ILR

[Freek]

Could anyone tell me should I apply for ILR?
My situations is
I had HSMP from 03/01/2007 to 03/01/2009 and I had applied for tire 1 (genral) one visa in UK in Dec 2008 and my application was refused because of bank statement (I got passport in Feb 2009), at the same time my wife was not well in India I had to go to India and made application as soon as I went in March 2009. They again rejected my application because of bank statements, and I repplied again and got tire 1 visa in July 2009.
my HSMP was from 03/01/2007 to 03/01/2009 and my tire 1 visa is from Jully 2009- July 2012.

I would be completing 5ys period 03/01/2012, with this situation- I was in India from March2009-July 2009 waiting for my passport and visa application results-----------with this situation am I eligible for ILR or shoud I have to go for Tire 1 again.
I am currently working in UK as self employed.
Reply much appreciated
Thanks

[geriatrix]

5 years from the date you entered UK as Tier 1 (General) migrant in 2009.

[Freek]

5 years from the date you entered UK as Tier 1 (General) migrant in 2009.

I had following visa- chronology of events

03/01/2007-03/01/2009-HSMP

Dec 2008 applied for tire 1 in Uk

(refused because of bank statements, got passport in feb2008, and I left UK in March before leave to remain expired)

March 2009-applied for visa in India

June 2009 refusal letter-same reason
June 2009 Reapplied
July 2009 -got Tire1

July 2009-July2012-Tire 1

so I had HSMP Jan2007-2009 and made 3 application (March-June 2009)-July 2009-july 2012 tire 1 visa.

I applied Dec 2008 for tire 1 visa which was refused because of bank statements and I got passport in Feb2009, I left UK March 2009 before leave to remain expired and applied for tier 1 in India in March 5th and embassy took till June 2009 to make decision and again refused for same bank statements, I applied again in June and got my entry clearance in July 2009.

With this scenario can I apply for ILR in Jan 2012.

Thanks.

[BigSam]

5 years from the date you entered UK as Tier 1 (General) migrant in 2009.

I had following visa- chronology of events

03/01/2007-03/01/2009-HSMP

Dec 2008 applied for tire 1 in Uk

(refused because of bank statements, got passport in feb2008, and I left UK in March before leave to remain expired)

March 2009-applied for visa in India

June 2009 refusal letter-same reason
June 2009 Reapplied
July 2009 -got Tire1

July 2009-July2012-Tire 1

so I had HSMP Jan2007-2009 and made 3 application (March-June 2009)-July 2009-july 2012 tire 1 visa.

I applied Dec 2008 for tire 1 visa which was refused because of bank statements and I got passport in Feb2009, I left UK March 2009 before leave to remain expired and applied for tier 1 in India in March 5th and embassy took till June 2009 to make decision and again refused for same bank statements, I applied again in June and got my entry clearance in July 2009.

With this scenario can I apply for ILR in Jan 2012.

Thanks.

Hi Freek,

The information you provided seems to be contradicting itself, please see above underlined information and elaborate.

From what I can see, it appears that you continues residence has been broken and sushdmehta is right, you will need to count again from 2009 unless the information you provided was meant to say something else.

Thanks

[jami]

If you applied for Tier 1 in India in June 2009 under Para 44 of HSMP JR Policy Document of 2008 than all the period between two leave spent in India would be treated as leave towards ILR as per Para 50(b). Hence you have continuous stay in UK for ILR in 2012.
One should give complete facts.

[Freek]

5 years from the date you entered UK as Tier 1 (General) migrant in 2009.

Thanks for reply- I have explained it bit more, if you need any information please reply.

I had following visa- chronology of events

03/01/2007-03/01/2009-HSMP

Dec 2008 applied for tire 1 in Uk ( My application was refused because of bank statements copies, got passport from home office in Feb 2009 (sorry previously I mentioned as feb2008!) and refusal letter mentioned that I have to leave to remain till March 2009 I have to leave this country before that or I can go for appeal, I did not go for appeal because I had family problem in India so I had leavet UK in March 2009 before leave to remain expired) and

5th March 2009-applied for visa in India

June 2009 refusal letter from UK embassy (India)-same reason
June 2009 Reapplied
July 2009 -got Tire1
(so My passport was with embassy in India from March 2009-June2009)
July 2009-July2012-Tire 1

so I had HSMP Jan2007-2009 and made 3 application (March-June 2009)-July 2009-july 2012 tire 1 visa.

