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17th July 2012 on after you are eligible....mghe wrote: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 wrote: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
lahore2664 wrote:Yes, you are right. that is true. I am sorry if i caused havoc.. Please wait for a senior's response.mghe wrote: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.
mghe wrote: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 wrote: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 wrote: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
khalidmirza wrote: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 wrote:Rishika wrote: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
khalidmirza wrote: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
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 UKlinkers wrote: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 wrote: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
khalidmirza wrote: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 wrote: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 wrote: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
mailppk wrote: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,