Application date - 28 days earlier clause query!

[mghe]

Dear Friends,

I am hoping to complete my 5 year tenure and go for the ILR application this august. I have a small query with regards to the 28 days earlier application cause. Please can anyone help with this?

Initial HSMP Date on VISA : 13th Aug 2007
Date I came to the UK : 17th Sept 2007
Extension on renewal : 13th Aug 2009
Tier 1 expires : 13th Aug 2012.

I am planning to apply by 16th July 2012(28 days earlier as per time and date website) so that I can then apply for my wife`s FLR(M) before hitting the overstay etc. So, since I arrived at a later date on my VISA, can I apply 28 days earlier than my VISA expiry? Please advice.

Thanks,
Deesh

[ilr_hsmp2007]

Dear Friends,

I am hoping to complete my 5 year tenure and go for the ILR application this august. I have a small query with regards to the 28 days earlier application cause. Please can anyone help with this?

Initial HSMP Date on VISA : 13th Aug 2007
Date I came to the UK : 17th Sept 2007
Extension on renewal : 13th Aug 2009
Tier 1 expires : 13th Aug 2012.

I am planning to apply by 16th July 2012(28 days earlier as per time and date website) so that I can then apply for my wife`s FLR(M) before hitting the overstay etc. So, since I arrived at a later date on my VISA, can I apply 28 days earlier than my VISA expiry? Please advice.

Thanks,
Deesh

17th July 2012 on after you are eligible....

[lahore2664]

Dear Friends,

I am hoping to complete my 5 year tenure and go for the ILR application this august. I have a small query with regards to the 28 days earlier application cause. Please can anyone help with this?

Initial HSMP Date on VISA : 13th Aug 2007
Date I came to the UK : 17th Sept 2007
Extension on renewal : 13th Aug 2009
Tier 1 expires : 13th Aug 2012.

I am planning to apply by 16th July 2012(28 days earlier as per time and date website) so that I can then apply for my wife`s FLR(M) before hitting the overstay etc. So, since I arrived at a later date on my VISA, can I apply 28 days earlier than my VISA expiry? Please advice.

Thanks,
Deesh

to my knowledge, your Work visa time period activated when you entered in the UK as HSMP holder, not the time you obtained visa, this way you are only eligible to apply on are after 20 August 2012. Your visa expires 7 days before you are eligible, you might discuss with a lawyer or call UKBA to find out how to fill 7 days period.

[mghe]

Hi friends,

Thanks for the reply. I was under the impression that up to 3 months of late arrival will be considered by the case worker towards the five year tenure.

[lahore2664]

Hi friends,

Thanks for the reply. I was under the impression that up to 3 months of late arrival will be considered by the case worker towards the five year tenure.

Yes, you are right. that is true. I am sorry if i caused havoc.. Please wait for a senior's response.

[barker]

http://www.UKBA.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/cross-cut/ilr-calculating-continuous/ilr-calculating-continuous.pdf?view=Binary

You should be all right to apply on the 16th July as per the above link.

[khalidmirza]

Hi friends,

Thanks for the reply. I was under the impression that up to 3 months of late arrival will be considered by the case worker towards the five year tenure.

Yes, you are right. that is true. I am sorry if i caused havoc.. Please wait for a senior's response.

Hi Friend Can you pl cfm when your spouse visa expires. Technically you can apply 28 days before the expiry of your visa but that probably is for those who complete 5 years. Three months waiver is still discretion of case workers. Luckily this discretion has been exercised generously. If your spouse visa some margin apply as late as possible but before the expiry of your visa

[mghe]

Hi Friends,

Thanks for the support and your answers.

Hi khalidmirza,

I am not sure what you meant by spouse VISA. I am the main applicant and my wife is my dependant, she has got a break for 7 months ( due to pregnancy) and so she does not have the 2 yrs continuous period ( its like 1 year and 11 months + 7 months break and + 5 months back in UK again). So I am planning to apply for my ILR 28 days earlier ( july 2012) and then apply for my wife asap using the FLR(M) to complete the 2 years for her ILR. Hope my logic makes sense. Please advice if I am wrong.

[mailppk]

SettlementOpsPolicy@homeoffice.gsi.gov.uk



9 Feb (2 days ago)














to me

















see mail from UKBA for my query...


