ILR Vs TIer1 extension

[guessmewhoswho]

Got HSMP on 5th June 2007 valid till 5th June 2009

Then I went to Croydon for tier-1 extension..on 14th May 2009

and My tier-1 general was approved from 14th May 2009 valid till 13th May 2012..

The UKBA and my solicitor told me that they should have given me the visa from 5th June 2009 till 5th June 2012 and NOT 14th May 2009 till 13th May 2012. They say that I become eligible on/after 7th May 2012 but since I do not have FIVE years complete VISA on my passport and have 21 days short, I need to apply for tier-1 general extension. I have booked an apppintment on 8th May for the Same day for ILR.

Please advise !

[linkers]

I think your HSMP dates are not correct. Are you sure it’s 5th June 2007 and not 2005 ?

[guessmewhoswho]

My HSMP is from 5th June 2007 till 5th June 2009 and Tier1 general from 14th May 2009 till 13th May 2012

[linkers]

If you entered the UK within 90 days of getting HSMP visa, you can apply for ILR 28 days before the 5th anniversary of your HSMP which is Tuesday, 8 May 2012.

http://www.timeanddate.com/date/dateadd ... &ad=28&aw=

[guessmewhoswho]

I got HSMP on 5th June 2007 valid till 5th June 2009 in the UK only.

Then I went to Croydon for tier-1 extension..on 14th May 2009

and My tier-1 general was approved from 14th May 2009 valid till 13th May 2012..

The UKBA and my solicitor told me that they should have given me the visa from 5th June 2009 till 5th June 2012 and NOT 14th May 2009 till 13th May 2012. They say that I become eligible on/after 7th May 2012 but since I do not have FIVE years complete VISA on my passport and have 21 days short, I need to apply for tier-1 general extension. I have booked an apppintment on 8th May for the Same day for ILR and need to post a separate FLR (M) for my wife before her Tier-1 dependent expires on 13th May 2012. So I need to get ILR before she can apply on FLR (M) as she has not completed 2 years in the UK.

Please advise whether my solicitor is fooling me for earning money from my application....

[timesofindia]

My HSMP is from 5th June 2007 till 5th June 2009 and Tier1 general from 14th May 2009 till 13th May 2012

I am in similar situation.. I had asked my company solicitors and they suggested that I have to extend because my Visa does not cover full 5 years.

The 90 days discretion is applicable when you have VALID Visa for full 5 years.
If you have Valid visa for 5 years & you entered the UK within 90 days from the Visa start date then your ILR eligibility starts from Visa start date and not the date you entered.

[linkers]

guessmewhoswho: you don’t need a 2nd extension. Your Tier-1 is valid until 13th May 2012 and you can apply on or after Tuesday, 8 May 2012.

So I don’t see any problem. It’s very unlikely that you will get PEO appointment on such a short notice (but you can always try) and you might have to send your application by post.

[guessmewhoswho]

Thank you very much. I have few friends who have applied on the same day but the case worker granted the leave with the start date of the initial HSMP expiry date. It JUST me who was given leave starting from the date of same day application.

I have managed to book an appointment on 8th May 2012.

[linkers]

That’s great. I am glad that you managed to book a slot for 08th May 2012.

[timesofindia]

My HSMP is from 5th June 2007 till 5th June 2009 and Tier1 general from 14th May 2009 till 13th May 2012

I am in similar situation.. I had asked my company solicitors and they suggested that I have to extend because my Visa does not cover full 5 years.

The 90 days discretion is applicable when you have VALID Visa for full 5 years.
If you have Valid visa for 5 years & you entered the UK within 90 days from the Visa start date then your ILR eligibility starts from Visa start date and not the date you entered.

Apologies, I got your dates wrong.
YOu can apply for ILR on or after "Tuesday, 8 May 2012" which is 28 days before first entry date and you have VALID visa as of the date of application.

