3 days short of 5 years help -> wp 2 years HSMP 3

akram123 · Post by **akram123** » Wed Jun 15, 2011 11:34 pm

I completed my degree in the UK in 2006. I started working as soon as i finished my studies.

I got my workpermit on the 15th of August Leave to remain in the passport was granted on the 8th of Sept 2006 to 7th Sept 2011. I then applied for as a Tier 1 General migrant which was granted from the 5th of September 2011- 2nd of September 2011 ( First Friday of September 2011).

Given that 3rd and 4th are Sat and Sunday, i am 3 days short.

1) Does my 5 years start from the date my workpermit was issued or is it from the day leave to remain in my passport was granted ?

2) do i really have to apply for an extension for 3 days ! ( 5th- 7th) ?

3) can i apply through a PEO on the 1st of September ?

4) can i apply by post as it says that my current leave will continue until i receive my new visa ( assuming it will take over 3 days).

I do not get the FAQ answer or the 3 month rule

Q - My current leave as economic migrant expires before I complete the qualifying residential period. Can I apply for ILR?
A - In general you need to arrange another visa before you can apply for ILR to complete required residency period. But, if you delayed your entry in UK by (at most) 3 months from date of issue of entry clearance and fall short of completing the residential qualifying period due to delayed entry in the UK, then one may apply for settlement before the current leave expires.

Any help Greatly appreciated

Post by **geriatrix** » Thu Jun 16, 2011 12:25 am

1. Assuming your current Tier 1 (General) leave expires on 02-Sep-11, then you are 5 days short (8-Sep-11).
2. Under current directions, you should apply for an extension before your leave expires. However, if they haven't decided by the time you are eligible for ILR, then you may vary your application to ILR.

The FAQ question you quote doesn't apply to you as you switched categories from WP to Tier 1 (Genera).

Post by **geriatrix** » Thu Jun 16, 2011 1:34 am

akram123 wrote:1) Does my 5 years start from the date my workpermit was issued or is it from the day leave to remain in my passport was granted ?

The very first question in the FAQ topic!

akram123 · Post by **akram123** » Thu Jun 16, 2011 9:06 pm

However, if they haven't decided by the time you are eligible for ILR, then you may vary your application to ILR.

Do you think its a risk worth taking ? As on average it takes around 3-5 days to take payment .

Post by **geriatrix** » Fri Jun 17, 2011 2:28 pm

It is your choice - whether you wish to apply for settlement after you have been granted extension or whether you wish to vary an extension application to settlement application before a decision (on extension application) is made.

sarath1212 · Post by **sarath1212** » Fri Jun 17, 2011 3:06 pm

sushdmehta wrote:It is your choice - whether you wish to apply for settlement after you have been granted extension or whether you wish to vary an extension application to settlement application before a decision (on extension application) is made.

Does this mean the 28 day period no more applicable??

Thanks,
R

Post by **geriatrix** » Fri Jun 17, 2011 5:41 pm

Sarath1212, thanks for highlighting the obvious ... that I clearly missed.

akram123, assuming that the Tier 1 (General) application was submitted in the UK then you should be able to apply for settlement between 11-Aug-11 and 02-Sep-11.

Apologies for giving you two days of (unnecessary) stress!

akram123 · Post by **akram123** » Sat Jun 18, 2011 12:15 am

My initial thoughts were that if i sent a postal application and it took more than 5 days to make a decision i would have passed the 5 days i need, taking advantage of ' your immigration status will continue when we are making a decision on your application'

Doesnt the 28 days apply to those who would eventually complete the 5 year period ?

Also can i apply through a PEO rather than post 0-28 days before ?

Appreciate a response.

osteophytes · Post by **osteophytes** » Sat Jun 18, 2011 1:57 pm

akram123 wrote:My initial thoughts were that if i sent a postal application and it took more than 5 days to make a decision i would have passed the 5 days i need, taking advantage of ' your immigration status will continue when we are making a decision on your application'

Doesnt the 28 days apply to those who would eventually complete the 5 year period ?

