ILR Application - in doubt

[hitesh26881]

Hi Guys

Happy New Year

This is the last year in my HSMP/Tier 1 Tenure, However I am in a different scenario and I am in doubt if I can apply for ILR or Need another Tier 1 Extension.

Any inputs and information greatly appreciated.

HSMP Approval Letter : November 2007
Granted Entry Clearance : April 29th 2008 (3+2 Years)
Date Entered UK : 10th August 2008

No of Days outside and before entering UK : It is 103 days from the start date to the end date, but not including the end date Or 3 months, 12 days excluding the end date

HSMP to Tier 1 Extension : April 2010
Granted Tier 1 : Until 29th April 2013

No of Paid holidays till date : Around 90 Days

Question 1 : Is there any chance to apply for ILR

Question 2 : If not ILR , can I apply for Tier 1 Extension (2nd one)

Please help me asap

thanks

[wpilr_nov12]

Hi Guys

Happy New Year

This is the last year in my HSMP/Tier 1 Tenure, However I am in a different scenario and I am in doubt if I can apply for ILR or Need another Tier 1 Extension.

Any inputs and information greatly appreciated.

HSMP Approval Letter : November 2007
Granted Entry Clearance : April 29th 2008 (3+2 Years)
Date Entered UK : 10th August 2008 Your 5 year clock starts here.

No of Days outside and before entering UK : It is 103 days from the start date to the end date, but not including the end date Or 3 months, 12 days excluding the end date Not relevant, as you did not enter within 90 days of EC.

HSMP to Tier 1 Extension : April 2010
Granted Tier 1 : Until 29th April 2013 Still short of completing 5 years in 10 Aug 2013.

No of Paid holidays till date : Around 90 Days No Prob.

Question 1 : Is there any chance to apply for ILR NO

Question 2 : If not ILR , can I apply for Tier 1 Extension (2nd one) You probably could, depending on whether you meet all other requirments.

Please help me asap

thanks

[hitesh26881]

Hi

Thanks a Lot

All responses are fine.

The last one " Question 2 : If not ILR , can I apply for Tier 1 Extension (2nd one) You probably could, depending on whether you meet all other requirments." -- you mean the General Rules of Tier 1 Extension ?

I have met all the rules and I have got PBS : 100 points.

The only doubt I have is would UKBA allow us to apply for 2nd Tier 1 General Extension when we were few days short of continuous period for ILR ?

[wpilr_nov12]

Hi

Thanks a Lot

All responses are fine.

The last one " Question 2 : If not ILR , can I apply for Tier 1 Extension (2nd one) You probably could, depending on whether you meet all other requirments." -- you mean the General Rules of Tier 1 Extension ?

I have met all the rules and I have got PBS : 100 points.
The only doubt I have is would UKBA allow us to apply for 2nd Tier 1 General Extension when we were few days short of continuous period for ILR ?

You are not 'few days' short of coninuous period for ILR, rather good 3 months at least.

[hitesh26881]

Hi

3 month period (90 days) is allowed under UKBA rules to apply for ILR when counting days from the day the EC was granted and the day you were arrived in UK. if your length of stay outside UK is greater than 90 day period i.e 91 or 92 or 103 you should apply for "Temporary Extension" (provided counting days from grant of EC).

thanks

[cs95tdg]

I have met all the rules and I have got PBS : 100 points.

The only doubt I have is would UKBA allow us to apply for 2nd Tier 1 General Extension when we were few days short of continuous period for ILR ?

Yes. You may apply for as many T1G extensions as you wish, so long as you qualify.

Note that it is not a UKBA requirement that anyone who completes 5 years under the T1G route (or other economic migrant route) must apply for ILR to remain in the country. If they wish to, they may apply for T1G extensions without applying for ILR (E.g. if they have no intension of permanently settling in the UK.).

[wpilr_nov12]

Also you might want to explore this possibility -

You POST your T1 Extension application. And wait.

While waiting, you complete your 5 year requirement in August, presuming there is no decision yet on T1 Extension.

Would you then be able to 'vary' your application to ILR?

I am not fully conversant on the rules in this situation. But something worth exploring nonetheless.

[cs95tdg]

Also you might want to explore this possibility -

You POST your T1 Extension application. And wait.

While waiting, you complete your 5 year requirement in August, presuming there is no decision yet on T1 Extension.

Would you then be able to 'vary' your application to ILR?

I am not fully conversant on the rules in this situation. But something worth exploring nonetheless.

Yes, varying would be possible, if the OP is applying by post and a decision on the T1G application is not made by the time he/she becomes eligible for ILR. See Page 33 in the continuous residence guidance: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[hitesh26881]

Hi Guys

Thanks for the suggestions , I have 2 options now.

Risk Free strategy : Apply Tier 1 now (in January 2013) to avoid all risks instead of waiting until 29th of April 2013, get 2 years extension and then go for ILR

Risk bearing strategy : As you guys suggested apply for Tier 1 extension (in April) wait for the decision to be made and if not yet decided go for ILR.
Technically I can apply/change the vary the application before 28 days of my 5 year period

In the 2nd one how can we vary it ? is that we apply whole new set of applications and new Fee etc or UKBA will consider if we request them if we ask for changing of application ?
please throw some light.

[jara77]

Hi everyone,
Just got a bit of inquisitiveness that I have had in my mind whether I am eligible to apply for my ILR or not.

My spouse visa was issued on 23/11/2011 and I received it on 04/12/2011 and arrived here in the UK on 13/12/2011.

When will I become eligible to apply for my ILR?

Got some confusions as some one said that I can apply for ILR if I have stayed in the UK for 2 years or is it the usual 5 year period.

Any advice and suggestions are welcome.