Indefinite Leave To Remain - eligibility query

[smb]

I was on WP since 15 Nov 2003.
I moved to HSMP status 13th October 2006. FLR which is valid for 2 years.

This brings me to 5yrs criteria in Nov 15 2008 . Considering I can apply 28days before expiry of current FLR, I can get Indefinite leave to remain, if I go PEO around 15 October 2008

There is one point, my HSMP extension will have to be sent 1month before expiry , hence it should be in around 15th September 2008

Is it possible I can delay submission of my HSMP extension ? Or will I be entertained to come earlier that 28 days for Indefinite Leave to remain stamp ?

Pls help , if anyone has gone through similar situation.

[John]

So your current visa expires on 13.10.08? If so you must apply for you new visa before that date.

You mention going to the PEO, but I would not recommend that. If I were you I would post the application .... Sepcial Delivery ... on Saturday 11.10.08. That is, the application is made prior to the expiry date of the existing visa .... very important.

Also, and quite deliberately, pay by cheque, rather than by credit or debit card. That is ensure that the payment clearance process takes a few days. In this way the papers will remain in Durham (or wherever they are processing the payments then) for a few days before they get passed to a "real office" for processing, and by then you will be well within 28 days of the completion of your 5 year period.

Of course you will need to pass the Citizenship Test before you make your ILR application.

[ajani]

John,
I personally think the date the application is received at the payment centre is important here. It does not matter if the payment takes one day or two weeks to process, when it eventually gets to the 'real office', they will take into consideration the day of receipt of application.
What do you think?

[John]

I personally think the date the application is received at the payment centre is important here.

Then sorry to say, you are wrong. As regards visa applications it is the date of posting that counts, not the date of receipt. And yes they do retain the envelopes.

Compared to .... for Citizenship applications ... it is the date of receipt that counts as the date of application.

[ajani]

John,
Thanks for the clarification.

[smb]

Does that mean, I will have to apply extension for HSMP which will be for 3yrs.

And then can apply to ILR straight away once passport are received after stamping with HSMP FLR.

Catch here is just for 4 days.

Will ILR team not be considering my application say 30 days before 5 yrs completion ?

Has anyone have had similar situation ? What was outcome ?