Also can i apply through a PEO rather than post 0-28 days before ?

Appreciate a response.

You can apply in PEO. Ring them asap to make an appointment. Apply in person - always better. You can apply 28 days before you complete the 5 year duration. I have never heard about the "eventual 5 yr" requirement

akram123 · Post by **akram123** » Sat Jun 18, 2011 9:36 pm

Thanks for all of your replies, what i meant to say is that i will not be completing 5 years. Which is one of the requirements. Doesnt the 28 days apply to those who will complete 5 years.

I was thinking of applying by post so if they take atleast a week to make a decision my current immigration status will continue and will eventually complete 5 years, satisfying the requirement.

I really thank all of you for your guidance, i just cannot afford to pay for the extension ( Â£1500 dep and Me) just for 5 days.

Thanks

Post by **geriatrix** » Sun Jun 19, 2011 8:52 pm

You may apply either in-person or by post - your choice. Like I mentioned above, you may apply for settlement any day between 11-Aug and 02-Sep.

akram123 · Post by **akram123** » Tue Jun 21, 2011 11:21 am

Thanks for this, sushdmehta

My issue is that i do not complete the required 5 year period which is a condition. 8th Sep- 2nd Sep.

Doesnt the 28 days apply to those who would complete 5 years ?

I am sorry for being Naive , or have i misunderstood something ?

Appreciate your help and i promise i wont bother you again.

akram123

Post by **vinny** » Tue Jun 21, 2011 12:52 pm

sushdmehta wrote:You may apply either in-person or by post - your choice. Like I mentioned above, you may apply for settlement any day between 11-Aug and 02-Sep.

akram123 · Post by **akram123** » Thu Aug 18, 2011 10:28 pm

Hi All i just wanted to thank all of you for your advice, my ILR was granted today at Solihull, however i had added my wife as a dependent , though she had not completed 2 years in UK. They requested me to apply for my wife under FLR ( M) category.

The following were reuested:

Workpermit letter copy
12 months bank statements
12 months payslips
Letter from employer.
Life in the UK test results.

Interview took around 30 mins( 10 mins for me to get the bank statements in chronological order). Came back in an 1:15 , passport was ready for collection.

An important point to note is that if the bank accounts are a joint account both parties ( holders of the joint account) need to sign the relevant section on the application form.

chosenaik · Post by **chosenaik** » Fri Aug 19, 2011 8:56 am

Hi Akram, were you asked for a copy of your "Original Work Permit", i.e. the paper copy? OR Was the visa stamp in your passport (along with the UK Airport entry stamp showing date of entry) sufficient.

Thank you and congrats!

akram123 · Post by **akram123** » Fri Aug 19, 2011 11:38 am

chosenaik wrote:Hi Akram, were you asked for a copy of your "Original Work Permit", i.e. the paper copy? OR Was the visa stamp in your passport (along with the UK Airport entry stamp showing date of entry) sufficient.

Thank you and congrats!

He asked me when was the workpermit granted, i told him the date and gave him the letter. He had my visa with the stamp on it. I dont think its necessary at all. Make sure you have 12 months bank statements, with payslups.

genious · Post by **genious** » Fri Aug 19, 2011 5:19 pm

if you are on WP then your dependents can apply for ILR regardless of their time spent in uk. 2years rule don't apply to them. why did they requested to stamp flr?

akram123 wrote:Hi All i just wanted to thank all of you for your advice, my ILR was granted today at Solihull, however i had added my wife as a dependent , though she had not completed 2 years in UK. They requested me to apply for my wife under FLR ( M) category.

The following were reuested:

Workpermit letter copy
12 months bank statements
12 months payslips
Letter from employer.
Life in the UK test results.

Interview took around 30 mins( 10 mins for me to get the bank statements in chronological order). Came back in an 1:15 , passport was ready for collection.

An important point to note is that if the bank accounts are a joint account both parties ( holders of the joint account) need to sign the relevant section on the application form.

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