ILR Eligibility

[RavinderMedida]

Dear Friends,,

Would be much greatful if you could advise me on eligibility for indefinite leave to remain, below are the details.

Initially came to UK on HSMP and got extended under Tier 1 (General)

Visa Issued Date (Initial) : 31-Jan-2008
Entered UK on : 01-Apr-2008 [60 days gap between the Initial entry and the HSMP Visa start date]

Extended visa under Tier 1 (General) on : 13-Jan-2010
Current Visa is valid till : 13-Jan-2013 [Validity is 18 days lesser than 31-Jan-2013]

No. of days away from country since 01-Apr-2008,my Initial entry date : 14 Days


Please advise me on:
1. Can I apply for indefinite leave to remain without need of extending my visa?
2. If I don’t need to extend my visa. What is the earliest date that I can apply?


Appreciate your time and answers.
Thank you

[nnj10]

1. Yes, since you entered UK within 90 days of EC, you can apply for ILR without second extension.

2. You can apply on or after 3rd Jan 2012, but as your current visa expires on 13 Jan 2012, you really have very small window of 10 days to apply.

[RavinderMedida]

Thanks a lot.

[rneeta]

HI
It appears that you do not have full 5yrs Visa. you can check this thread

http://www.immigrationboards.com/viewtopic.php?t=101788

[RavinderMedida]

Thanks for the reply.

I am also not sure that about my proper 5 years stay completion.But I was under the impression that the following two points might favor me.

1. Initial 60 days late entry will be considered by a case worker under 90 days acceptable time limit for entry.

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


Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but due to delayed travel will not have spent
five years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance
being granted and the date the applicant entered the UK towards the five years, provided this period was not


2. I read that one can apply for Settlement Visa 28 days before the qualifying period.
So I am assuming I might be eligible to apply on or after 3 January 2012, as I will be qualified on 31st January 2012. On 3rd january I have valid visa and it will be the 28th day before the qualifying period.

But still I am not sure whether I can go for it.

Looking for some more replies.

Thanks

[RavinderMedida]

Hi,
Now I am approaching for the ILR eligibility (less than 4 months time) and found reply email from Home office on my query. I am posting the reply below.
The email id to be used is SettlementOpsPolicy@homeoffice.gsi.gov.uk
This email id I got from this forum itself in one of the topics and it worked.Thanks to the provider.

This info might be useful for some one who might be in similar situation as of me.


Thanks
Ravinder

[RavinderMedida]

Hi there,

Could you please help me with a clarification regarding when am I eligible to apply for Indefinite Leave to Remain (ILR) visa.
Following are the key dates for my ILR application.

HSMP Visa stamped : 31-01-2008 (Valid from 31-01-2008 to 31-01-2010)
Entered UK : 01-04-2008 (60 days gap between entry clearance stamp date and date entered)

Tier1 Extension stamped : 13-01-2010 (Valid from 13-01-2010 to 13-01-2013)
The Tier 1 extension is stamped till until 13th January 2013 only (18 days lost) .



I went to my home country for family visit for a total of 13 days till now.
10-APR-2009 To 18-APR-2009 (9 days) and 30-MAY-2009 to 02-JUN-2009 (4 days).

Could you please let me know do I need to go for another Tier 1 extension before applying for ILR.
If another Tier 1 extension is not required in my case, please let me know when am I eligible for the ILR application.

I prefer to apply through PEO same day application than postal application.



Thanks
Ravinder


*************************************************************

Dear Ravinder,



Thank you for your e mail regarding the continuous period requirement for settlement. You have asked if that you:



· delayed entry to the UK by 60 days after the entry clearance date, and

· were given an 18 day shortfall in leave granted, and

· have been outside of the UK for 13 days for family visits



mean that you will need to apply for an extension of your current leave, before you will be eligible to make an application for settlement.



If an applicant does not delay their entry to the UK by more than 3 months, caseworkers can disregard the period of delay.


