ILR Qualifying period

[fatbudha]

Hello, I have a doubt if I have to apply for ILR or Tier 1 General Extension.
I will explain my situation...
I got my HSMP valid from 04/08/2007 to 04/08/2009. After 2 years, I applied for extension under Tier 1 (General) and my visa is now valid until 04/08/2012. I first entered UK on 19/09/2007, after 46 days from the first valid from date. I understand, a 3 month delay is accepted by the Home Office, for the initial start.

1) Does it mean, I will complete 5 years of stay at the end of 4/8/2012 and can apply for ILR 28 days before this date.... Or
2) Since I first entered UK on 19/09/2007, the 5 years completion is considered as 19/09/2012, which means I would require to take an extension via Tier 1 General (Extension) and then later apply for ILR.

I have also taken 168 days holiday so far.

Thanks very much in advance

[push]

Hello, I have a doubt if I have to apply for ILR or Tier 1 General Extension.
I will explain my situation...
I got my HSMP valid from 04/08/2007 to 04/08/2009. After 2 years, I applied for extension under Tier 1 (General) and my visa is now valid until 04/08/2012. I first entered UK on 19/09/2007, after 46 days from the first valid from date. I understand, a 3 month delay is accepted by the Home Office, for the initial start.

1) Does it mean, I will complete 5 years of stay at the end of 4/8/2012 and can apply for ILR 28 days before this date.... Or
2) Since I first entered UK on 19/09/2007, the 5 years completion is considered as 19/09/2012, which means I would require to take an extension via Tier 1 General (Extension) and then later apply for ILR.

I have also taken 168 days holiday so far.

Thanks very much in advance

You should not need to apply for another extension. See this document.

Applications that fall short of the five year continuous period 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.

[fatbudha]

Thanks for your reply. But will the initial delay of 46 days be calculated as the number of days being outside the country. In my case it would then be 168 + 46 = 214 or will the holiday calculation start from 19/09/2007 ?


Appreciate your advice

[linkers]

http://www.immigrationboards.com/viewtopic.php?t=96167

[mailppk]

46 days discounted

[arsenal49]

...

You should not need to apply for another extension. See this document.

Applications that fall short of the five year continuous period 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.

is there a similar provision for those applying under 10 year rule?

thanks

[vinny]

No.

[arsenal49]

thanks vinny. much appreciated.

i went through the report in your link... but could not determine if they expect migrant to be working ( if switching from tier 2) at the time of making ILR application.

if they do, is there a minimum threshold of earnings on top of the relevant tier 2 requirements itself?

[fatbudha2012]

Hello, I have a doubt if I have to apply for ILR or Tier 1 General Extension.
I will explain my situation...
I got my HSMP valid from 04/08/2007 to 04/08/2009. After 2 years, I applied for extension under Tier 1 (General) and my visa is now valid until 04/08/2012. I first entered UK on 19/09/2007, after 46 days from the first valid from date. I understand, a 3 month delay is accepted by the Home Office, for the initial start.

1) Does it mean, I will complete 5 years of stay at the end of 4/8/2012 and can apply for ILR 28 days before this date.... Or

2) Since I first entered UK on 19/09/2007, the 5 years completion is considered as 19/09/2012, which means I would require to take an extension via Tier 1 General (Extension) and then later apply for ILR.

I have also taken 168 days holiday so far.

Thanks very much in advance

*****************VERY IMPORTANT*************************

Hello ALL Prospective ILR applicants,
I recently got my ILR. To answer my above query, as rightly mentioned by others below:-

1) You are allowed to come 3 months late to UK, from your GRANTED LEAVE (the date that appears in your UK Entry visa).

2) The actual ENTRY DATE to UK (physical arrival) is only considered, if your inital arrival delay is more than 3 months, from your granted leave.

3) Another important factor, is, any holidays you have taken as part of the annual leave being with your employer, does not contribute to the 180 days of being out of UK (but should not be consecutive 90 days). Annual Paid holidays are not counted and do not contribute to the 180 days calculation in the span of 5 years. To prove this its good to have a letter from your employer saying the mentioned dates were paid holidays (I did not have this letter). If not, the best is to provide your corresponding payslips and bank statement showing your pay, and P60's. But you still need to provide these days of annual leave in Section 6, with the reason - "Annual Paid Leave" (Payslip and Bank Statement attached for evidence).

4) Most important documents related to employment and being economically active, are your bank statements, payslips, P60's and current employer letter with salary break up.

5) Co-Habitation documents-> Council letters with your spouse name + tenancy letter or Utility letter Or Joint Account or Spouse account for past continuous 2 years with the same address. You could call up your utility company to provide a letter for visa purpose, from a back dated date, provided they speak to your spouse and are convinced he/she lives in the same property since that date.

6) Also check how many points you received in your last application either Tier 1 or HSMP for qualifications. It would be 30 for bachelors and 45 for masters. This would appear in your last approval letter. Hence for eg; if your last leave granted was on a bachelors degree, and you now want to claim points for a new Master's or Phd degree you obtained, please make sure, the University is listed in the UKBA website, in the point calculation wizard.

7) Please produce the required photo copies of your originals as mentioned in the SET(O) form. They are not interested in the whole bank statement. Just the sheet where your salary is reflecting is required, highlighting the salary amount. And a single copy of other documents.
But take all the parts of the original Bank Statement, and photocopy only the required pages.

8.) You could get some expert to get the right entry and exit dates from your passport to confirm your holidays. This is fill up Section 6 (Immigration History). This needs to be correct. Your first UK entry date will be on your VISA page. You could do this yourself reading the stamps or get the dates from your Air-tickets. The boarding day or arrival day to the UK is not usually considered as being outside.

9.) If you have a driving conviction (points etc...), just mention it, with details, and you are covered.

When you call the UKBA helpline, the councillors dont give you a consistent reply, which leaves you in a dilemma. If you know your case is straight forward, dont approach any representatives and agents, to present your case. Its waste of money, and a rip off. "Our ignorance and fear, is their business"

All the best.

[cs95tdg]

But will the initial delay of 46 days be calculated as the number of days being outside the country

No it won't. I.e. for you have to be considered absent for 46 days, you would need to have entered the UK first. Thereby as you hadn't entered the UK, those 46 days cannot count towards the 180 days of absence allowed for ILR.

[fatbudha2012]

Hello, I have a doubt if I have to apply for ILR or Tier 1 General Extension.
I will explain my situation...
I got my HSMP valid from 04/08/2007 to 04/08/2009. After 2 years, I applied for extension under Tier 1 (General) and my visa is now valid until 04/08/2012. I first entered UK on 19/09/2007, after 46 days from the first valid from date. I understand, a 3 month delay is accepted by the Home Office, for the initial start.

1) Does it mean, I will complete 5 years of stay at the end of 4/8/2012 and can apply for ILR 28 days before this date.... Or
2) Since I first entered UK on 19/09/2007, the 5 years completion is considered as 19/09/2012, which means I would require to take an extension via Tier 1 General (Extension) and then later apply for ILR.

I have also taken 168 days holiday so far.

Thanks very much in advance

************FATBUDHA********************
For more clarity, your initial delay (as long as its within 3 months) is not considered when calculating the 180 days of leave during the span of 5 years.

The 3 months delay is an additonal consideration provided by the UKBA for people to come and settle in the UK. As its not an Work Permit, UKBA is quiet considerate for people settlying in, as they understand you may not have a job to start the very first date of your HSMP or Tier 1 (General).

Hope this helps people falling under this criteria.