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You should not need to apply for another extension. See this document.fatbudha wrote: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
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?push wrote:...
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.
*****************VERY IMPORTANT*************************fatbudha wrote: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
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.meneseuls wrote:But will the initial delay of 46 days be calculated as the number of days being outside the country
fatbudha wrote: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