Provided an applicant still has extant leave in the 28 day period before the end of their qualifying period, they can make an application for settlement. In your case, you would not be able to apply before 3rd January 2013.


Although the rules require an applicant for ILR to spend a continuous 5 year period in the UK, the Secretary of State can apply discretion to disregard short absences for the purpose of paid annual leave, or business trips, provided no single trip lasts longer than 3 months, and the total of all absences does not exceed 180 days over the 5 year period.


I trust this clarifies the situation

[RavinderMedida]

Hi ,

Thanks a million for the reply. A small confusion could you please clarify once again.

The 18 days short fall in the leave granted (Tier1 Extension) occured because of the new rules and its just because I chosen for PEO in person appointment 18 days before my Initial HSMP visa expiry date. Had I chosen postal application this would not have happened.

In the reply email the first line (after the bulleted 3 statements) says I have to apply for another extension but the conclusion says after 3rd January, I can apply for ILR.

Could you please reconfirm that If I get a PEO appointment between 03-jan-2013 and 13-Jan-2013 , I am eligible for the ILR visa as these dates fall in the 28 days less 5 years continuous period. Incase I can't get a PEO appointment I will post the application after 3rd January.

Please confirm as I am very much worried about these dates, because if its rejected then I have no valid visa atleast to reapply.

Thanks
Ravinder Medida

***********************************************************
Mr Ravinder,

You misread my e mail, which was simply re-iterating your question. You will not need to apply for a further extension of leave to remain, but cannot apply at a PEO before 3rd January 2013.

I hope this clarifies the position for you.

*************************************************************
Hi Ann,

Ok, now I clearly understand and very happy. I will get a in-person appointment for ILR/Settlement and apply after 03-Jan-2013.

Thanks a lot for the clarification.

Thanks
Ravinder Medida

[RavinderMedida]

First of all, thanks a lot to all the moderators and the guys those replied my earlier queries for their excellent guidance.

Mine is 2 years HSMP + 3 years tier 1 general visa and with permanent job.
I submitted all the necessary standard douments and the process took 3 hours.

Only one thing I want to convey is that with 2 dependents I maintained £1000 for last 3 months.( though no maintainance is required.)

The other thing is the intial 60 days delay from the EC date to date of entry.
These details are expalined in great detail in my earlier posts

Thanks a million
Ravinder

[wpilr_nov12]

Dear Ravinder,

...

Provided an applicant still has extant leave in the 28 day period before the end of their qualifying period, they can make an application for settlement.

...

That's an interesting bit. Still not absolutely clear on whether that extant leave should cover the entire 28 day period.

Good luck to you anyways.

[stokbrig]

First of all, thanks a lot to all the moderators and the guys those replied my earlier queries for their excellent guidance.

Mine is 2 years HSMP + 3 years tier 1 general visa and with permanent job.
I submitted all the necessary standard douments and the process took 3 hours.

Only one thing I want to convey is that with 2 dependents I maintained £1000 for last 3 months.( though no maintainance is required.)

The other thing is the intial 60 days delay from the EC date to date of entry.
These details are expalined in great detail in my earlier posts

Thanks a million
Ravinder

Congratulations and happy new year.
Could you please advise on getting an appointment with 2 dependants.
Thanks

[cs95tdg]

Dear Ravinder,

...

Provided an applicant still has extant leave in the 28 day period before the end of their qualifying period, they can make an application for settlement.

...

That's an interesting bit. Still not absolutely clear on whether that extant leave should cover the entire 28 day period.

Agree, it isn't absolutely clear when you read the statement. It appears to be a matter of how you interpret the statement "extant leave in the 28 day period". As it does not state "extant leave covering the 28 day period" I'd now be inclined to believe that you don't need extant leave for the entire 28 day period contrary to what my understanding has been to-date. Additionally the OP clearly got his ILR approved, so one can only hope that the same will apply to anyone else applying under similar circumstances as well. If only this could be more clearly stated in the UKBA guidelines, it would raise a lot less confusion and questions from those applying.