URGENT:5 years qualifying period calculation for ILR

[rp]

Hi,

I came to UK on HSMP and then it became Tier1(Gen) after 1st extension. My question is whether I am elligible for applying for ILR? I want to talk to somebody who received ILR in last few weeks.

my hsmp letter qualifies for 2+3 years judicial review category. it was between 3rd april 2006 and 7th nov 2006

HSMP Visa date: 19th sept 2006 (for 2 years)
Entered UK : 1st Nov 2006

extended visa as per HSMP Judicial review (for 3 years)
untill 19th sept 2011

Was out on holidays during my stay in uk for total 6 weeks.

Do I full my qualifying period.
I know similar question has been asked.
I found this new PDF document
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

When I made call to settlement telephone number, I got varied response. Twice they said I do qualify and somebody yesterday said no 4 years 11 months.
Advices from friends also are mixed.
I have appointment next week and now I am frustrated what to do.

I want to talk to a person who has gone through in my situation recently (ideally in few weeks)

[gidoc]

Entered UK : 1st Nov 2006

extended visa as per HSMP Judicial review (for 3 years)
untill 19th sept 2011

Its not confusing if you apply the rules correctly

ILR clock start- 1st Nov 2006
ILR clock end-1st Nov 2011

Can apply for ILR 28 days before, hence wef 3 rd October 2011

However, under the rule as below

Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but will not have spent five 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 five years, provided this period was not longer than three months.

Reset ILR clock- HSMP Visa date: 19th sept 2006
ILR eligible- 5 yrs- 19th sept 2011

Hence apply on 19/09/11 or 28 days earlier.

[rp]

Is there anybody who is in my situation? I want to know how they did application.

[pskhanuja]

rp,

Please refer to following link

http://www.immigrationboards.com/viewto ... start=80


Regards,
P S K

[rp]

Hi, pskhanuja

My problem is that I can not send letter for asking to extend my visa for 6 weeks and so I can apply for ILR later. I have appointment next week. I want to talk to people who did ILR application without going for 2nd extension or extending visa for 2 months. do you know somebody?

[pskhanuja]

RP,

You can still send passports without sending the letter first. In my case the passports came back in 24 days. I do understand that you still wont take that risk because of time constraints.

During my ILR interview, the caseworker did ask me about dates amended on my visa. Before I could explain it to her, she got confirmation through some note left on my records.

Given the time constraint, I think the best option for you is to go for ILR next week on 3 months criteria - Risk of getting it refused is there but once refused you still will have enough time to send your docs for 2nd extension.

Regards,
P S K

[zahid.ali.anwar]

Dear RP

You are worrying to much.

The rules for ILR are same for work permit holders and Tier 1.

The under mentioned link is from a guy who recently got his ILR, and having 64 days short between Visa and entry date. The post is self explainatory.

http://www.immigrationboards.com/viewtopic.php?t=84602

I hope this should take you off from this fear factor.