I would suggest get all your documents ready and keep looking for online appointments. If you dont get it make sure you send your ILR application by post so that it reached UKBA before Visa Expiry date.

[scrapper]

guessmewhoswho Please share your PEO experience on this forum. It will help other members prepare for their PEO appointment.

[y.pango]

My HSMP/TIER1 lasted exactly 4 years and 11 months.... I had a ONE day window to apply and went to the Croydon PEO for my application EXACTLY 28 days prior to the 5 years. I received my ILR with no questions asked, but did bring along an email confirming it was ok for me to apply at exactly 4 years and 11 months.

I also found a reference/letter stating that we should have been provided with 5 years to begin with.

Click on the link for details:
http://pangosworld.blogspot.co.uk/2012/ ... onths.html

[guessmewhoswho]

Y-Pango and Linkers sage, I did email to UKBA public enquiry but unfortunately had received a long list of general answers and not specific to my issue.

I have a SET(O) appointment at Croydon on 8th May 2012.

Please let me know should the explaination saying it was not my mistake issues tier-1 general work or should draft something special?

Thanks.

[guessmewhoswho]

Can you please suggest on the explanation to UKBA - they issues the tier1 extension on the day of same day application?

[y.pango]

Y-Pango and Linkers sage, I did email to UKBA public enquiry but unfortunately had received a long list of general answers and not specific to my issue.

I have a SET(O) appointment at Croydon on 8th May 2012.

Please let me know should the explaination saying it was not my mistake issues tier-1 general work or should draft something special?

Thanks.

In my blog, I wrote that I also got a long generic response, but when I read it carefully, it stated: "If you have read this message and looked on the UK Border Agency website, but you have not found the information you require, please re-send your enquiry with "FAQ" in the subject/title line to: UKBApublicenquiries@ukba.gsi.gov.uk"

Try this as I followed these instructions and got an email response a day later.

From your information provided, I think you ARE able to apply as it is expiring within the 28 days of the 5 years.

I am not sure about your wife's situation though but the advice given sounds sensible... Get your ILR first, then post in a separate application before it expires. Generally speaking, the application is valid as soon as UKBA receive it; and generally the current VISA is valid until the new VISA is approved.

[rneeta]

Hi Timesofindia and Y-pango,

I read in this forum
http://www.immigrationboards.com/viewtopic.php?t=99707 PEO Belfast they told that 5yrs is counted after the date you enter not the date of visa stamp. How did you calculate your continuous 5 from visa stamp date or date of entry? It would be a great help

Thanks
Neeta

[timesofindia]

Checkout below docs

IMMIGRATION DIRECTORATE INSTRUCTIONS


modernised guidance


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. Caseworkers 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.

[nnj10]

Different people you speak to at UKBA will give you different answer (may be due to lack or training or whatever). But as timesofindia pointed out, according to modernised guidance, if you entered UK within 90 days of Entry Clearance then you can apply upto 28 days before the 5th Anniversary of EC.

[linkers]

Most of the applicants I have seen getting their ILRs approved in last few months (including myself) applied 28 days before the 5th anniversary of their EC dates.

To be honest, my case worker didn’t even ask me about this as this rule has been around for a while and they are pretty familiar with it.

As long as you entered within 90 days of getting Entry Clearance, you come under this rule.

[guessmewhoswho]

As Y-Pango suggested, I emailed my query to SettlementOpsPolicy@homeoffice.gsi.gov.uk and they sent me that I have to complete five years before settlement application -

PLEASE READ FROM BOTTOM TO TOP:

From: Settlement Ops Policy Mailbox <SettlementOpsPolicy@homeoffice.gsi.gov.uk>
Subject: RE: FAQ
Date: Monday, 30 April, 2012, 14:54

Further to my earlier response, if you have not completed 5 years continuous residence by 8th May 2012, but make an ILR application via the PEO, your application will fall for refusal. You have stated that you received your HSMP visa from 5 June 2007, therefore you will not complete the 5 year continuous period until 4 June 2012.

