ILR query

[abcd1234]

Hi

I have got my tier 1 visa in 2008 and came to UK after 6 months, now if i want to apply for ILR, i am short of 6 months, so i would like to know is there any possibility that i can show as a self employed and pay taxes for those 6 months,then afterwards i have the continuous employment in the UK.

Please let me know whether i am eligible to apply for ILR or not

Thanks a lot

[Greenie]

No.

[Anaida78]

My cousin got tier 1 visa in 2008 and came to UK after 4 months, his extension is valid up to a date that is 2 months and 22 days short of 5 years stay. so i would like to know is there any possibility he can apply for ILR or he has to ask for 2nd extension to cover 2 months and 20 days.

[params0073]

This might help :-

Read the page number 10 carefully i.e

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.


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

[QuickSam]

My understanding is as follows:

The guidance says that the caseworker may consider

The period between visa start date and entry to UK(if this is not more than 3 months) + Total period spent in UK = 5 yrs

**If the travel gap period is more than 3 months, ILR application is not possible (you need to extend again and then apply for ILR) as the initial period won't be counted and you have to complete 5 years based on your stay in UK itself.

You can't claim that the difference is only 2 months and 22 days as the original travel gap would always remain the same (4months) even though you might have a extension delay which would make the time difference for completing 5 years less but would still not affect the original travel gap

Hope that makes sense. My case is just the same, I travelled 4 months late and the visa extension delay reduced the gap to just 2 months but I would still have to extend once before applying for ILR.

In case the seniors think otherwise, please do let us know.