Dear Mailppk,


Thank you for your enquiry regarding your eligibility to apply for settlement in the UK. I can confirm that as per the modernised guidance to which you refer, caseworkers can count an absence from the UK at the beginning of the Entry Clearance leave, for a period of up to 3 months.



You delayed your entry to UK for up to 2 months, which is within the permitted limit, therefore I can confirm that you will be eligible to apply for ILR 28 days before your HSMP entry clearance start date.



I trust this answers your question



Regards



UK Border Agency – Settlement Ops Policy

[Rishika]

Dear friends ...i have the same issues ...can you pleasae go through my detail and advise urgently please will be greatful.

UKBA modernised guidance – ILR after 5 years residence in the UK
Hi,

I am a Tier 1 holder (came to the UK ON 3RD May 2007 on HSMP, which had entry clearance validity from 9th March 2007). I have got extension under Tier 1 in 2009 valid from 9/03/2009 to 09/03/2012.
I would like to know whether I need to apply for 2nd extension to complete 5 years or can I apply for ILR in 2012. The dates are mentioned below:
HSMP Entry Clearance: 09- March-2007
Entered in the UK: 03-May -2007 (Gap of 55 days)
Tier 1 extension till: 09-March -2012.
Besides the gap, days spend outside UK till date is 141 days (spread over 5 years).
Year Start End Out of Country
2007 3rd Dec 7th Dec 5 dAYS
2008 31-Mar 2nd April 3 Days
2008 5th March 7th March 3 dAYS
2009 1st Jan 31st Jan 31 Days
2010 29th dec 31st jan 34 Days
2011 5th Jan 10th March 65 Days
141

All the travel in 2007/2008 was travel to Europe for work purpose with 2007 with Svhegan visa type C but don’t have any official document my old company was bought over by larger IT company. All the above 141 days are paid..and includes travel days and 11 days Europe travel related to work. Only unpaid is my late entry to UK days – 55 days Gap between EC date and Entry to UK. Do I need to apply for 2nd extension? I have also read a document on UKBA guidance, which says the case worker can consider the gap between the EC and date of entry to count towards 5 years for ILR provided the gap is not more than 3 months. I need your guidance on this
Thanks,

Dear Friends,

I am hoping to complete my 5 year tenure and go for the ILR application this august. I have a small query with regards to the 28 days earlier application cause. Please can anyone help with this?

Initial HSMP Date on VISA : 13th Aug 2007
Date I came to the UK : 17th Sept 2007
Extension on renewal : 13th Aug 2009
Tier 1 expires : 13th Aug 2012.

I am planning to apply by 16th July 2012(28 days earlier as per time and date website) so that I can then apply for my wife`s FLR(M) before hitting the overstay etc. So, since I arrived at a later date on my VISA, can I apply 28 days earlier than my VISA expiry? Please advice.

Thanks,
Deesh

[khalidmirza]

Hello Rishika
You should be OK. 55 days late arrival is covered by 3 months waiver currently available in modernised guidance. 141 days absence is also well within limit of 180 days. 55 days late arrival is not counted towards 180 days limit of absence. Unpaid period does not affect Tier 1 General visa holders. Relax your case is simple and straightforward

[Rishika]

Thanks so much ...can you on 3 important point as well please

- Is there any documentation will i can carry from Immigration rules which will support my case of not considering the 55 days Gap within the 180 days limit in 5 years time.


- My HSMP approval letter came during Dec 2006 but got my Entry clearance done for 9th March 2007 ...does this matter

- Also can you please advise my dependant husband whose visa expires on 9th March 2012 ( entry clerance datae 14th Nov 2007 but entry date is 24th Dec 2007). In between March 2007 to Nov 2007 he was on student visa. Can he apply for settlement along with me. He has been out of country between 4th Jan 2011 to 31st Jan 2011 (27 days) and again for his fathers bypass surgery on 20th April to 10th May (20 Days). He has not travelled out of UK between 31st Jan 2009 to 4th Jan 2011 at all.

Appreciate your advise from bottom of my heart ...we have not been able to catch up on sleep for last whole days as the 3 months waiver i just came to know less than 18 hours ago only.

