ILR: HSMP->WP a few days between visa stamps

[Iriny_k]

Hi guys,

I am preparing my ILR application and just noticed in my passport that my first HSMP visa ends earlier than my second WP leave to remain stamp, i.e.
HSMP visa till May 11,
work permit leave to remain - June 17.

HSMP was changed to WP inside the country, and solicitors applied for a WP well before my HSMP visa expired, but we've got an approval letter May 13, and passport with leave to remain on June 17.

I've got Tier 1 visa a year later, and this is my current category. So I had no problems with Home Office at that stage. Now thinking about ILR and cannot find any confirmation on the Home office site if a few days between my HSMP and WP stamps is ok?

Thanks!

[selva]

Hi guys,

I am preparing my ILR application and just noticed in my passport that my first HSMP visa ends earlier than my second WP leave to remain stamp, i.e.
HSMP visa till May 11,
work permit leave to remain - June 17.

HSMP was changed to WP inside the country, and solicitors applied for a WP well before my HSMP visa expired, but we've got an approval letter May 13, and passport with leave to remain on June 17.

I've got Tier 1 visa a year later, and this is my current category. So I had no problems with Home Office at that stage. Now thinking about ILR and cannot find any confirmation on the Home office site if a few days between my HSMP and WP stamps is ok?

Thanks!

technically you are 2-3 days over stay if you have applied for visa (FLR) on May 13. should it affect your ILR? not sure but what I would guess is that it is unlikely to have adverse effect on your ILR if only 2-3 days over stay.

[Iriny_k]

technically you are 2-3 days over stay if you have applied for visa (FLR) on May 13. should it affect your ILR? not sure but what I would guess is that it is unlikely to have adverse effect on your ILR if only 2-3 days over stay.

hm... i thought at the time that is I apply before the current leave expires, then I am not overstaying. I applied for WP end of March and got my approval letter May 13. logically it's not my fault it took them so long?

[parasiteslost]

It would normaly be taken from the date the HO receives your WP application. If this date is before the HSMP expiry you should be fine.

Submit a SAR to the HO to see what date they have on file for the application.

[Iriny_k]

It would normaly be taken from the date the HO receives your WP application. If this date is before the HSMP expiry you should be fine.

Submit a SAR to the HO to see what date they have on file for the application.

sorry my ignorance, but what is SAR and how to submit it?

Thanks!

[parasiteslost]

sorry my ignorance, but what is SAR and how to submit it?

Thanks!

It's a request for information you can make to ukba to ask all the personal data they have on you incl. the date they recorded for your application.
See:
http://www.ukba.homeoffice.gov.uk/navig ... onal-data/

[doc44]

Hi guys,

I am preparing my ILR application and just noticed in my passport that my first HSMP visa ends earlier than my second WP leave to remain stamp, i.e.
HSMP visa till May 11,
work permit leave to remain - June 17.

HSMP was changed to WP inside the country, and solicitors applied for a WP well before my HSMP visa expired, but we've got an approval letter May 13, and passport with leave to remain on June 17.

I've got Tier 1 visa a year later, and this is my current category. So I had no problems with Home Office at that stage. Now thinking about ILR and cannot find any confirmation on the Home office site if a few days between my HSMP and WP stamps is ok?

Thanks!

Don't worry,you will be OK. If you applied well before May 11 even if on the 11th May is fine. It depends how you posted your application. If it is posted by royal mail then date of posting is considered the date of application. If you posted it via courier service then date of delivery is considered as the date of application.

I posted mine on the same day as of my visa expiry and it arrived 2 days later because of a holiday but the date it was posted was taken as the date of application by home office.

[doc44]

But just to make sure, applying for WP document is a different thing thing and applying FLR visa using that WP document is different. I am talking about applying visa. if you have applied for visa using WP document on 13th May then you have overstayed by 2 days for sure.

It does not matter when you applied for work permit document. Date that matters is when you applied for a visa using that WP document.

[Iriny_k]

But just to make sure, applying for WP document is a different thing thing and applying FLR visa using that WP document is different. I am talking about applying visa. if you have applied for visa using WP document on 13th May then you have overstayed by 2 days for sure.

It does not matter when you applied for work permit document. Date that matters is when you applied for a visa using that WP document.