IS IT CLEAR NOW, PLEASE HELP ME.

_______________________________________________________


I had following visa- chronology of events

03/01/2007-03/01/2009-HSMP

Dec 2008 applied for tire 1 in Uk

(refused because of bank statements, got passport in feb2008, and I left UK in March before leave to remain expired)

March 2009-applied for visa in India

June 2009 refusal letter-same reason
June 2009 Reapplied
July 2009 -got Tire1

July 2009-July2012-Tire 1

so I had HSMP Jan2007-2009 and made 3 application (March-June 2009)-July 2009-july 2012 tire 1 visa.

I applied Dec 2008 for tire 1 visa which was refused because of bank statements and I got passport in Feb2009, I left UK March 2009 before leave to remain expired and applied for tier 1 in India in March 5th and embassy took till June 2009 to make decision and again refused for same bank statements, I applied again in June and got my entry clearance in July 2009.

With this scenario can I apply for ILR in Jan 2012.

Thanks.

Hi Freek,

The information you provided seems to be contradicting itself, please see above underlined information and elaborate.

From what I can see, it appears that you continues residence has been broken and sushdmehta is right, you will need to count again from 2009 unless the information you provided was meant to say something else.

Thanks

[geriatrix]

When did you apply for HSMP approval - before 07-Nov-06 or after?

[Freek]

When did you apply for HSMP approval - before 07-Nov-06 or after?

I had applied for HSMP on 5th December 2006 and I got approval letter on 18th December 2006.

Thanks

[geriatrix]

Then the following does not apply to you:

If you applied for Tier 1 in India in June 2009 under Para 44 of HSMP JR Policy Document of 2008 than all the period between two leave spent in India would be treated as leave towards ILR as per Para 50(b). Hence you have continuous stay in UK for ILR in 2012.

And my original response stands:

5 years from the date you entered UK as Tier 1 (General) migrant in 2009.

[Freek]

Then the following does not apply to you:

If you applied for Tier 1 in India in June 2009 under Para 44 of HSMP JR Policy Document of 2008 than all the period between two leave spent in India would be treated as leave towards ILR as per Para 50(b). Hence you have continuous stay in UK for ILR in 2012.

And my original response stands:

5 years from the date you entered UK as Tier 1 (General) migrant in 2009.

HI,
If I am not eligible for ILR, Is it possible for me to apply for tire 1 visa extension now itself rather than waiting till July 2012 (untill then I have tire 1 visa)- at least I would be having tire 1 for onother 2 and half year.

Reason is they have alredy closed fresh tire-1 visa and I dont know what they are going to come up with changes in April 2012. As I am not keen on ILR as I will be leaving UK in 2years time.

Thanks

[BigSam]

If I am not eligible for ILR, Is it possible for me to apply for tire 1 visa extension now itself rather than waiting till July 2012 (untill then I have tire 1 visa)- at least I would be having tire 1 for onother 2 and half year.

Hi Freek,

There is no requirement for you to wait until July 2012 to apply for the extension, if you meet the extension criteria now, there is nothing stopping you from applying. Please see below extract from the Guidance Notes (Page 8 of 33):

We encourage applications to be made at least a month before the applicant’s extant (still existing) leave expires. Applicants should note however that if the application is made signifi cantly earlier than one month before the expiry of their leave, there is a risk of a shortfall in the required period of leave should they subsequently make an application for settlement. This is because any further leave to remain (for example Indefi nite Leave to Remain or Settlement) is granted from the date that we make the decision, not the date the applicant’s extant leave expires.

It is worth noting that you will granted an extension for two years and not two and a half years as you think, the extension will run in parallel to the existing Leave you have meaning you will be given an additional two years from when your application is successful (Please refer to page 6 of the same Guidance Notes above).

Hope this helps.