ILR query

naeed · Post by **naeed** » Tue Apr 05, 2011 9:20 pm

Hi
i was admitted in to UK in the year 2005 but due to long absences i was denied ILR. My ILR is due in 2012 and before that i need to get one more extension to cover 8 days of shortfall in my visa to complete 4 yrs.
Does the new rules from 6 april 2011 affect my extension and ILR.Please some one reply.

Appreciate ur reply

Thanks

Regards

Pooya · Post by **Pooya** » Tue Apr 05, 2011 10:48 pm

As far as I know, you'd need 5 years not 4 years.

The new changes will affect everyone applying for ILR from 6th April including you.

naeed · Post by **naeed** » Tue Apr 05, 2011 11:46 pm

hi pooya
But paragraph 245CD.Requirement for indifinite leave to remain of statement of changes in immigration rules tells different story which still sticks to HSMP ILR JR(4 years)

please correct me if iam wrong

Thank you.

Pooya · Post by **Pooya** » Wed Apr 06, 2011 7:24 am

HSMP ILR JR is not for everyone, it's a special case and is for those whose applications were decided in court?

Not sure when it was launched but as far as I know some HSMP holders complained about the sudden introduction of HSMP few years ago in 2006 and their application had been refused then they went to court and won the argument with government and that's what JR refers to here I think.

http://www.ukba.homeoffice.gov.uk/sitec ... -09-policy

that's my understanding.

xyz123 · Post by **xyz123** » Wed Apr 06, 2011 4:07 pm

naeed wrote:Hi
i was admitted in to UK in the year 2005 but due to long absences i was denied ILR. My ILR is due in 2012 and before that i need to get one more extension to cover 8 days of shortfall in my visa to complete 4 yrs.
Does the new rules from 6 april 2011 affect my extension and ILR.Please some one reply.

Appreciate ur reply

Thanks

Regards

Please give your complete visa history.

naeed · Post by **naeed** » Wed Apr 06, 2011 11:31 pm

Hi xyz123

thanks for ur reply

stamped with HSMP for 1 yr in the month of april 2005
landed UK in the month of july 2005
got extened to 3 yrs with HSMP stamp
but need to get another extension to complete 5 yrs for ILR prior to ILR JR so got extended to another 3 yrs now with Tier 1 (general) till april 2012
please note ILR refused in the yr 2009 due to long absence(time reset from june 2008 assuming ILR application in the month of june 2012)
Assuming i make ILR application in june 2012 still short of 8 days taking in to account 28 days rule.
Appreciate ur advice
Thank u

xyz123 · Post by **xyz123** » Thu Apr 07, 2011 6:28 pm

naeed wrote:Hi xyz123

thanks for ur reply

stamped with HSMP for 1 yr in the month of april 2005
landed UK in the month of july 2005
got extened to 3 yrs with HSMP stamp
but need to get another extension to complete 5 yrs for ILR prior to ILR JR so got extended to another 3 yrs now with Tier 1 (general) till april 2012
please note ILR refused in the yr 2009 due to long absence(time reset from june 2008 assuming ILR application in the month of june 2012)
Assuming i make ILR application in june 2012 still short of 8 days taking in to account 28 days rule.
Appreciate ur advice
Thank u

If your time was re-set in 2008, then how do you qualify in 2012? how do you come under 4 years and not 5?

naeed · Post by **naeed** » Thu Apr 07, 2011 7:54 pm

hi xyz123
my 2nd extensiom was did in april 2009
till april2012 as i re entered after long absences on june 2008 i myself assumes as time reset from june 2008

Thanks

naeed · Post by **naeed** » Thu Apr 07, 2011 7:57 pm

123xyz
why not 4yrs since my approval letter was dated april 2005 hence come under HSMP ILR JR

please clarify

Thanks

naeed · Post by **naeed** » Fri Apr 08, 2011 1:26 pm

hi
can any one clarify me,specially moderators.

Thanks

Warm regards

naeed · Post by **naeed** » Tue Apr 12, 2011 1:31 pm

hi

can any one clarfiy my query please

thanks

Regards

[iD] · Post by **[iD]** » Tue Apr 12, 2011 1:37 pm

naeed wrote:123xyz
why not 4yrs since my approval letter was dated april 2005 hence come under HSMP ILR JR

please clarify

Thanks

I'd think if your time reset in june 2008, you'd need to complete 5 years? My two cents.

naeed · Post by **naeed** » Tue Apr 12, 2011 2:09 pm

Hi
comments from moderators please

Thanks

Regards

Post by **geriatrix** » Tue Apr 12, 2011 3:56 pm

If you were refused for a single absence of more than 90 days then:

If you apply again at a time when this single absence falls within the qualifying residential period your application will be refused (again) for the same reason.

Simple!

rizwan567 · Post by **rizwan567** » Tue Apr 12, 2011 9:29 pm

You are covered by HSMP ILR JR policy. You do qualify after 4 years from 2008 (after coming back from your short absence).

You are 100% covered by HSMP ILR JR. That is you qualify for ILR after 4 years of completing your stay in UK.

naeed · Post by **naeed** » Wed Apr 13, 2011 12:02 pm

Hi sushdmehta and rizwan567 thanks for ur views.

The reason am worried is that the refusal letter says 5 yrs not 4 yrs might b thats the standard letter they do before ILR JR came in to force.

Now to susdmehta can u please clarify is it 4yrs or 5 yrs in my case.

Really appreciate ur views

Thanks

Warm regards

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