Post
by Kiwi Adam » Sun Jan 15, 2012 1:47 pm
Hi there,
I originally came into the UK on an HSMP visa that was valid from 30 May 2008. I didn’t actually enter the UK until July 31 (ie 2 months and 1 day later). I got it extended under Tier 1 in 2010 which will expire on 30 May 2013.
Having a look through the Home Office website it appeared at first that my only option at May 2013 would be to extend my Tier 1 visa (again) because I wouldn’t have been here the four years and eleven months needed to qualify for ILR.
One thing that is not clear from the website is how long that second extension is for. Is it a further 2 years?
However, one other thing that I found confusing from the website is the following statement on the ILF caseworker guidance notes:
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Applications that fall short of the five year continuous period:
In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 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 5 years, provided this period was not longer than 3 months.
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This would imply that I ‘may’ qualify for ILR at May 2013 as the date I entered was less than 3 months between entry clearance and the actual date I entered. It is the word ‘may’ that is slightly concerning, though.
Would you suggest I apply for ILR or a further extension under Tier 1?