Query - 3days short of ILR - HSMP (2Years) + Tier1 (3years)

[keshav80]

Hello friends,
Please can you advise me on this.

Am I eligible for ILR on 5th April 2012 as I am 3 days(3rd May 2007 to 30th April 2012) short of the 5 year period.

I got my HSMP while I was on the Science & Engineering Graduate Scheme(SEGS) Visa in UK.

SEGS Stamping - 7th June 2006 to 7th June 2007
HSMP Approval Letter - 27th March 2007
HSMP Stamping - 3rd May 2007 to 30th April 2009
Tier1 Stamping - 14 May 2009 to 30th April 2012

Has anyone have come across a similiar situtation like me?

Thanks in advance.

Keshav.

[linkers]

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

[keshav80]

//In some cases, applicants may have been granted five years continuous leave, but due to delayed travel 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.//

Thanks Linkers. But the above document says, it is valid for people who have delayed entry to UK.

My doubt is, as I am falling short of five year Visa, should I apply for Tier1 extn and then apply for ILR.

Thanks in advance.

[linkers]

Your 5 years complete on Thursday, 3 May 2012 but your visa is expiring on 30th Apr 2012.

I am sure the case worker will use discretion in your case as you were already in UK before switching to HSMP (even though that time doesn’t generally count but it could be considered).

I will suggest you speak to an immigration consultant too.

[hsmpengineer]

Hang on a second, your 5 yrea qualifying period ends 3rd of May 2012 but since you are allowed to apply 28 days before the end of the qualifying period why are you worried? i dont get it at all

[tkk2011]

Hello Forum,

I have got a very similar situation as the one described in the post. The levergae to apply 28 Days before is provided your visa shows 5 Year validity. I mean UKBA has just provided a facility to apply 28 Days before.

Can we assume that even though the visa is falling short of 5 Years, you could successfully apply for ILR.

Regards
Tushar Kansara

[nnj10]

Can we assume that even though the visa is falling short of 5 Years, you could successfully apply for ILR.

Not really, unless it is at the discretion of case worker in any eligible category.
If you have visa for less than 5 years (assuming main applicant under T1G) you are most likely to be refused for ILR (Unless HSMP JR or any other category with lower residency limit)

[ban.s]

HSMP Stamping - 3rd May 2007 to 30th April 2009

did you enquire with UKBA why you were given less than 2 yr leave during your first HSMP?

[tkk2011]

Hi

My Work Permit got stamped on 10th Sept 2007.

I arrived in UK on 16 Sept 2007. (with a 2 month work permit. Subsequently, I was given a 5 Year Work Permit valid upto Dec 2012)

But, I applied for Tier 1 Visa in Between and Tier 1 Visa is valid upto 02 Sept 2012.

So I am falling short of 8 Days for 10 Sept 2012 (5 Years from Stamped Date) and 16 Days for 16 Sept 2012 (5 Years UK Arrival Date) when I should get eligible for ILR.

I had queries because UKBA allows applying 28 Days in advance before your current Leave to Remain Expires.

So I was thinking whether I should apply after 18 Aug directly for ILR (taking PEO Appointment) or It is not worth trying and I should apply for Tier 1 Extension.

Regards
Tushar Kansara

[y.pango]

I had the *same* problem which took me almost a year to get answers; expiring exactly 4 years & 11 months.
The answer is yes, you can apply for ILR...
My situation and letters are detailed here:
http://pangosworld.blogspot.co.uk/2012/ ... onths.html