5 Years period

[nmm]

Hi,

I am on Tier 1 and 5 years of my visa will be completed in 5-Nov-2012 but 5 years when I enetered UK will be completed on 25-Dec-2012 Now I am confused if can apply for ILR or I need to get more extension first.

What is the best way to handle this situation?

Is there any benifit if I apply just few days before my visa expire so that when they take the deceision I fulfil my 5 year stay requirements?

Or can I apply for extension now so that at that time I can apply for ILR? I fulfil the Points requirements at the moment but I don't know what will be the situation next year?

Any good suggestion required please.

Thanks

[[iD]]

Hi,

I am on Tier 1 and 5 years of my visa will be completed in 5-Nov-2012 but 5 years when I enetered UK will be completed on 25-Dec-2012 Now I am confused if can apply for ILR or I need to get more extension first.

What is the best way to handle this situation?

Is there any benifit if I apply just few days before my visa expire so that when they take the deceision I fulfil my 5 year stay requirements?

Or can I apply for extension now so that at that time I can apply for ILR? I fulfil the Points requirements at the moment but I don't know what will be the situation next year?

Any good suggestion required please.

Thanks

If I'm not wrong, what I understood from theproposed changes draft (check annex B) and from what I can understand is if you entered in the country within 3 months of getting EC then they can count that period towards your 5 years. Also, you can apply for ILR 28 days before your current leave expires which makes it technically (4 years 11 months and a couple of days). Mind you these changes are subjected to Parliamentary approval.

Read the following snippet from the draft

Code: Select all

2.2 Applications that fall short of the five year continuous period
In some cases, applicants may have been granted 5 years continuous leave, but will not have 
spent 5 years continuously in the UK before their current leave expires.  Caseworkers may 
count the period between entry clearance being granted and the date the applicant entered 
the UK towards the 5 years, provided this period was not longer than 3 months. 

[/color]

[xyz123]

Hi,

I am on Tier 1 and 5 years of my visa will be completed in 5-Nov-2012 but 5 years when I enetered UK will be completed on 25-Dec-2012 Now I am confused if can apply for ILR or I need to get more extension first.

What is the best way to handle this situation?

Is there any benifit if I apply just few days before my visa expire so that when they take the deceision I fulfil my 5 year stay requirements?

Or can I apply for extension now so that at that time I can apply for ILR? I fulfil the Points requirements at the moment but I don't know what will be the situation next year?

Any good suggestion required please.

Thanks

If I'm not wrong, what I understood from theproposed changes draft (check annex B) and from what I can understand is if you entered in the country within 3 months of getting EC then they can count that period towards your 5 years. Also, you can apply for ILR 28 days before your current leave expires which makes it technically (4 years 11 months and a couple of days). Mind you these changes are subjected to Parliamentary approval.

Read the following snippet from the draft

Code: Select all

2.2 Applications that fall short of the five year continuous period
In some cases, applicants may have been granted 5 years continuous leave, but will not have 
spent 5 years continuously in the UK before their current leave expires.  Caseworkers may 
count the period between entry clearance being granted and the date the applicant entered 
the UK towards the 5 years, provided this period was not longer than 3 months. 

[/color]

That is assuming that first visa issued to OP was for 5 years. its not clear from OP's post that that is indeed the case.HE/SHE simply says 5 years complete in 2012. Considering that OP is on Tier 1, i think it is unlikely to be the case.

[geriatrix]

xyz123, PBS visas are not (and never were) issued for 5 years. The "continuous 5 years period" for PBS migrants always involves an instance of 1 extension.

[xyz123]

xyz123, PBS visas are not (and never were) issued for 5 years. The "continuous 5 years period" for PBS migrants always involves an instance of 1 extension.

So am i right in thinking that [iD]'s advise of referring to that particular clause is not applicable in this case and that OP needs an extension before getting ILR?

[nmm]

Thanks for your comments
Initially I was granted 2 years HSMP on 5-Nov-2007 but I arrived in UK on 24-Dec-2007
Then I got 3 years extension on 5-Nov-2009 in Tier-1 General catagory
iD your comments looks very encouraging but I am still in doubt
Can you explain a little bit?
Is these are recently proposed changes? When they will be implemented?

[xyz123]

Thanks for your comments
Initially I was granted 2 years HSMP on 5-Nov-2007 but I arrived in UK on 24-Dec-2007
Then I got 3 years extension on 5-Nov-2009 in Tier-1 General catagory
iD your comments looks very encouraging but I am still in doubt
Can you explain a little bit?
Is these are recently proposed changes? When they will be implemented?

Re-read the clause that has been quoted by [iD]. That particular clause is not applicable to you as that particular clause is clearly only applicable to those who were given 5 years continuous leave. you were givena leave for 2 years and then extended for another 3. What i dont know is if there is another clause for people like you but i think thats highly unlikely!

[tonte123]

It may be OK as there is no 5 yr tier 1 one-time entry clearance and it is being retired anyway.i.e. after it is approved by parliament.