ILR or Tier (1) General Extension

[fatbudha2012]

Hello,
I will explain my situation...
I got my HSMP valid from 04/08/2007 to 04/08/2009. After 2 years, I applied for extension under Tier 1 (General) and my visa is now valid until 04/08/2012. I first entered UK on 19/09/2007, after 46 days from the first valid from date. I understand, a 3 month delay is accepted by the Home Office, for the initial start.

1) Does it mean, I will complete 5 years of stay at the end of 4/8/2012 and can apply for ILR 28 days before this date.... Or
2) Since I first entered UK on 19/09/2007, the 5 years completion is considered as 19/09/2012, which means I would require to take an extension via Tier 1 General (Extension) and then later apply for ILR.

I have also taken 168 days holiday so far.

I contacted the UKBA helpline number, and I get different answers each time.

The recent advice I got was, since I first landed in UK was on 19/9/2007, my five year anniversary would be 19/9/2012. And I can apply 28 days before that, which would be 23/08/2012. But as my leave is only valid until 04/08/2012, I will have to first apply for an extension (i.e; Tier1 General extension + PBS (dependant), and probably apply for ILR (SET-O) once I complete the shortfall of days.

I also want to go to India on vacation in Nov 1st week, hence I booked an appointment with the PEO on the 3rd week of July 2012. The advisor also said if I go on that date, its too early for the case worker to make a decision and I must select a data as close to 4/8/2012.

I am confused here. Can any experienced moderator please guide me.

Many thanks

[cs95tdg]

I got my HSMP valid from 04/08/2007 to 04/08/2009. After 2 years, I applied for extension under Tier 1 (General) and my visa is now valid until 04/08/2012. I first entered UK on 19/09/2007, after 46 days from the first valid from date. I understand, a 3 month delay is accepted by the Home Office, for the initial start.

1) Does it mean, I will complete 5 years of stay at the end of 4/8/2012 and can apply for ILR 28 days before this date....

Yes, this is correct.

This is due to the concession (published below) which allows the period between EC & Entry to be considered towards the 5 years of continuous residency, so long as the applicant entered the UK within 3 months of EC. If you search the forum, you will see many who have been confused on this subject. And also see that the staff manning the UKBA helpline sometimes provide inacurate & inconsistent information. I personally, always go by the immigration rules and guidance published on the UKBA website.

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 longer than three months.