Regards
Rishika

Hello Rishika
You should be OK. 55 days late arrival is covered by 3 months waiver currently available in modernised guidance. 141 days absence is also well within limit of 180 days. 55 days late arrival is not counted towards 180 days limit of absence. Unpaid period does not affect Tier 1 General visa holders. Relax your case is simple and straightforward

[nnj10]

Thanks so much ...can you on 3 important point as well please

- Is there any documentation will i can carry from Immigration rules which will support my case of not considering the 55 days Gap within the 180 days limit in 5 years time.

Not needed


- My HSMP approval letter came during Dec 2006 but got my Entry clearance done for 9th March 2007 ...does this matter

No, as EC was granted within 6 months, You are all good.

- Also can you please advise my dependant husband whose visa expires on 9th March 2012 ( entry clerance datae 14th Nov 2007 but entry date is 24th Dec 2007). In between March 2007 to Nov 2007 he was on student visa. Can he apply for settlement along with me. He has been out of country between 4th Jan 2011 to 31st Jan 2011 (27 days) and again for his fathers bypass surgery on 20th April to 10th May (20 Days). He has not travelled out of UK between 31st Jan 2009 to 4th Jan 2011 at all.

For dependents, they need to be in UK for min. 2 years and their reasonable absences are allowed and I think your husband should be OK to apply for ILR at the same as you do.


Appreciate your advise from bottom of my heart ...we have not been able to catch up on sleep for last whole days as the 3 months waiver i just came to know less than 18 hours ago only.

Regards
Rishika

Hello Rishika
You should be OK. 55 days late arrival is covered by 3 months waiver currently available in modernised guidance. 141 days absence is also well within limit of 180 days. 55 days late arrival is not counted towards 180 days limit of absence. Unpaid period does not affect Tier 1 General visa holders. Relax your case is simple and straightforward

[Rishika]

Thanks so much appreciate it truely and humbly.

Can i request the senior moderators to just second the advises at the earliest so i can quickly start my documents ..

Also I have registered for Life in UK and plan to book the test and get some date for 27TH Feb..Also wrote to my employer that of 2011 travel circa 52 days were for Business support. And hence to provide the Business travel letter and he is happy to help and provided him some confirmation..so hopefully my previous managers will confirm to my current manager as i have long history with one company 2005 - 2007 April (India) and then May 2007 t0 date with the same employer in Uk, however companies bought over by larger IT company

Regards
Rishika

Thanks so much ...can you on 3 important point as well please

- Is there any documentation will i can carry from Immigration rules which will support my case of not considering the 55 days Gap within the 180 days limit in 5 years time.

Not needed


- My HSMP approval letter came during Dec 2006 but got my Entry clearance done for 9th March 2007 ...does this matter

No, as EC was granted within 6 months, You are all good.

- Also can you please advise my dependant husband whose visa expires on 9th March 2012 ( entry clerance datae 14th Nov 2007 but entry date is 24th Dec 2007). In between March 2007 to Nov 2007 he was on student visa. Can he apply for settlement along with me. He has been out of country between 4th Jan 2011 to 31st Jan 2011 (27 days) and again for his fathers bypass surgery on 20th April to 10th May (20 Days). He has not travelled out of UK between 31st Jan 2009 to 4th Jan 2011 at all.

For dependents, they need to be in UK for min. 2 years and their reasonable absences are allowed and I think your husband should be OK to apply for ILR at the same as you do.


Appreciate your advise from bottom of my heart ...we have not been able to catch up on sleep for last whole days as the 3 months waiver i just came to know less than 18 hours ago only.

Regards
Rishika

Hello Rishika
You should be OK. 55 days late arrival is covered by 3 months waiver currently available in modernised guidance. 141 days absence is also well within limit of 180 days. 55 days late arrival is not counted towards 180 days limit of absence. Unpaid period does not affect Tier 1 General visa holders. Relax your case is simple and straightforward

[mailppk]

Hi Rikisha,

pls apply for ILR 28 days before 09- March-2012

based on hsmp stamp date.

Regards,

[linkers]

I would agree with mailppk. As long as you entered within 90 days of getting visa, you can use the visa stamp date to satisfy the 5 years continues residency requirement.

[Rishika]

I would agree with mailppk. As long as you entered within 90 days of getting visa, you can use the visa stamp date to satisfy the 5 years continues residency requirement.

