ILR Shortfall by 2 months

[vivekmarwah]

Dear Members

I got HSMP in Oct 2007 till 31 Oct 2009. I entered UK on 30 Dec 2007. I applied extension - (Tier 1) 5 months (June 09) in advance of 31 Oct 2009 expiry and got it till Oct 2012. Now i am falling short by 2 months for completing 5 year qualifying period. I will complete 5 year qualifying period on 29 Dec 2012. My 2 month shortfall is due to the fact that i came two months after my Visa stamped date and also i applied 5 months in advance of my Visa extension.

UKBA website has a guidance on applications falling short of 5 year qualifying period i.e.

The UKBA website states:

"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.".

With above guidance, can i apply for ILR in October. If yes, should i go for same day or send through postal route.

Appreciate everyone help.

Kind Regards

[wpilr_nov12]

Dear Members

I got HSMP in Oct 2007 (date?) till 31 Oct 2009. I entered UK on 30 Dec 2007. Is it within 3 months from EC? YES.I applied extension - (Tier 1) 5 months (June 09) in advance of 31 Oct 2009 expiry and got it till Oct 2012 (date?). Now i am falling short by 2 months for completing 5 year qualifying period if you count from your initial UK entry date. I will complete 5 year qualifying period on 29 Dec 2012. My 2 month shortfall is due to the fact that i came two months after my Visa stamped date (concession available Yes, applicable, Yes) and also i applied 5 months in advance of my Visa extension (not an issue).

UKBA website has a guidance on applications falling short of 5 year qualifying period i.e.

The UKBA website states:

"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.".

With above guidance, can i apply for ILR in October You can begin to count your 5 year from EC stamp date in Oct 2007. Then count 28 days backward. This your 28 day window to apply. If yes, should i go for same day or send through postal route review pro-s and con-s of both and decide. I would opt for PEO/Same day, but it has to be your decision based on your facts, figures and circumstances.

Appreciate everyone help.

Kind Regards

Also note that if you choose to apply by PEO/same day, your booking window for appointment booking opens 6 weeks before your planned date of PEO/Same day application.

[vivekmarwah]

Thanks Nov. Please find attached my response.
I got HSMP in 31 Oct 2007 till 31 Oct 2009. I entered UK on 30 Dec 2007. Is it within 3 months from EC (YES).I applied extension - (Tier 1) 5 months (June 09) in advance of 31 Oct 2009 expiry and got it till 31 Oct 2012. Now i am falling short by 2 months for completing 5 year qualifying period if you count from your initial UK entry date (30 Dec 2007). I will complete 5 year qualifying period on 29 Dec 2012 as i first entered UK on HSMP Visa on 30 Dec 2007. My exits are no more than 50 days. My 2 month shortfall is due to the fact that i came two months after my Visa stamped date (concession available Yes, applicable, Yes) and also i applied 5 months in advance of my Visa extension (not an issue).

UKBA website has a guidance on applications falling short of 5 year qualifying period i.e.

The UKBA website states:

"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.".

With above guidance, can i apply for ILR in October You can begin to count your 5 year from EC stamp date in 31 Oct 2007. Then count 28 days backward. This your 28 day window to apply. If yes, should i go for same day or send through postal route review pro-s and con-s of both and decide. I would opt for PEO/Same day, but it has to be your decision based on your facts, figures and circumstances. – I called PEO office and the lady spoke with her senior and stated that same day ILR Visa in my case may not be applicable. However, with your guidance, it seems I am eligible for same day. Confused Appreciate everyone help.

Kind Regards

[wpilr_nov12]

There are few very recent examples of candidates being granted their ILR under circumstances similar to yours. Might be worth reviewing those to gain some insight/knowledge or to help you decide which way to go.

[jimmymcad]

That is a straighforward case, do not worry mate. Just apply using PEo option. Honestly you will find such cases if you search through properly.

[cs95tdg]

EC Date: 31 Oct 2007
Date of Entry: 30 Dec 2007
Based on the information you have provided above you should have no problem applying for ILR upto 28 days before 31 Oct 2012. I.e. 28 days before your 5th anniversary from EC. You can apply in-person at a PEO or via post, the choice is yours.

