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Tier1 to ILR: came late on initial visa for 5 years

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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sanyamkaushik
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Tier1 to ILR: came late on initial visa for 5 years

Post by sanyamkaushik » Mon Mar 12, 2012 5:01 pm

Hi Guys
Need your expert opinion/experience.
Initial visa: HSMP
Visa started: 1st May 2007.
I entered UK: 27th June 2007

Current Visa: Tier 1 (extension of HSMP)
Expiry : 30th April 2012.

Shall I apply for Tier1 extension or ILR directly.

For 5 years counting, I came about 57 days later (from when my initial visa started)

Please help...

linkers
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Post by linkers » Mon Mar 12, 2012 5:14 pm

As you entered UK within 90 days of getting your EC, you can apply for ILR directly 28 days before 1st May 2012 which would be Tuesday, 3 April 2012.

http://www.timeanddate.com/date/dateadd ... &ad=28&aw=

sanyamkaushik
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Posts: 23
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Post by sanyamkaushik » Mon Mar 12, 2012 5:28 pm

linkers wrote:As you entered UK within 90 days of getting your EC, you can apply for ILR directly 28 days before 1st May 2012 which would be Tuesday, 3 April 2012.

http://www.timeanddate.com/date/dateadd ... &ad=28&aw=
Thanks Linkers,
Do you or anyone else has had this experience themselves? Am really curious to know.

linkers
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Joined: Fri Dec 30, 2011 10:55 am

Post by linkers » Mon Mar 12, 2012 5:52 pm

The modernised guidance now allows people to apply 28 days before their EC date as long as they enter within 90 days of Entry Clearance.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary


I have seen loads of cases on this forum where people successfully got ILRs under this rule. I am myself applying 28 days from the 5th anniversary of my HSMP EC in April.

wpilr_nov12
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Post by wpilr_nov12 » Mon Mar 12, 2012 6:32 pm

Well that contradicts with what I was told by Vinny, unless my interpretation is flawed.
http://www.immigrationboards.com/viewtopic.php?t=97616

push
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Post by push » Mon Mar 12, 2012 8:24 pm

wpilr_nov12 wrote:Well that contradicts with what I was told by Vinny, unless my interpretation is flawed.
http://www.immigrationboards.com/viewtopic.php?t=97616
Read this as well. Note that Vinny's post says ... it is "safe" to apply....
regards,
push
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vinny
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Post by vinny » Tue Mar 13, 2012 10:01 am

sanyamkaushik wrote:Hi Guys,
Do you know how long does it take to get to know the outcome (positive or negative) of ILR application if you apply in person (Normal Premium application) at Croydon or any other office.

The reason I am asking is I'm in a fix regarding 5 year eligibility (travelled to UK 56 days after Entry Clearance). If they tell me on the same date that I'm not eligible, I would still have time to apply for Tier 1 extension :( and if they hold on to my application till my current visa expires (tier 1), i will have no option but to leave the country.
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sanyamkaushik
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Post by sanyamkaushik » Tue Mar 13, 2012 11:55 am

vinny wrote:
sanyamkaushik wrote:Hi Guys,
Do you know how long does it take to get to know the outcome (positive or negative) of ILR application if you apply in person (Normal Premium application) at Croydon or any other office.

The reason I am asking is I'm in a fix regarding 5 year eligibility (travelled to UK 56 days after Entry Clearance). If they tell me on the same date that I'm not eligible, I would still have time to apply for Tier 1 extension :( and if they hold on to my application till my current visa expires (tier 1), i will have no option but to leave the country.
anyone please

Freedommmm
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Post by Freedommmm » Sat Mar 17, 2012 8:28 pm

I have a similar situation. Visa granted 19/02/2009. EC 17/07/2009.
Extened my Tier 1 until 19/02/2014.

At the end of my current stay will be 4 months short of full 4 years 11 months year term to apply for ILR.

I really would like to avoid having to extend again, only to apply for ILR about 3 months after extension (assuming they take at least 1 month for processing).

Is there any way whatsoever to apply for ILR near the end of my current stay in February 2014 ???

Ideas?

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