I am not with you... I didn't apply for a work permit document, I applied for a work permit. as a first stage of the approval, they've sent me a letter confirming that my work permit is approved and now I have to apply for FLR. I was not able to apply for FLR before May 11 as I did not have an approval yet. This is not my fault I didn't get the approval, I applied a month before and it took them so long to consider. And I don't have any confirmation what date I mailed it, but I assume if the permit was granted than I was OK and in time? If you are saying I overstayed anyway, why Home Office extended my stay and issued Tier 1 a year after? Should they let me know at that stage that I am breaching the immigration rules?

[doc44]

But just to make sure, applying for WP document is a different thing thing and applying FLR visa using that WP document is different. I am talking about applying visa. if you have applied for visa using WP document on 13th May then you have overstayed by 2 days for sure.

It does not matter when you applied for work permit document. Date that matters is when you applied for a visa using that WP document.

I am not with you... I didn't apply for a work permit document, I applied for a work permit. as a first stage of the approval, they've sent me a letter confirming that my work permit is approved and now I have to apply for FLR. I was not able to apply for FLR before May 11 as I did not have an approval yet. This is not my fault I didn't get the approval, I applied a month before and it took them so long to consider. And I don't have any confirmation what date I mailed it, but I assume if the permit was granted than I was OK and in time? If you are saying I overstayed anyway, why Home Office extended my stay and issued Tier 1 a year after? Should they let me know at that stage that I am breaching the immigration rules?

It is same like someone's employer applied for tier 2 sponsorship license but the license arrived after the expiry of the applicant's visa. Acc to HO once your visa is expired you have 28 days to either leave the country or apply for a visa. 28 days is considered as a legel overstay. If the person leaves the country in 28 days and then apply for a visa anytime in future then his application is dealt as normal and is not considered as a past overstayer.

You forwarded your application 2 days after ur visa expiry so you were a legal overstayer for those 2 days and did not affect your visa pplication. But ya I don't how this overstay will be seen by a caseworker at the of ILR. It depends on his own discretion and vary from case worker to case worker. I know people who applied for ILR after less than 10 days of legal overstay within the country and got ILR with no problem.

Caseworker guidance says it is on the caseworker to discretion. All the best. I have no intention of worrying you. Just sharing my experience and knowledge. Senior members can also further advise on this.

[Iriny_k]

It is same like someone's employer applied for tier 2 sponsorship license but the license arrived after the expiry of the applicant's visa. Acc to HO once your visa is expired you have 28 days to either leave the country or apply for a visa. 28 days is considered as a legel overstay. If the person leaves the country in 28 days and then apply for a visa anytime in future then his application is dealt as normal and is not considered as a past overstayer.

You forwarded your application 2 days after ur visa expiry so you were a legal overstayer for those 2 days and did not affect your visa pplication. But ya I don't how this overstay will be seen by a caseworker at the of ILR. It depends on his own discretion and vary from case worker to case worker. I know people who applied for ILR after less than 10 days of legal overstay within the country and got ILR with no problem.

Caseworker guidance says it is on the caseworker to discretion. All the best. I have no intention of worrying you. Just sharing my experience and knowledge. Senior members can also further advise on this.

thank you for your reply. could you please share the official information where you see in the caseworker guidance that this is to their discretion? Do you have a link please? Thanks!

[doc44]

It is same like someone's employer applied for tier 2 sponsorship license but the license arrived after the expiry of the applicant's visa. Acc to HO once your visa is expired you have 28 days to either leave the country or apply for a visa. 28 days is considered as a legel overstay. If the person leaves the country in 28 days and then apply for a visa anytime in future then his application is dealt as normal and is not considered as a past overstayer.

You forwarded your application 2 days after ur visa expiry so you were a legal overstayer for those 2 days and did not affect your visa pplication. But ya I don't how this overstay will be seen by a caseworker at the of ILR. It depends on his own discretion and vary from case worker to case worker. I know people who applied for ILR after less than 10 days of legal overstay within the country and got ILR with no problem.

Caseworker guidance says it is on the caseworker to discretion. All the best. I have no intention of worrying you. Just sharing my experience and knowledge. Senior members can also further advise on this.

thank you for your reply. could you please share the official information where you see in the caseworker guidance that this is to their discretion? Do you have a link please? Thanks!

Two links attached. I am sure you will be OK. Best of luck.

http://www.immigrationboards.com/viewto ... +visas+ilr

http://www.immigrationboards.com/viewto ... +visas+ilr

[doc44]

http://www.arshadmahmood.com/long-resid ... dence.html

Check this out also from a solicitor. FAQ no. 2.