Tier 1 extension or ILR

[Chakri]

Hello all,

I was granted HSMP visa on 27th March 2007 for 2 years and I entered UK on 10th June 2007.
I was granted my visa extension for 3 years in March 2009.
My visa will be expiring in March 2012.

Am I eligible to apply for ILR in March 2012(entered UK after 75 days visa got issued)

Would like to know if there is anyone in the same situation and successfully received ILR.

Thanks in advance

Chakri

[ssvgopal]

There is a grace period of 3 months that the case worker is allowed to permit, in considering the continuous 5 yrs period in the UK.

Taking this into consideration, and since you've let go of the 74 days from the leave you were permitted(by arriving in the UK on 10 June 2007),

you still can technically qualify for ILR, and assuming your current leave expires on 27 March 2012(which you didn't explicitly mention), if :
- if you apply 15 days before your current leave expires(i.e., between 13 March 2012 and 27 March 2012).

Pls note you won't qualify for ILR if you apply before 13 March 2012.

Hope this helps.

[jd]

Why 13th of March?

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.

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

[Chakri]

Thanks ssvgopal.

I am just worried about the "may" clause which they have mentioned in the guidance

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.

I was just wondering if there are any body who are in the same situation as I am. Is it worth taking a risk of paying the ILR fee and then the case worker says that I am not eligible...

Thanks in advance

chakri

[/quote]

[cars2fly]

On a similar note, is there an email id where we can drop a query to UKBA to find the correct interpretation of above document?

[vik_mad]

Pls note you won't qualify for ILR if you apply before 13 March 2012.

I disagree with your above statement, i have queried with the solicitors and they have confirmed that you can apply 28 days before the end of your 5 year qualifying period which is the end of your visa i.e 27/03/2012 assuming you landed in the UK within 3 months of EC.

I am in the same situation however due sometime in May'12 and came to the UK 33 days after my EC.

tks,

[skano]

Which date is the entry clearance date - valid from on the visa or date on which WP was issued or something else?

[nnj10]

Which date is the entry clearance date - valid from on the visa or date on which WP was issued or something else?

Date of entry clearance is the date the first Visa (Entry Clearance) was granted to an applicant.

[skano]

Hi nnj10

When work permits were being issued (earlier name for Tier2-ICT), there used to be a authorization document.

That document has a date of 11-Apr-07. Based on that document visa was stamped in the passport having a start date of 11-May-07.

So which one should I consider as the EC date?

[nnj10]

Hi nnj10

When work permits were being issued (earlier name for Tier2-ICT), there used to be a authorization document.

That document has a date of 11-Apr-07. Based on that document visa was stamped in the passport having a start date of 11-May-07.

So which one should I consider as the EC date?

Skano,

I don't know exactly about WP route.
But with similar analogy, my HSMP approval letter (akin to you WP authorisation letter) was issued to me in March but I got my entry clearance in my home country in April.

So I would still say Date of entry clearance is the date the first Visa (Entry Clearance) granted to an applicant, i.e. the date mentioned in your EC in your passport.