ILR - 90 days Rule

[Adojay]

Hi All,

I obtained HSMP in November 2007 and arrived the UK 16th January 2008. However, my family (dependants) joined me here in 16 March 2008. I have long applied for extension which is dated 14th December 2009.

The problem we have is that we have several months gap between when visa expires (14th December 2012) and when we exactly complete 5 years, with mine being 16th Jan 2013 and my dependants, 16th March 2013.

I have read on this forum that there is a discretionary 90 day rule which enables us to apply for ILR even when we have not exactly completed 5 years. While I have 32 days gap between when extension expires and when I first arrived, my dependants have 91 days (15th December 2012 to 16th March 2013).

I plan to apply for ILR together with that of my dependants. Does it mean that because they are one day over the 90 days, I would have to apply for extension for them (or us) first before applying of ILR. This would really cost us loads. Secondly, must we have to apply 28 days before expiration of the visas, or can we apply on or before 14th December 2012 (expiration date).

I have tried to simplify this the best I can. Please can anyone help me with possible solutions.

Regards

[geriatrix]

I obtained HSMP in November 2007 and arrived the UK 16th January 2012.

So you haven't yet arrived!!
Was it supposed to be 16-Jan-2008? And if so, you won't complete 5 years in January 2012 but the year after (2013).

Anyhow, the entry date of dependants doesn't matter (also, the requirement for them (dependant(s)) is to complete 2 years stay in UK before applying for settlement, not 5). As for you (main migrant), since you arrived within 3 months of the entry clearance being issued, under current directions, apply for settlement before expiry date of your leave and request consideration of application in line with the following:

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.

And if, at the time of settlement application, the dependant(s) fulfil the immigration requirements, include them in your settlement application.

[Adojay]

I obtained HSMP in November 2007 and arrived the UK 16th January 2012.

So you haven't yet arrived!!
Was it supposed to be 16-Jan-2008? And if so, you won't complete 5 years in January 2012 but the year after 2013.

Anyhow, the entry date of dependants doesn't matter (also, the requirement for them (dependant(s)) is to complete 2 years stay in UK before applying for settlement, not 5). As for you (main migrant), since you arrived within 3 months of the entry clearance being issued, under current directions, apply for settlement before expiry date of your leave and request consideration of application in line with the following:

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.

I have amended my initial message to correct the errors in the dates you spotted out. Do you mean I apply first before them or do you simply mean we should make sure we apply within 28 days of leave expiration.

[geriatrix]

And if, at the time of settlement application, the dependant(s) fulfil the immigration requirements, include them in your settlement application.