10 days shortfall to apply ILR

[sudsa]

Hi

I was granted HSMP from 13th Oct 2006 to 13th Oct 2008.But when I applied for extension , I got 'Tier(1) - General' from 3rd Oct 2008 to 3rd Oct 2011. It should supposedly have started from 13th not 3rd and seems a mistake by the case worker.Now I am about to apply for ILR before the expiry of the current permit but there is a shortfall of 10 days to the 5 year qualifying period to ILR.

I spoke the Homeoffice general enquiries and they adviced me two options
1) send the passport to Homeoffice and fix the error but he could not promise the time they will return the passport
2) Write a covering letter addressing the issue while making application for ILR.

Has anyone come across this issue ? I am not sure how long the home office will take to reissue the VISA. Or I dont need to worry and go ahead make an application for ILR ? can someone advice me plz...

[Lucapooka]

I'm sure you will be fine with the suggestion of the UKBA but, additionally, there is the opportunity to apply 28 days before the end of the five year period and/or to add any time spent in a delay of entry (up to 3 months from date of issue to date of entry). That is, if you entered the UK with HSMP in 2006 rather than switched into that from another category from inside the UK.

[xyz123]

Hi

I was granted HSMP from 13th Oct 2006 to 13th Oct 2008.But when I applied for extension , I got 'Tier(1) - General' from 3rd Oct 2008 to 3rd Oct 2011. It should supposedly have started from 13th not 3rd and seems a mistake by the case worker.Now I am about to apply for ILR before the expiry of the current permit but there is a shortfall of 10 days to the 5 year qualifying period to ILR.

I spoke the Homeoffice general enquiries and they adviced me two options
1) send the passport to Homeoffice and fix the error but he could not promise the time they will return the passport
2) Write a covering letter addressing the issue while making application for ILR.

Has anyone come across this issue ? I am not sure how long the home office will take to reissue the VISA. Or I dont need to worry and go ahead make an application for ILR ? can someone advice me plz...

Were you out of UK when ur first HSMP was granted? If so what date did you enter the UK on that visa?

[sudsa]

Thanks Lucapooka.

That 28 days is before the end of the 5 year period of stay only. In my case I am completing 10 days short of 5 years. The ILR case worker may well say I am not qualified as that 28 days is only for those who are about to complete 5 years ?

How long'd they take to reissue the 10 days visa if I send my passports today ? Is it recommended as I have just little over a month for the expiry of that visa as well as to make an application for ILR.Very confused ! Is there any team dealing with this incorrect VISA periods ?

@xyz123 - I entered into UK 25th Oct 2006 , 12 days since the issue. But I think that doesnt really be an issue as the UKBA can count from the date of issue ie., 13th Oct towards the 5 year qualifying period

[vinny]

You should not have a problem. 

You may apply for ILR from Tuesday, 27 September 2011 and before your leave expires (without relying on further discretion).

[sarath1212]

Thanks Lucapooka.

That 28 days is before the end of the 5 year period of stay only. In my case I am completing 10 days short of 5 years. The ILR case worker may well say I am not qualified as that 28 days is only for those who are about to complete 5 years ?

How long'd they take to reissue the 10 days visa if I send my passports today ? Is it recommended as I have just little over a month for the expiry of that visa as well as to make an application for ILR.Very confused ! Is there any team dealing with this incorrect VISA periods ?

@xyz123 - I entered into UK 25th Oct 2006 , 12 days since the issue. But I think that doesnt really be an issue as the UKBA can count from the date of issue ie., 13th Oct towards the 5 year qualifying period

As stated by Lucapooka, you should be ok with applying in 28 days window.Even you're short of 10 days you have 18 days window to apply for ILR.I don't see any issues in your case. Otherwise pls provide your date of first entry to this country from there it should be 5 yrs.not from the Entry clearance.

[sudsa]

Plz find the details:

Date of entry:25th Oct 2006
HSMP : 13th Oct 2006 - 13th Oct 2008
Tier1 extension : 03rd Oct 2008- 03rd Oct 2011

The homeoffice general enquiries representative agreed it may become an issue and my application for ILR may be rejected because of this 10 days shortfall. Thats why I became concerned and How can I assume that representative might be wrong ? (if that 10 days is not a big problem)

Eventhough he gave me these two options saying it is upto me to give a try. He couldnt confirm how long it may take If I send my passports for further discretion and therefore I might miss the date to apply ILR.

He gave me a address to post my passports for 10 days discretion but there is no phone numbers or details of a team which will make me to track.

[sarath1212]

Plz find the details:

Date of entry:25th Oct 2006
HSMP : 13th Oct 2006 - 13th Oct 2008
Tier1 extension : 03rd Oct 2008- 03rd Oct 2011

The homeoffice general enquiries representative agreed it may become an issue and my application for ILR may be rejected because of this 10 days shortfall. Thats why I became concerned and How can I assume that representative might be wrong ? (if that 10 days is not a big problem)

Eventhough he gave me these two options saying it is upto me to give a try. He couldnt confirm how long it may take If I send my passports for further discretion and therefore I might miss the date to apply ILR.

He gave me a address to post my passports for 10 days discretion but there is no phone numbers or details of a team which will make me to track.

IMHO there is no issue with your case as you can apply on or after 29/Sep/2011 (considering 28 days period).

[junesun]

hi, I am in a similiar situation.
Do you mind keeping me updated on your progress?

Thanks.

[sudsa]

Hi Junesun,

I am not sure you have seen my recent post.

http://www.immigrationboards.com/viewto ... 66c13902dc

The update is - I was not asked any Question in particular towards the Qualifying period for 5 yrs. The Settlement VISA also starts from the date of PEO appointment ( not from the date when I become qualified). This may not be the case with all.

So my take is as long as we have a valid VISA at the time of applying it should be OK. Hope this helps

[junesun]

Hi sudsa and All,

first of all, congratulations! and many thanks for your comments. Did you write your cover letter to explain the reason of shortfall?

I have read quite a lot regarding this issue, I don't think I am alone. the general answer is if I am sending this by post just before my visa expired, I should be fine. However, my worry is, I have heard a lot stories that people end up with waiting for many many months. Some experienced people recommend to apply in person, as long as the shortfall of qualifying period is less than three months(sorry, I only found documents regarding this for work permit visa,where a lot of people didn't entry UK straightaway after work permit has been granted, but I could not find other reference for tire 1).

I hope this will help. I shall test this as well next year...
Let me know if you got any luck regarding this.

[sudsa]

No. I didnt attach any covering letter as I applied in PEO and there is no point in having it.

One of my friend entered into UK 70 days later since the start date of his HSMP VISA. He got ILR last month. That 3 months window is for all - WP , Tier1 or HSMP

[junesun]

thanks. that's excellent news!

Congratulation to you and your friends!



And hope the policy will not change when I apply...

[yousuf]

hello Susda,
Congrats for your ilr. I also follow the same category. can you please share or let me know which PEO you have booked and got the ILR success.

Regards,
Yousuf

[geriatrix]

Finally got the Settlement in Croydon PEO.