Thanks everyone nad the 55 days dont get counted towards 180 days limit. Can you confirm the same and also help with the Letter of Employer template which i can get from Employer for Absence from UK

[khalidmirza]

Thanks so much ...can you on 3 important point as well please

- Is there any documentation will i can carry from Immigration rules which will support my case of not considering the 55 days Gap within the 180 days limit in 5 years time.


- My HSMP approval letter came during Dec 2006 but got my Entry clearance done for 9th March 2007 ...does this matter

- Also can you please advise my dependant husband whose visa expires on 9th March 2012 ( entry clerance datae 14th Nov 2007 but entry date is 24th Dec 2007). In between March 2007 to Nov 2007 he was on student visa. Can he apply for settlement along with me. He has been out of country between 4th Jan 2011 to 31st Jan 2011 (27 days) and again for his fathers bypass surgery on 20th April to 10th May (20 Days). He has not travelled out of UK between 31st Jan 2009 to 4th Jan 2011 at all.

Appreciate your advise from bottom of my heart ...we have not been able to catch up on sleep for last whole days as the 3 months waiver i just came to know less than 18 hours ago only.

Regards
Rishika

Hello Rishika
You should be OK. 55 days late arrival is covered by 3 months waiver currently available in modernised guidance. 141 days absence is also well within limit of 180 days. 55 days late arrival is not counted towards 180 days limit of absence. Unpaid period does not affect Tier 1 General visa holders. Relax your case is simple and straightforward

Item # 2
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Also read Set (O) form and guide. Continuity starts from Landing. In case short of 5 years, continuity 5 years stay can be counted from date of entry clearance. Read behind the lines that residence does not start from date of entry clearance. There is no way they can count it towards your absence

Husband should be OK . Need to be married and there is no requirement for JR cases to be more than 2 years cohabitation. UKBA JR polict states dependent follow main applicant

If your application was postal date is prior to 7th Nov 2006, you should be OK as per high court judgement of 8th Apr 2008

[mailppk]

Hi khalidmirza
The same set(O) guidance states ' If you entered the UK with a visa several weeks or more after the date from which it was valid for use, you may need to apply for an extension of stay to complete the relevant qualifying period.'

this is where the modernised guidance of 2010 comes into picture, as the above condition is vague, the modernised guidance has given a time frame as 3 months.

I have got the stamping based on my HSMP stamping even though I have Tier1 validity till May 2012.

Regards,

[Rishika]

Thanks once again...can someone help me with the foramt of the letter on paid annual leave and business trip . My old managers have confirmed my business trip and happy to rpovide employer lettter to confirm the same.

Please help me today..i have booked in LIUK test for 24th hubby has on 21st. However we could not get any appointment for Croydon so booked Belfast for 6th March ...any advise on center and watching out to space to get appointments in Croydon.

Thanks once again for all the help.

Regards
Rishika

Hi khalidmirza
The same set(O) guidance states ' If you entered the UK with a visa several weeks or more after the date from which it was valid for use, you may need to apply for an extension of stay to complete the relevant qualifying period.'

this is where the modernised guidance of 2010 comes into picture, as the above condition is vague, the modernised guidance has given a time frame as 3 months.

I have got the stamping based on my HSMP stamping even though I have Tier1 validity till May 2012.

Regards,

[Rishika]

Also got a confirmation delayed entry and absence limit are considered separately. Also i am under HSMP and not under HSMP JR

Thanks once again...can someone help me with the foramt of the letter on paid annual leave and business trip . My old managers have confirmed my business trip and happy to rpovide employer lettter to confirm the same.

Please help me today..i have booked in LIUK test for 24th hubby has on 21st. However we could not get any appointment for Croydon so booked Belfast for 6th March ...any advise on center and watching out to space to get appointments in Croydon.

Thanks once again for all the help.

Regards
Rishika

Hi khalidmirza
The same set(O) guidance states ' If you entered the UK with a visa several weeks or more after the date from which it was valid for use, you may need to apply for an extension of stay to complete the relevant qualifying period.'

this is where the modernised guidance of 2010 comes into picture, as the above condition is vague, the modernised guidance has given a time frame as 3 months.

I have got the stamping based on my HSMP stamping even though I have Tier1 validity till May 2012.

Regards,