[vivekmarwah]

Dear All,

Thanks for your feedback. Now i am facing challenge getting a appointment. After searching the forum, it seems appointments are available after mid night. I will start trying to book them now. I just have one query: I called PEO office to check if they book appointment. They stated that you can book only after passing life in the UK test. I am giving it on 14 September. Does it mean i cannot book appointment before that date.

Please advise.

Kind Regards

[wpilr_nov12]

Dear All,

Thanks for your feedback. Now i am facing challenge getting a appointment. After searching the forum, it seems appointments are available after mid night. I will start trying to book them now. I just have one query: I called PEO office to check if they book appointment. They stated that you can book only after passing life in the UK test. I am giving it on 14 September. Does it mean i cannot book appointment before that date.Please advise.

Kind Regards

You can book appointment before LIUK. The two do not have anything to do with each other.

[vivekmarwah]

Dear wpilr_Nov12,

Thanks. I will get on with trying appointment dates at midnight starting today. I have one last query on income evidence. I have been working in UK continuosly since Jan 2008 till now.

From Jan 2008 till dec 2008, i was paid through my umbrella company. I got my Tier 1 extension based on those payslips.

From Jan 2009 till Jan 2012, i got paid through Payslip and Dividend through my limited Company.

From 30 Jan 12 till end Aug this year, i was in permanent job and my payslips have 40K gross salary in this year. I have again started working through limited company from September.

My query is that for ILR, i want to submit only my permanent salary slips as it is very clean, salary slip net goes into my personal bank account for which i will get my personal bank statements.

Now, to demonstrate continuous income, can i take letter from my Accountant showing my last 4 year filed return whcih will include my personal and company return. What options do i have to demonstrate continuous income. My accountand said that he can get a letter from HMRC showing my personal income above 40K for last 4 years. Should i also carry all my previous 4 years payslips and dividend vouchers.

Appreciate your opinion.

Kind Regards

[wpilr_nov12]

Dear wpilr_Nov12,

Thanks. I will get on with trying appointment dates at midnight starting today. I have one last query on income evidence. I have been working in UK continuosly since Jan 2008 till now.

From Jan 2008 till dec 2008, i was paid through my umbrella company. I got my Tier 1 extension based on those payslips.

From Jan 2009 till Jan 2012, i got paid through Payslip and Dividend through my limited Company.

From 30 Jan 12 till end Aug this year, i was in permanent job and my payslips have 40K gross salary in this year. I have again started working through limited company from September.

My query is that for ILR, i want to submit only my permanent salary slips as it is very clean, salary slip net goes into my personal bank account for which i will get my personal bank statements.

Now, to demonstrate continuous income, can i take letter from my Accountant showing my last 4 year filed return whcih will include my personal and company return. What options do i have to demonstrate continuous income. My accountand said that he can get a letter from HMRC showing my personal income above 40K for last 4 years. Should i also carry all my previous 4 years payslips and dividend vouchers.

Appreciate your opinion.

Kind Regards

Sorry, can't help you here, I am not familiar with this, not required in my cases....

[Nirrik]

Can you let us know what you decided in the end? did you get any further advice from the Home Office?

[vivekmarwah]

Dear Members,

After 1 hour of struggle last night, i was able to get Croydon appointment in October. I have taken appointment for my wife and daughter born in India.

I have not taken appointment for my daughter born in UK. Please confirm if i can apply for British Passport immediately after my ILR for my daughter born in UK.

Kind Regards

[wpilr_nov12]

Dear Members,

After 1 hour of struggle last night, i was able to get Croydon appointment in October. I have taken appointment for my wife and daughter born in India.

I have not taken appointment for my daughter born in UK. Please confirm if i can apply for British Passport immediately after my ILR for my daughter born in UK.

Kind Regards

Yes, you can apply immediately to register as a British Citizen, and subsequently apply for her UK passport. Current processing time for the entire process would be 4-5 months.

[GG2011]

With regards to income, your tax returns record from HMRC should be enough.