5 years - 3 month (instead of 5 years - 28 days)?

[yallow]

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.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Does it mean that it's now 3 months instead of 28 days?

Any experience with this new rule so far?

[[iD]]

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.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Does it mean that it's now 3 months instead of 28 days?

Any experience with this new rule so far?

No, you still have to apply not more than 28 days before you complete your 5 years. Those 3 months can be added to 5 years only towards the gap between EC and your Entry in the UK.

[yallow]

yes, but I did get my initial entry clearance (HSMP visa) 3 months before I actually entered UK and registered with the police.. Does it mean I can now apply 3 months earlier?

Thanks!

[geriatrix]

Post the date on which your visa became effective, your entry date and the expiry date of current leave.

[yallow]

hsmp from 24/10/07 to 24/10/09

entered UK 09/01/08 (police stamp 15/01/08 )

tier 1 general from 10/02/09 to 09/01/13

Can I apply before 12/12/12 ?

PS: I think the ILR rules will be changed again by that time anyway, but it would be good to know.

[geriatrix]

If you want your application to be subject to caseworker discretion, you may apply for settlement before 12-Dec-12 and request for consideration in line with the quoted instruction.

If you do not want caseworker discretion to play a role in the matter, then apply no earlier than 28 days before the 5th anniversary of your entry in the UK as an HSMP migrant (on/after 12-Dec-12, as per your calculation).

Your choice!

[yallow]

Thanks, sushdmehta.

I just expected to see other people's experiences with this new rule. But it's probably far to early to observe. Not that many people tried yet..

[khalidmirza]

Confusing dates (needs brain storming)
HSMP 24/10/07 till 24/10/09
TIER 1 10/2/09 till 09/01/13 How is that possible
Entered Uk 15/01/08. Visa valid till 09/01/13 .How 3 months rule affect you
Please help others with precise details to work out solutions

hsmp from 24/10/07 to 24/10/09

entered UK 09/01/08 (police stamp 15/01/08 )

tier 1 general from 10/02/09 to 09/01/13

Can I apply before 12/12/12 ?

PS: I think the ILR rules will be changed again by that time anyway, but it would be good to know.

[yallow]

Confusing dates (needs brain storming)
HSMP 24/10/07 till 24/10/09
TIER 1 10/2/09 till 09/01/13 How is that possible
Entered Uk 15/01/08. Visa valid till 09/01/13 .How 3 months rule affect you
Please help others with precise details to work out solutions

All my dates are correct. Please explain what is confusing. Entered UK on 09/01/08. Tier 1 valid till 09/01/13.
BUT initial HSMP was granted on 24/10/07. So my question was - can I apply on 24/10/12 or should I wait till 12/12/12 according to the new rules I quoted at the top.

Update -
OK, i've just read this new rule more carefully again -

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.

This rule does not apply to me as my Tier 1 does not expire before 5 year period. So I have to wait till 12/12/12 as before.

[khalidmirza]

Yes You got it bro.
Also please correct the date of your TIER 1 should be 10/02/10 till 09/01/13 as per my opinion. Please cfm if I am wrong. Since your hsmp was till 24/10/09, how come your Tier 1 was dated from 10/02/09. That confused me. Please clear my confusion.

Confusing dates (needs brain storming)
HSMP 24/10/07 till 24/10/09
TIER 1 10/2/09 till 09/01/13 How is that possible
Entered Uk 15/01/08. Visa valid till 09/01/13 .How 3 months rule affect you
Please help others with precise details to work out solutions

All my dates are correct. Please explain what is confusing. Entered UK on 09/01/08. Tier 1 valid till 09/01/13.
BUT initial HSMP was granted on 24/10/07. So my question was - can I apply on 24/10/12 or should I wait till 12/12/12 according to the new rules I quoted at the top.

Update -
OK, i've just read this new rule more carefully again -

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.

This rule does not apply to me as my Tier 1 does not expire before 5 year period. So I have to wait till 12/12/12 as before.

[yallow]

Yes You got it bro.
Also please correct the date of your TIER 1 should be 10/02/10 till 09/01/13 as per my opinion. Please cfm if I am wrong. Since your hsmp was till 24/10/09, how come your Tier 1 was dated from 10/02/09. That confused me. Please clear my confusion.

My tier 1 is valid from 10/02/09 till 09/01/13 (almost 4 years). I applied earlier for extension(after just 1 year on hsmp) as soon as I got enough points. Just to be on a safe side.