ILR Eligibility

willco · Post by **willco** » Mon Feb 25, 2013 9:11 pm

Hi All,

I hope someone will be able to clarify if I can apply for ILR say on 4th March.

Entry Clearance under HSMP from: 12 Jan 2008

First Entry into UK: 17 April 2008

Tier 1 Extension in Feb 2010: Extended to 17 March 2013

I entered the UK after 96 days. But when I extended my visa, due to Home Office processing delay, it was extended to 17 March 2013.

I want to apply in early March for ILR if I can get an appointment. But technically, I am about 1.5 months from the 5 year period.

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. 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.
This discretion only applies where the continuity of residence has been broken due to absences abroad. It does not apply where the lawfulness of residence in the UK has been broken, in other words where the applicant has overstayed during the five years.

Does this apply to me. Can I consider myself being here already for 4 years and 11 months ? or do I need to apply for another extension ?

Your advice will be grateful. Thanks in advance

wpilr_nov12 · Post by **wpilr_nov12** » Mon Feb 25, 2013 9:41 pm

The above concession does not apply to you

willco · Post by **willco** » Mon Feb 25, 2013 11:48 pm

If I put in my application on 17 March 2013, one month before my 5 years, can I still make the cut for ILR ?

Gagan1986 · Post by **Gagan1986** » Mon Feb 25, 2013 11:59 pm

willco wrote:If I put in my application on 17 March 2013, one month before my 5 years, can I still make the cut for ILR ?

You can only apply 28 days before the completion of 5 years. Still short of 2 days

willco · Post by **willco** » Tue Feb 26, 2013 12:42 am

Are they that strict ?

If I send it by post, by the time they receive and start processing it, it will be within the 28 days. Will this be possible, or is it too risky, or no chance ?

wpilr_nov12 · Post by **wpilr_nov12** » Tue Feb 26, 2013 9:57 pm

willco wrote:Are they that strict ?

If I send it by post, by the time they receive and start processing it, it will be within the 28 days. Will this be possible, or is it too risky, or no chance ?

You can try. After all humanity progresses with one person willing to go against all odds, against all wisdom.

Post by **vinny** » Tue Feb 26, 2013 10:01 pm

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ILR Eligibility

ILR Eligibility