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Hi Mate,ruthie wrote: according to the conversation between hsmpforum and home office, we had our visa date of expiry corrected to Dec 17 2011 successfully, which is the date we complete 5 years of residence for ILR based on the old rule.
Hi Anoop,a4anoop wrote: Hi Mate,
Though from new guidance it looks that you are eligible to apply on 1 sept 2011 but i would suggest to wait till dec for ILR application, it will keep your apllication less complex.
Can I ask you something about the visa expiry correction you mentioned.
How did it happened, was that they first stamped your passport till sept 2011 and than you got it corrected later till dec 2011.
I have similar situation, but I dont have the correction on my passport yet. It is still having the validity till dec 2011 where as i entered in UK on 15th march 2007 as I had 3 month delay in entry clearance adn entry in UK.
Thanks
Anoop
Annex B wrote: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.
thanks mate... I was also going thru similar threads in forum after knowing about correction thing... and found lot of such stories.. so just to be safer side, will send my passport for correction soon.. in my case, the delay also is just over 3 month (just over by 2 days onlya4anoop wrote: Regarding my case, do you think the date of expiry of the current visa will cause complexity of the case? I really feel our case is one of the simplest ever...
I don't see why not. After all, as long as you satisfy the 180 days rule and the 90 days continuous rule within the 5 year period, then it shouldn't matter whether you entered 2 months or 2 days after your visa was granted. However, if you entered late then you will need to make up the days by having less time outside the UK.sushdmehta wrote:Then, shouldn't everyone be allowed to apply for extension 3 months early - irrespective of whether or not they have enough leave to complete the qualifying residential period?
Not sure why everyone else needs to wait until the 28th day before the anniversary of entry / switching.
Could you provide us your timeline?akram123 wrote:The 3 month rule applies when your coming into the country. How about if you were in the country and you are a week short. 5 year workpermit switched to Tier 1 General, they stamped me a week short of 5th year anniversary.
Question is can i send a postal application and if they take over a week to decide on my application that will count towards my current stay. On that basis i complete 5 years. Is this a risk worth taking ?
Appreciate some guidance else ill end up paying £1500 ( me plus dependent) on a extension when i can apply for ILR.
Did you apply for ILR in sep? If yes what's the out come.Please update.ruthie wrote:Thank you very much guys. Really appreciate your help.
I kinda agree with paulmu though that Annex B 2.2 is just a way of saying and doesn't necessarily mean that ILR cannot be granted if current visa is not due to expire shortly in this case. It just doesn't quite make sense because that would mean if I didn't have the visa date corrected, I would be eligible for ILR this Sept? AFAIK, ILR decision is never made based on the current visa date of expiry in any other cases? Please correct me if I am wrong.
Maybe I will follow a4anoop's idea and give it a try this Sept...