can i apply for ILR - i first arrived 3months late on HSMP

[razs]

Hi All,
I am a currently a Tier 1 - General Migrant and my visa is going to expire in Feb-2013

Please advise on following

HSMP visa issued on 15-Feb-2008 (valid until 15-Feb-2010)
First time Arrived in the UK 16-May-2008

Unfortunately my 14-May-2008 flight was cancelled by the airline and i had to travel on 16-May-2008

(I've got that 14-May-2008 ticket with me if that helps)

Will i be considered exactly 3 months late (15-Feb-2008 to 15-May-2008)
and not a single day above that, because arrived on 16-May-2008?

I hope 3 months consideration is outlined in this document under section "Exceptional discretion in cases where a continuous period has been broken"
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Other details which might be helpful are as follows

Tier 1 - General Visa valid until Feb-2013


Absence during Reason for absence Days Days in total
---------------- ------------------ ---- -------------
Feb-Mar-2009 annual leave 18 18
Feb-Mar-2010 annual leave 29 47
Nov-Dec-2010 annual leave 30 77
Feb-2011 annual leave 12 89
Apr-May-2011 annual leave 15 104
Feb-Mar-2012 annual leave 29 133

All these annual leaves are under the annual holiday allowance

Can i apply for ILR in this case?
or Do i need to apply for Tier 1 General Extension for another 3 months to complete 5 years

If i apply for ILR then what visa my wife should apply as she has arrived on in March 2012 and has not completed 2 years to be able to apply for ILR?

Many Thanks

[hijigu]

You can give it a go but its entirely discretionary and upto the case worker. He may refer it to senior officer but I do believe that they need full 5 years.

[wpilr_nov12]

The exact wordings (as relevant) of the 3 month concession is "...You 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".

1. You have not been 'longer than' three months.
2. 16th counts as 'in UK' day.
3. You had all intentions to travel within the 3 month per your ticket for 14th.

You have advantage on technicality. However, to further convince the CW, a proof that your flight was cancelled might be helpful, to accompany your ticket for 14th.

Re your other questions, read http://www.immigrationboards.com/viewtopic.php?t=79378

[razs]

Thanks wpilr_nov12,
This looks encouraging but i know it is a chance as hijigu has rightly pointed out.

So if i apply for ILR, should i go for Premium service at PEO?

What if i go for postal application for ILR and suppose they reply in 5 months time and reject the ILR,
would i be able to apply for Tier1 General Extension then or will there be no time for that as well?
Sorry but i am confused over this!

Many Thanks