Am i eligible for ILR OR do i need another FLR?Due to 5 year

[email4contact]

HI,

Am i eligible for ILR(Indefinate leave to remain) OR do i need another FLR(Further Leave to remain)? Due to 05 years continuous period rule within UK.

Following are my visa dates details.

First HSMP Approval Letter = 20-Sep-2007
First Entry Clearance visa start date = 01-Dev-2007 (initially for 02 Years visa under HSMP)
First Time arrived in UK = 01-Mar-2008

SO, I was inside UK on 92nd day. So as i heard and i calculated it is one day more than the average 03 months days i.e. 90 days.
Of course and usually people never get the passport back intime and i got the passport back from embassy after entry clearance on
15-Dec-2007. People usually cannot fly as soon as they get the passport. One need time to wind things up before departure. Moreover,
I have never seen or found any link OR guidelines which says that you must enter in UK within 90 days to fulfil upcoming requirments for ILR.

Later i successfully Got Tier 1 General Extension in November 2009 for another 03 years and till again 01-Dec-2012 so which is not covering my initial 90 days
missing period.

As i have planned and during this whole 05 years period i never been out of UK for more than 50 days and even those 50 days were paid leaves.

So questions are:


1: Am i eligible for ILR(Indefinate leave to remain)?

2: OR do i need another FLR(Further Leave to remain)? Due to the fact that i was technically out of country for more than 90 days in the first year of HSMP visa.

3: If i will get FLR then what will be the duration of that FLR? 01 year or more to cover the missing period? So does this mean my first whole year will not be
counted due that 01 less day? and i need to pay a very heavy cost of that one more day out of UK?

4: As for ILR, you cannot apply 28 days before expiry of current leave. SO does this mean, i need to struggle one full year more to qualify for the points?

5: In case of ILR due to that one less day, this mean i have to pay latest very heavy fee for ILR and then another fee for FLR as well?

6: Can i apply for ILR and FLR both at same time and request to the case worker for FLR on compassionate grounds? As i heard that its upto the home office discretion that they can waive-off certain period based on valid reasons? so is this possible in my case?

As i also read somewhere that you can live 90 days out of UK every year in 05 year and not more than 450 days in total during these 05 years. Is that meant for ILR or for naturalization?

Please reply in as much detail as possible. Send me any other related forum link, if someone already encountered such situation.

Many Thanks for your time and reading this carefully.

Thank you.

[email4contact]

In short, what i am asking here is:

First time, I have entered in UK on 92 day after first visa start date.

So question is , my first year will be counted in 5 years or not?

If yes then i can apply for ILR otherwise i might need one more extension.

Please share your thoughts.

Thanks.

[vinny]

When will your leave expire?

[email4contact]

When will your leave expire?

Thanks.

Current visa validity till = 01-Dec-2012
First time entered in UK = 01-Mar-2008 on 92 day after visa start date.

And so far since 01-mar-2008, i was never out of UK for more than 50 days and even those 50 days were paid holidays.

I have written complete details above in initial post.

So what do you think?

thanks.

[khalidmirza]

When will your leave expire?

Thanks.

Current visa validity till = 01-Dec-2012
First time entered in UK = 01-Mar-2008 on 92 day after visa start date.

And so far since 01-mar-2008, i was never out of UK for more than 50 days and even those 50 days were paid holidays.

I have written complete details above in initial post.

So what do you think?

thanks.

I could not understand how you got answer 92.
Visa issued on 1st Dec 07..............31 days
Jan 07..........................................31 days
Feb 07...........................................28
Toal..............................................90 days
Your arrival in UK on 1 st Mar is counted towards your stay in UK. Yous is very marginal case. Guide says WITHIN 90 days and you are in 91 days. Need more input from seniors. Since 90 days exemption is is also discretionary and not a rule. Who knows they can extend it for one day. Very special case. Good luck

[email4contact]

Good point, however, The dates are for reference and just tried to create a similar example. However, the truth is based on which i have asked the question that

"After entry clearance, i entered in the UK on 92 day. So technically i am short 1 day from average 90 day definition of three months."

As you said that even these 90 days are discretionary. so may be, if i am lucky enough.

This also me that positive OR negative possibilities are there. So question is how to apply now?

Shall i apply for FLR OR ILR OR both at same time ? OR what?
what is the best way forward?

Thanks.

[email4contact]

Any other thoughts please?

Senior members, please guide me or share your thoughts, as much possible.

Thank you.

[push]

Any other thoughts please?

Senior members, please guide me or share your thoughts, as much possible.

Thank you.

Can you give us the actual dates of (1) the grant of EC, (2) date you arrived in UK and (3) validity of your current leave. it doesnt help when you create scenarios.

The dates are for reference and just tried to create a similar example. However, the truth is based on which i have asked the question that

"After entry clearance, i entered in the UK on 92 day. So technically i am short 1 day from average 90 day definition of three months."

Also how did you interpret 3months to mean 90 days?

[email4contact]

I could not understand how you got answer 92.
Visa issued on 1st Dec 07..............31 days
Jan 07..........................................31 days
Feb 07...........................................28
Toal..............................................90 days
Your arrival in UK on 1 st Mar is counted towards your stay in UK. Yous is very marginal case. Guide says WITHIN 90 days and you are in 91 days. Need more input from seniors. Since 90 days exemption is is also discretionary and not a rule. Who knows they can extend it for one day. Very special case. Good luck

Hi KhalidMirza,

Your calculations are wrong.

Visa issued on 1st Dec 2007..........31 days
Jan 2008.....................................31 days
Feb 2008.....................................29 days (leap year)
Toal............................................91 days

First Entry in UK = 01-Mar-2008, which is 92 day.

My intention to create the example was to make it easier for you people calculation.

Actual dates for EC=29-Nov-2007 and Entry on 28-Feb-2008 which again is 92nd day.

I just want to keep everybody focus on 92 day entry date. which is the real question. and will UKBA will/can count my first year to satisfy continuous 5 year stay?

and

i am just taking average of 03 months as 90 days. if that is the correct way to calculate? take Nov, Dec, Jan OR Dec, Jan, Feb then average will still remains 90 days.

and

I am in Year 5 now and My current visa is valid till 29-Nov-2012.

I hope now things are pretty much clear.

Please GUIDE and share your thoughts and experiences as much possible.

Thanks a lot for your responses.

[email4contact]

Hello Dear Members and Moderator.
Any Suggestion OR guidance for me in this matter?
Thanks.

[push]

Hello Dear Members and Moderator.
Any Suggestion OR guidance for me in this matter?
Thanks.

In my opinion, you should be fine. The modified guidance says that the period between the grant of EC and the date of actual entry to UK may be counted towards the 5 years settlement qualifying period provided that period is no more than 3 months. In your case the period is exactly 3 months and not a day more. Note that the guidance says 3 months and not 90 days.

[email4contact]

Yes, however, there is an element of possibility and probability which makes me worried

One more suggestion. Shall i apply by post OR in person? whats best in my case?

If i send by post and if somehow they rejects the ILR then it will cost me more. Alternatively, as i heard that i fill and send both forms together ILR and FLR and in the cover letter explain the situation to case work.

So what do you suggest?

Thank you.

[rambaugh]

What was the final decision you came too on whether to apply for ILR or go for a Tier 1 extension to cover the short gap in your qualifying period for continuous stay ?

I understand the revised December 2012 rules specifically state 90 days rather than 3 months which would mean you'd need a further extension.

I would be interested to hear your experience as I'm in a similar situation as you we're in.