Complex situation - What Are my Options

[sriyab]

Hi,
Please can you guide me on ILR application with your experience

HSMP Applied: 28-Mar-2008 (Received HSMP letter in Jul-2008)

Had a prior WP and visited UK on WP
UK visit on WP: Aug 2008 to 30-Sep-2008

Went back to home country and applied for EC on 1-Oct-2008
Tier1 visa stamped : 31-Oct-2008

UK Entry on Tier 1 on 14-Jan-2009 (after 75 days of Tier-1 Stamped)
Renewed Tier 1 in Dec-2011 and extension is upto 15-Dec-2013.

Now,
Shall I consider the WP date to calculate 5 years
Or
Tier 1 UK entrance date for ILR.

Tier 1 entrance date 14-Jan-2009 does not complete 5 years and I have to renew it again just to wait for 1 month to apply for ILR.

[zishi]

I don't think you can include your work permit days in when calculating 5 years as the absence was more than 90 days. Unless you were still being paid in UK and you can get a letter from your employer.

[geriatrix]

Even if you were to include the 2 month period that you spent in the UK as a WP migrant in the qualifying residential period, the single absence of more than 90 days (02 Oct 2008 to 13 Jan 2009 = 105 days) reset the ILR clock.

That said, since you entered UK within 90 days of your PBS EC being issued, you may be able to apply for settlement without the need for an extension. Read through the self-help topic.

[sriyab]

Hi, Thanx for ur reply,

I have read the topics and the case worker may consider a period less than 90 days which is my case,
but, I cant decide on which date to appy for ILR.

Is it 31-Oct-2013 - which is exactly 5 years of EC date 31-Oct-2008

or 14-Dec-2013 which 30 days before the ILR application date.

Also I read somewhere that on the application date, one should be in the UK on 5 years prior date, ie I should be in the UK on 31-Oct-2008 which I was not.

[geriatrix]

Since your current leave will expire (15-Dec) before you become eligible to apply for settlement (17-Dec), then - given the experiences posted on the forum - you may be able to apply for settlement, at the earliest, within the 28 days window preceding the 5th anniversary of your EC issue date. Alternatively, apply nearer to the date of expiry of current leave.