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2+3 yrs visa seems to be 3 days short!!!

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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black_bird
Junior Member
Posts: 53
Joined: Tue Dec 18, 2012 11:53 pm

2+3 yrs visa seems to be 3 days short!!!

Post by black_bird » Wed Dec 19, 2012 12:16 am

Due to apply for ILR after 5 years wait , mid year next year, but I discovered my visa seems to be 3 days short!!!

visa application sent out beginning of April 2008,switched from 1 years on working holiday visa.
HSMP visa valid from 13 Jun 08 to 09 Jun 2010
extended to tier1 to 09 Jun 2013

does that mean I am missing 10th,11th and 12th of Jun? I presume I can still apply for ILR? Or I would need to apply for leave to remain again for the 3 days and then change to indefinate leave to remain?

If I am okay to apply for ILR, regarding to the 28 days rule is it correct that I can apply on the 16th of May?(counting back from the 13th of Jun, or perhaps 3 days earlier?:)

another question on life in the UK test, if I fail I presume we are allowed to resit unlimited times?


=====================================================
Q3 - When does my ILR qualifying period start?
There are two scenarios. One is that ILR qualifying visa (e.g. Work Permit, Tier 1, HSMP, etc) was obtained by switching into that category from another visa whilst still in UK. Second is that ILR qualifying visa was obtained out of country. For first case ILR clock starts from the day the passport was stamped with that visa. For second case ILR clock starts from the day when applicant first entered UK on that qualifying visa. E.g. If someone got Tier 1 visa from out of UK on 1st February 2006 and entered the UK for first time on 20th February 2006, then ILR clock starts from 20th February 2006.

Q4 - What is the earliest day I can apply for ILR?
One can apply no earlier than 28 days before the 4th (HSMP before 03-Apr-06) / 5th (other economic migrants) anniversary of either date of entry in the UK (overseas applications) or date of switching (in-country applications) as a economic migrant in a category that leads to settlement. In all cases, one must apply for ILR or for another visa before expiry of current visa.
Use the date calculator to ascertain the "28 days window".

[iD]
Senior Member
Posts: 857
Joined: Sat Sep 29, 2007 1:36 am

Re: 2+3 yrs visa seems to be 3 days short!!!

Post by [iD] » Wed Dec 19, 2012 4:34 am

black_bird wrote:Due to apply for ILR after 5 years wait , mid year next year, but I discovered my visa seems to be 3 days short!!!

visa application sent out beginning of April 2008,switched from 1 years on working holiday visa.
HSMP visa valid from 13 Jun 08 to 09 Jun 2010
extended to tier1 to 09 Jun 2013

does that mean I am missing 10th,11th and 12th of Jun? I presume I can still apply for ILR? Or I would need to apply for leave to remain again for the 3 days and then change to indefinate leave to remain?
No you're fine there, can apply for ILR when 28 days before completing your 5 years.

If I am okay to apply for ILR, regarding to the 28 days rule is it correct that I can apply on the 16th of May?(counting back from the 13th of Jun, or perhaps 3 days earlier?:)
If you entered in the UK within 90 days of start date of your HSMP OR was already in the country then to apply within 28 days from completion of 5 years.

another question on life in the UK test, if I fail I presume we are allowed to resit unlimited times?
Yes
Goodluck.

sh1981
Member of Standing
Posts: 290
Joined: Sun Nov 18, 2012 9:50 pm

Re: 2+3 yrs visa seems to be 3 days short!!!

Post by sh1981 » Wed Dec 19, 2012 8:58 am

13/06/2008
09/06/2013
= 1822 Days

1822 Days / 5 Years = 364.4 Days per year

Total: 4 years, 11 months, 27 days

So you are not 3 days short as its equal to around 365 days per year in total.


black_bird wrote:Due to apply for ILR after 5 years wait , mid year next year, but I discovered my visa seems to be 3 days short!!!

visa application sent out beginning of April 2008,switched from 1 years on working holiday visa.
HSMP visa valid from 13 Jun 08 to 09 Jun 2010
extended to tier1 to 09 Jun 2013

does that mean I am missing 10th,11th and 12th of Jun? I presume I can still apply for ILR? Or I would need to apply for leave to remain again for the 3 days and then change to indefinate leave to remain?

If I am okay to apply for ILR, regarding to the 28 days rule is it correct that I can apply on the 16th of May?(counting back from the 13th of Jun, or perhaps 3 days earlier?:)

another question on life in the UK test, if I fail I presume we are allowed to resit unlimited times?


=====================================================
Q3 - When does my ILR qualifying period start?
There are two scenarios. One is that ILR qualifying visa (e.g. Work Permit, Tier 1, HSMP, etc) was obtained by switching into that category from another visa whilst still in UK. Second is that ILR qualifying visa was obtained out of country. For first case ILR clock starts from the day the passport was stamped with that visa. For second case ILR clock starts from the day when applicant first entered UK on that qualifying visa. E.g. If someone got Tier 1 visa from out of UK on 1st February 2006 and entered the UK for first time on 20th February 2006, then ILR clock starts from 20th February 2006.

Q4 - What is the earliest day I can apply for ILR?
One can apply no earlier than 28 days before the 4th (HSMP before 03-Apr-06) / 5th (other economic migrants) anniversary of either date of entry in the UK (overseas applications) or date of switching (in-country applications) as a economic migrant in a category that leads to settlement. In all cases, one must apply for ILR or for another visa before expiry of current visa.
Use the date calculator to ascertain the "28 days window".
---
ILR Submit: 05/12/2012
Spouse Visa Exp: 09/12/2012
Ack Rec'd: 12/12/2012
Bio Rec'd: 10/01/2013
Bio Done: 10/01/2013
ILR Approval letter: 05/03/2013
Bio RP Rec'd: 06/03/2013
Current Stat: Settled
My Blog: uk-spouse-visa.blogspot.com

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