Tier 1 To ILR. More than 180 Days .... Plz Help

[rizwo]

I was granted HSMP visa in July 2007 for 2 years up to 26 July 2009 and subsequently was given an extension for 3 years in 2009.

Visa given

HSMP. ------- 25 July 2007 To 26 July 2009
Extension....... 13 Oct 2009 To 14 Oct 2012 ( applied on time)

As it is explained above that i was given a visa for than 5 years Under Tier 1. I was out 217 days out of country ( including once 3 month 4 days) with that 5 years period. But i was granted 2 months 14 days more than 5 years period. Does that 217 days will effect my ILR while i shall spend 2 months 14 days more than 5 years.

ierAs i was given more than 5 years visa ( 2 months 14 days more), would it not be compensated with my 217 days and then I shall be out of country only for 143 days out (217-74).

[parasiteslost]

If the 3 months 4 days were not for business or compelling reasons, then your 5 year counter has been reset and won't be eligible for ILR until 5 years from the date you returned to the UK after the 3 months 4 days out.
Better to renew your Tier 1 and wait.

[rizwo]

If the 3 months 4 days were not for business or compelling reasons, then your 5 year counter has been reset and won't be eligible for ILR until 5 years from the date you returned to the UK after the 3 months 4 days out.
Better to renew your Tier 1 and wait.

Thanks very much for the answer.

I got an accident in home country and injured by back. I have full reports and MIR scan in which consultant strongly suggest to do the bed rest for 6-8 weeks. That was the prime reason for my delay.

I can get the letter from my GP on these reports as well.
In this circumstances will they considered my application.

[parasiteslost]

I got an accident in home country and injured by back. I have full reports and MIR scan in which consultant strongly suggest to do the bed rest for 6-8 weeks. That was the prime reason for my delay.

I can get the letter from my GP on these reports as well.
In this circumstances will they considered my application.

If you have proof of the compelling reasons, you can make a case - especially if you were under permanent employment in the UK while you had the accident, which would prove you were economically active in the UK.

I suggest you seek assistance from an immigration sollicitor.

[geriatrix]

Please advise that a person get a visa (HSMP) on 27/07/2007 and subsequently got an tier 1 extension up to 14/10/2012.
His 5 years finished on 26/07/2012. Now he spend total 210 days out of country in these 210 days one time on 24/08/2007 to 28/11/2007 he was out of country which clearly shows that he was out more then 90 days.

He is applying ILR on 10/10/2012. if we see logically then what ever days he spent out country must be accommodate with that period which he spend more then 5 years, mean onward of 26/07/2012 to 10/10/2012.

In this specific case will this case subject to Higher level Case worker?

[geriatrix]

For an application to be submitted on 10/10/12 the qualifying residential period starts from 10/10/07. Technically, the person in question (you) doesn't fall foul of the "no single absence of more than 90 days" policy.

That said, I won't be surprised if the caseworker doesn't approve the application without an okay his senior (if not an HEO).