Diff between entry date and visa date when applying for ILR

[kanayo]

Hi,

I have a situation whereby i got my HSMP in 2007 and was granted visa to come into the UK. The date on my visa was from 11th Dec 2007 but i eventually entered the country February 26th 2008. I have subsequently renewed and was granted a further 3 years which expires by 11 Dec 2012 after which i should be thinking of applying for ILR. But then there goes my problem. Based on the date i got into the country i will actually be due for ILR from 26th of February 2013. But my visa ends on the 11th Dec 2012. So i have got roughly 2 months gap.

So do i need to renew again to cover the 2 months gap or can it be overlooked? Has anybody found themselves in such situation before? Any help would be greatly appreciated.

Thanks

[geriatrix]

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

[kanayo]

Thanks for your reply.

Looking at this excerpt from the FAQ section:

"Q - My current leave as economic migrant expires before I complete the qualifying residential period. Can I apply for ILR?
A - Under current directions you must apply for extension before your current leave expires. The only exception to this, as per UKBA guidance, is 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. In such case one may apply for settlement before the current leave expires. "

Must there have to be a valid reason for the delay or is it so long as you did not delay your entry by more than 3 months then you are eligible?

In my own case, i delayed by about 2 months does that mean i can go ahead and apply for ILR from the date my visa expires?

Many thanks.

[geriatrix]

Must there have to be a valid reason for the delay

No.

does that mean i can go ahead and apply for ILR from the date my visa expires?

Yes, but not "from the day my visa expires" but "before my visa expires".

[kanayo]

Thanks a lot. Much appreciated.

[devmanda1ia]

Can anyone please confirm if this '3 month gap' is a rule or case worker's discretion?

[vinny]

It's part of the caseworkers' guidance and instructions.

[dehjet]

is this upto 3 months delay for the first entry from the visa stamp counted against our 180 day outside the country allowance? i mean are we counting the days outside the country starting from first entry to uk or from the time visa stamped on the passport?

[devmanda1ia]

dehjet

As far as I know the 180 day absences are only couted from the first entry in the Uk and not from the visa stamp.

Vinny

Thanks for the link. But I have read cases where case workers were not aware of this '3month' consideration and refused ILR. That is why it makes me think if it is only at the discretion of the case worker or by law they are obliged to consider the gap up to 3 months?

Thanks,

[vinny]

Thanks for the link. But I have read cases where case workers were not aware of this '3month' consideration and refused ILR.

Quote the instructions so that the caseworker is aware of it.

[kanayo]

I guess when i am aplying, i will have to get a lawyer to look through or even get the lawyer to handle the application.

[linkers]

I don’t think so you can pay by a normal personal cheque. It has to be a banker’s draft.

You can also pay by debit or credit card, but you need to inform your bank a night before (and also on the morning of appointment to be on the safe side) that you are going to make a large transaction.