5 yrs qualifying period: Is it from grant of approval letter

rkk · Post by **rkk** » Fri Feb 24, 2012 6:03 am

hi guys,
If any body can help of 5 yrs ILR qualifying period: Is it from grant of approval letter or visa stamp valid from date. my friend got HSMP here in UK after finishing his studies and then applied for HSMP and got approval letter but for stamping he applied 4 months later b.coz approval letter valid for 6 months.

can anybody help is ILR qualifying period starting from HSMP approval letter date or visa date

thanks for the help

Post by **vinny** » Fri Feb 24, 2012 6:21 am

Visa date if initial entry is within 3 months. Else, initial entry date.

rkk · Post by **rkk** » Fri Feb 24, 2012 6:28 am

vinny wrote:Visa date if initial entry is within 3 months. Else, initial entry date.

hi vinny, thanks for the quick reply

but he was here in UK only on student visa that time. No initial entry for him. his initial entry in 2004 on student visa then he is applied for HSMP from here in UK only

he recently met one solicitor in London, he said to him that u can eligible from grant of HSMP approval letter.

any idea please???????????

Post by **vinny** » Fri Feb 24, 2012 7:52 am

You may have misused the term "visa".

I think that the qualifying period under applicable work category started from the initial grant of leave to remain as an HSMP holder.

rkk · Post by **rkk** » Fri Feb 24, 2012 8:14 am

thanks for the reply vinny

m3m3m · Post by **m3m3m** » Sat Feb 25, 2012 3:43 pm

Hi Vinny,
i am under similar situation.
i delayed journey, came 94 days late from visa issue date.
UKBA says upto 3 months delay is ok, but if i have 4 days more than three months will they consider this for ILR.
if no Please suggest the alternative

Many Thanks.

hsmpengineer · Post by **hsmpengineer** » Sat Feb 25, 2012 6:20 pm

For in country HSMP guys the qualifying period starts from the date shown on the visa stamp in your passport and NOT the date shown on the approval letter. I am in a similar situation and I called up the home office regarding this and they said "DO NOT apply earlier than 28 days before the expiry of your current visa".

hsmpengineer · Post by **hsmpengineer** » Sat Feb 25, 2012 6:21 pm

http://www.immigrationboards.com/viewto ... mpengineer

hsmpengineer · Post by **hsmpengineer** » Sat Feb 25, 2012 6:26 pm

m3m3m you are not in a similar situation to the original poster. He described a situation where HSMP was obtain through an in-country application. In your case you clearly obtained your HSMP outside the UK.

rkk · Post by **rkk** » Sun Feb 26, 2012 2:36 am

hi hsmpengineer, thanks for the reply,

even me contacted that solicitor on friday, he said same to me as well. here in my place more than 20 pple on the similar situation they r all contacted different solicitors(paid) they r also saying the same thing.

but in your linked mail from UK Border Agency they said "6th March 2007 is the date of grant for LTR as an HSMP" what that means. can u please enquire as well

thanks

hsmpengineer · Post by **hsmpengineer** » Sun Feb 26, 2012 8:15 am

you are correct, it is abit confusing. after reading the email from ukba i was more confused than ever so i called them and the person i spoke to said "apply 28 days before the expiry of your current visa" so I chose to do that to be safe rather than sorry lol

rkk · Post by **rkk** » Sun Feb 26, 2012 1:23 pm

hsmpengineer wrote:you are correct, it is abit confusing. after reading the email from ukba i was more confused than ever so i called them and the person i spoke to said "apply 28 days before the expiry of your current visa" so I chose to do that to be safe rather than sorry lol

hi hsmpengineer,

wt do u say now, is it from approval date or visa date?

thanks

hsmpengineer · Post by **hsmpengineer** » Sun Feb 26, 2012 1:59 pm

I have decided to base my application on the dates shown on my visa and not the date of my approval letter. I'll rather be safe than sorry, i dont think i can bear the thought of losing £1,350 if they choose to refuse my application on the grounds of dates.

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5 yrs qualifying period: Is it from grant of approval letter

5 yrs qualifying period: Is it from grant of approval letter