for ILR 28 days before 23rd january 2012 provided rules for ILR still remains same as now ( 5 years )

[priya_bhosale]

Thank you.

So the 7-month period from 23rd january 2009 to 12th august 2009, during which my appeal was in progress would count towards the 5 year qualifying period? Is that definitely so?

[ChetanOjha]

Yes it should. You were in UK and your appeal was under process.

Thank you.

So the 7-month period from 23rd january 2009 to 12th august 2009, during which my appeal was in progress would count towards the 5 year qualifying period? Is that definitely so?

[priya_bhosale]

Thanks for your replies!