However, if you submit a postal application 28 days prior to 13 May 2012, you will have completed a 5 year period by the time your application is decided.

I hope this answers your question.

Regards
Ann
UK Border Agency – Settlement Ops Policy team
****************************
Hi Ann,

I apologise but there is still some confusion.

My HSMP started on 5th June 2007 so I complete 5 years on 5th June 2012.

As per the policy, I can apply for ILR before 28 days of the qualifying five years period, which is on or after 7th May 2012. Is my understanding correct?

************************

From: Settlement Ops Policy Mailbox <SettlementOpsPolicy@homeoffice.gsi.gov.uk>
Subject: RE: FAQ

Further to my earlier response, if you have not completed 5 years continuous residence by 8th May 2012, but make an ILR application via the PEO, your application will fall for refusal. You have stated that you received your HSMP visa from 5 June 2007, therefore you will not complete the 5 year continuous period until 4 June 2012.

However, if you submit a postal application 28 days prior to 13 May 2012, you will have completed a 5 year period by the time your application is decided.

I hope this answers your question.

Regards
Ann
UK Border Agency – Settlement Ops Policy team
*****************************************
To: Settlement Ops Policy Mailbox
Subject: RE: FAQ

Thank you - Please could you confirm whether I become eligible for ILR on 8th of May 2012?

Got HSMP in the UK from 5th June 2007 valid until 5th June 2009
I went to Croydon, PEO for the same day extension under tier-1 [general] on 14th May 2009 [within 28 days of my HSMP expiry date]
My tier-1 [general] was approved from 14th May 2009 valid till 13th May 2012.

I appreciate your response. thanks again.

************************************

From: Settlement Ops Policy Mailbox <SettlementOpsPolicy@homeoffice.gsi.gov.uk>
Subject: RE: FAQ

The period of leave is granted from date of decision. The caseworker processing an application for an extension of leave cannot assume that the applicant will go on to apply for settlement in the UK, therefore this is not a consideration for them, and no error was made on the part of UKBA in this regard.

If you intent to make an application for settlement at a PEO before you have completed the 5 year continuous period, you will not have met this requirement, and your application would be refused, regardless of the margin of the deficit.

Postal applications must be submitted no earlier than 28 days prior to the expiry of leave. Once the application is made, the applicant is covered by Section 3C leave, to ensure that at no point are they in the UK without lawful leave, as the decision process can take up to 6 months. The 28 day policy does not take into account the 5 year period, as when assessing whether the applicant has met this requirement, the caseworker counts backward from the date of decision (because the time spent on 3C leave must be counted towards the 5 year continuous period, due to the applicant not having their passport while the decision process is in progress).

I trust this is helpful.

Regards
Ann
UK Border Agency – Settlement Ops Policy team
********************************************
To: Settlement Ops Policy Mailbox
Subject: FAQ

Require urgent information BY 7th MAY 2012 about ILR and Tier-1(General) error

Dear UKBA,

· I got HSMP in the UK from 5th June 2007 valid until 5th June 2009
· I went to Croydon, PEO for the same day extension under tier-1
(G) on 14th May 2009
· My tier-1 [general] was approved from 14th May 2009 valid till
13th May 2012.

I have heard from the solicitors that UKBA should have given me the tier-1 visa from 5th June 2009 till 5th June 2012 and NOT from 14th May 2009 till 13th May 2012. They say that I become eligible on/after 7th May 2012 but have 23 days short of the FIVE years qualifying period. They stated the visa issuance has an error.

