Fall short of ILR 5 years rule by 1 month and 11 days

[hsmp_1476]

Apologies if this question is answered already.

I am on HSMP + Tier 1 general extension. I fall short of 5 years requirement by 1 month 11 days. My HSMP visa started from 18th Feb 2008 and my Tier 1 extension expires on 18th Feb 2013. With this scenario, is it worth taking the risk of applying for ILR towards the end of my current stay or I have to go for an extension?

Thanks for your help
Vikram

[geriatrix]

Please do not send us your application more than 28 days before you become eligible to apply. If you do, we may refuse your application with no refund of the application fee (where a fee is charged). However, you must make your application before your current permission to stay in the UK expires.

regards

[hsmp1412]

Apologies if this question is answered already.

I am on HSMP + Tier 1 general extension. I fall short of 5 years requirement by 1 month 11 days. My HSMP visa started from 18th Feb 2008 and my Tier 1 extension expires on 18th Feb 2013. With this scenario, is it worth taking the risk of applying for ILR towards the end of my current stay or I have to go for an extension?

Thanks for your help
Vikram

Based on the dates provided - your visa covers the entire 5 yr period. How then do you fall short by 1 month 11 days? Is it because you entered the UK later than your visa start date?

[hsmp_1476]

Based on the dates provided - your visa covers the entire 5 yr period. How then do you fall short by 1 month 11 days? Is it because you entered the UK later than your visa start date?

Sorry, I forgot to mention that. Yes I entered UK after 1 month 10 days of gettubg the visa.

Do they follow the guideline strictly or there are cases where ppl have applied before 28 days and got the ILR successfully? I ask this because even for Tier 1 extensions, they say apply before 28 days but I had applied 6 months in advance and got the visa extended with out any problems.

Thanks
vikram

[geriatrix]

Residential period in the UK is not a qualifying parameter for PBS extension application - but is a key qualifying criteria for settlement application.

Unless applying for settlement as a spouse / partner of a British citizen or someone settled here, in which case a concession is allowed, more than 28 days delay in entering the UK from date of issue of entry clearance requires the applicant to extend his stay in the UK before becoming eligible to apply for settlement.


regards

[hsmp_1476]

Residential period in the UK is not a qualifying parameter for PBS extension application - but is a key qualifying criteria for settlement application.

Unless applying for settlement as a spouse / partner of a British citizen or someone settled here, in which case a concession is allowed, more than 28 days delay in entering the UK from date of issue of entry clearance requires the applicant to extend his stay in the UK before becoming eligible to apply for settlement.


regards

Thanks sush. I will go for an extension next year (two years before my tier 1 extension's expiry) to save some cost. I will have a baby next year, so instead of going for his/her dependent visa, I am planning to go for the extension of me, my partner and the new child.