Settlement : Came to UK after 37 days

[Immigrant06]

Dear all

I got my HSMP visa in dec 2006, and got extension in 2008.

I came to UK after about 37 days after the issuance of VISA. Now 5 years are being completed in dec 2011 but as I came late, Do I need to apply for another extension or I can apply for settlement?

Thanks

[Lucapooka]

Was your extension issued to complete exactly five years of leave? Did you apply to extend earlier that a month before it was due to expire?

[geriatrix]

See FAQs for ILR - WP/Tier 1/Tier 2/HSMP holders

[Immigrant06]

Hello, Thanks.

1) Actually visa was granted in dec 2006 and is up to dec 2011.

2) Now I came to UK after 37 days and in total during these 5 years I have been absent from UK for 290 days. Some days were business trips but not all. Are 290 days OK for ILR application?

3) As I am also self employed, I have been in employment throughout from april 2007 to now.

4) Can I apply for ILR in end of november now?

Thanks.

[Immigrant06]

another question:

WHat's advisable for me either to apply for an extension or for ILR?

[Immigrant06]

initially 2 years, then 3 years

[geriatrix]

Click on the link provided in the response above.

[Immigrant06]

Hi sushdmehta

I have checked that link but still there are few more queries.

1) If I apply for extension, can I use the form FLR Tier 1 (HSMP) as this is my second extension.

2) Do I still need to demonstrate the Earnings, English Language Requirement, and Maintenance requirement?

[geriatrix]

1. Yes.
2. No. Read the form to understand what will be needed.

[s_saini]

Please see the link below...
Might this will help..

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[abiodua]

if you spent 37days after your visa was issued before coming to UK here is the answer


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.

So i believe you can apply for ILR

[osteophytes]

if you spent 37days after your visa was issued before coming to UK here is the answer


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.

So i believe you can apply for ILR

Abiodua is right. See page 4 in this link.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[geriatrix]

Hi my status is as:

1) Got HSMP in nov 2006 and visa from dec 2006 to dec 2008, then got extension as per JR for 3 years up to dec 2011

Now I am planning to apply for ILR but the thing is that I have about 225 absences from UK.

1) I have about 45 days more than allowed. Now I am employee and director of my own company and through out the duration my job was continuous and no break. Am I allowed for the paid annual leaves as I am also director. Now if say 28 PAID annual leaves per annum, then count goes to 83(225-140) which is OK.

2) Should I apply for extension instead of ILR if the above is not possible?

Thanks.

[geriatrix]

The problem, which I suspect that you may face, is that unless you can justify your "business related" absences with adequate evidences (as already suggested in another topic of yours), all your absences may be treated as "absences for personal reasons".

Since self-employed individuals can self-authorize both number and instances of "annual leaves", there is no telling whether a self-employed person has been on "annual leave" for 30 days in a year or for 300!

It will help if you provide adequate evidences for at least some (if not all) of your "business related" absences .. so that the same may be disregarded by a caseworker as absences acceptable under the policy guidance.

IMHO ....

[Immigrant06]

It will help if you provide adequate evidences for at least some (if not all) of your "business related" absences .. so that the same may be disregarded by a caseworker as absences acceptable under the policy guidance.

IMHO ....

Thanks very much.

I had business trips and have strong evidences to prove these but the issue is that count is up to about 20. (total about 45)

1) Do you mean that even if I provide evidence for business trips for 20 days, the rest 25 may be considered as PAID ANNUAL LEAVES?

2) Is it advisable in this situation to apply for ILR or for extension?

Thanks.

[geriatrix]

1. If you provide evidence of 20 absences as "business related", then all other absences may be considered as "absences for personal reasons", rather than "absences on account of annual leaves"! Specially so, if (all or most of) your business trips and annual leaves are to the same country.
2. No one on the forum can tell you for sure ... it is call you have to take based on the circumstances that only you are aware of.

[Immigrant06]

1. For annual leaves, Can I provide a letter from accountant?