[timesofindia]

As Y-Pango suggested, I emailed my query to SettlementOpsPolicy@homeoffice.gsi.gov.uk and they sent me that I have to complete five years before settlement application -

PLEASE READ FROM BOTTOM TO TOP:

From: Settlement Ops Policy Mailbox <SettlementOpsPolicy@homeoffice.gsi.gov.uk>
Subject: RE: FAQ
Date: Monday, 30 April, 2012, 14:54

Further to my earlier response, if you have not completed 5 years continuous residence by 8th May 2012, but make an ILR application via the PEO, your application will fall for refusal. You have stated that you received your HSMP visa from 5 June 2007, therefore you will not complete the 5 year continuous period until 4 June 2012.

However, if you submit a postal application 28 days prior to 13 May 2012, you will have completed a 5 year period by the time your application is decided.

I hope this answers your question.

Regards
Ann
UK Border Agency – Settlement Ops Policy team
****************************
Hi Ann,

I apologise but there is still some confusion.

My HSMP started on 5th June 2007 so I complete 5 years on 5th June 2012.

As per the policy, I can apply for ILR before 28 days of the qualifying five years period, which is on or after 7th May 2012. Is my understanding correct?

************************

From: Settlement Ops Policy Mailbox <SettlementOpsPolicy@homeoffice.gsi.gov.uk>
Subject: RE: FAQ

Further to my earlier response, if you have not completed 5 years continuous residence by 8th May 2012, but make an ILR application via the PEO, your application will fall for refusal. You have stated that you received your HSMP visa from 5 June 2007, therefore you will not complete the 5 year continuous period until 4 June 2012.

However, if you submit a postal application 28 days prior to 13 May 2012, you will have completed a 5 year period by the time your application is decided.

I hope this answers your question.

Regards
Ann
UK Border Agency – Settlement Ops Policy team
*****************************************
To: Settlement Ops Policy Mailbox
Subject: RE: FAQ

Thank you - Please could you confirm whether I become eligible for ILR on 8th of May 2012?

Got HSMP in the UK from 5th June 2007 valid until 5th June 2009
I went to Croydon, PEO for the same day extension under tier-1 [general] on 14th May 2009 [within 28 days of my HSMP expiry date]
My tier-1 [general] was approved from 14th May 2009 valid till 13th May 2012.

I appreciate your response. thanks again.

************************************

From: Settlement Ops Policy Mailbox <SettlementOpsPolicy@homeoffice.gsi.gov.uk>
Subject: RE: FAQ

The period of leave is granted from date of decision. The caseworker processing an application for an extension of leave cannot assume that the applicant will go on to apply for settlement in the UK, therefore this is not a consideration for them, and no error was made on the part of UKBA in this regard.

If you intent to make an application for settlement at a PEO before you have completed the 5 year continuous period, you will not have met this requirement, and your application would be refused, regardless of the margin of the deficit.

Postal applications must be submitted no earlier than 28 days prior to the expiry of leave. Once the application is made, the applicant is covered by Section 3C leave, to ensure that at no point are they in the UK without lawful leave, as the decision process can take up to 6 months. The 28 day policy does not take into account the 5 year period, as when assessing whether the applicant has met this requirement, the caseworker counts backward from the date of decision (because the time spent on 3C leave must be counted towards the 5 year continuous period, due to the applicant not having their passport while the decision process is in progress).

I trust this is helpful.

Regards
Ann
UK Border Agency – Settlement Ops Policy team
********************************************
To: Settlement Ops Policy Mailbox
Subject: FAQ

Require urgent information BY 7th MAY 2012 about ILR and Tier-1(General) error

Dear UKBA,

· I got HSMP in the UK from 5th June 2007 valid until 5th June 2009
· I went to Croydon, PEO for the same day extension under tier-1
(G) on 14th May 2009
· My tier-1 [general] was approved from 14th May 2009 valid till
13th May 2012.

I have heard from the solicitors that UKBA should have given me the tier-1 visa from 5th June 2009 till 5th June 2012 and NOT from 14th May 2009 till 13th May 2012. They say that I become eligible on/after 7th May 2012 but have 23 days short of the FIVE years qualifying period. They stated the visa issuance has an error.

Send them the link to the guidance on UKBA website.