ILR-28days 5th Anniversary Query

jspsandhu · Post by **jspsandhu** » Thu Sep 13, 2012 3:26 pm

Hi,

Seems a bit dumb but here is my scenario :-

Entered UK 15th NOV 2007 as HSMP
Current Visa Tier-1 expires 18th Oct 2012

Is this exactly 28 days and I should be eligible to apply for ILR or this is one day short

I have seen on the board mention that the date when you complete 5 years is 15th Nov - 28 days and that is 19th October and am I correct that I will have to apply for extension and then ILR ?

Where is this mentioned that you can apply 28 days in advance ? I cannot find this either on the UKBA site but could only locate this here on immigrationboards...

Please help..

Regards
Jas

wpilr_nov12 · Post by **wpilr_nov12** » Thu Sep 13, 2012 4:40 pm

jspsandhu wrote:Hi,

Seems a bit dumb but here is my scenario :-

Entered UK 15th NOV 2007 as HSMP
Current Visa Tier-1 expires 18th Oct 2012

Is this exactly 28 days and I should be eligible to apply for ILR or this is one day short

I have seen on the board mention that the date when you complete 5 years is 15th Nov - 28 days and that is 19th October and am I correct that I will have to apply for extension and then ILR ?

Where is this mentioned that you can apply 28 days in advance ? I cannot find this either on the UKBA site but could only locate this here on immigrationboards...

Please help..

Regards
Jas

Set O guide.

tier1Reading · Post by **tier1Reading** » Thu Sep 13, 2012 5:23 pm

@jspsandhu... can you let us know the date of visa stamping. Its 28 days before the 5th anniversary of visa stamping date (if you have entered within 90 days of visa stamping date).

uksettlement · Post by **uksettlement** » Thu Sep 13, 2012 5:32 pm

Hi jspsandhu,

http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf look at page 3

Also, the 28 days discretion applies to people who would be completing 5 years on the hsmp / tier 1 and tier 2 visas. As you wont be completing full 5 years hence I am not sure what would happen in this case.

Maybe someone else in the forum could clarify the same.

Sphinxed · Post by **Sphinxed** » Thu Sep 13, 2012 11:33 pm

Hi,

Let me offer my two pence worth of info...based on the guidance form, the 5 year qualifying period for you is 5 years from the day you entered the UK i.e 15th of Nov 2012.

But you can apply no more than 28 days to that day..which is 18th of October, 2012 using the calculator here - http://www.timeanddate.com/date/dateadd ... &ad=28&aw=

However, there are instances on the forum whereby some folks have had this "waived" by some days, you will have to search.

But my best advice to you is to call or email the HO as soon as practicable to get proper clarification on when to submit.

Best wishes.

arifahmmed · Post by **arifahmmed** » Thu Sep 13, 2012 11:55 pm

Hi jspsandhu:
Hello pal

As tier1Reading said two major information of your immigration history is missing here. So no one could able to answer your question specific.
When is your Hsmp visa (Entry clearence) stamp date.
when did your tier 1 extension.
We knew you Entered UK 15th NOV 2007 as HSMP
Current Visa Tier-1 expires 18th Oct 2012.
Thanks
Arif

jspsandhu · Post by **jspsandhu** » Fri Sep 14, 2012 12:15 am

I thought that HSMP time spent ~2 years ( 15 Nov 2007 - 18th Oct 2009 ) and Tier-1 general ~3 years on Nov 15th 2012 both would count for the 5 year settlement or is this not the case ?

So I got the Visa HSMP 18th OCT 2007
Entered UK 15th NOV 2007
Renewed Tier-1 date 18th Oct 2009 for 3 years till 18th Oct 2012 as there was no HSMP then...
For the Whole time have been in full time employment in the UK and still employed.

Please let me know if settlement is the way forward or renewal... and then settlement..??

Another annoying thing is the UKBA site it does not allow you to book any appointments have been trying for the last 5 days every night at midnight...after reading guidance from other posts..

Would probably go the solicitor way ....but would appreciate some guidance here...

Thanks all for their posts but they all are saying different things here....

Regards,
Jas

wpilr_nov12 · Post by **wpilr_nov12** » Fri Sep 14, 2012 12:32 am

Read this document http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary especially page 4 first para.

cs95tdg · Post by **cs95tdg** » Fri Sep 14, 2012 9:42 am

jspsandhu wrote:So I got the Visa HSMP 18th OCT 2007
Entered UK 15th NOV 2007
Renewed Tier-1 date 18th Oct 2009 for 3 years till 18th Oct 2012 as there was no HSMP then...
For the Whole time have been in full time employment in the UK and still employed.

Please let me know if settlement is the way forward or renewal... and then settlement..??

Another annoying thing is the UKBA site it does not allow you to book any appointments have been trying for the last 5 days every night at midnight...after reading guidance from other posts..

You can apply for ILR upto 28 days before your 5th anniversary from date of EC. I.e. 18th Oct 2012 - 28 days.

If you read other forum user experiences on when to book an appointment online, you'll notice that appointments appear 42 days in advance and that the time you need to login and try to book them is around midnight as appointments are scarce and also get booked quickly. Perseverance appears to be the key. Additionally if you need an appointment urgently applying via a solicitor may be an alternative option.

rkrohela · Post by **rkrohela** » Thu Sep 20, 2012 7:10 am

The above information is really helpful in working out 28 days for ILR.

I have worked out the dates in my own case using the link shared, but just for my peace of mind I am posting this to get some guidance from experienced guru/senior members.

My details:

First entry into the UK under HSMP.

30 Nov 2012

Tier 1 HSM valid until 30th Nov 2012.

According to www.timendate.com, 28 days prior is coming out to be 2nd of November, which is a Friday. Is that correct as per how they calculate at UKBA?

Many thanks for the help!

nmm · Post by **nmm** » Thu Sep 20, 2012 2:28 pm

People are still confused about the late entry, there are lots of discussions already and people have got ILR in spite of late entry.
Please check:

http://www.immigrationboards.com/viewto ... ous+period

http://www.immigrationboards.com/viewto ... highlight=

http://www.immigrationboards.com/viewto ... highlight=

http://www.immigrationboards.com/viewto ... topspolicy

IS THERE STILL ANY CONFUSION ?

nmm · Post by **nmm** » Thu Sep 20, 2012 2:33 pm

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

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.[/u]

yallow · Post by **yallow** » Thu Sep 20, 2012 10:18 pm

nmm, the confusion is because of the "before their current leave expires" bit. Some people's current leave doesn't expire before completing 5 years (such as in this case) so they think this rule doesn't apply to them.

rkrohela · Post by **rkrohela** » Thu Oct 04, 2012 7:26 pm

Folks,

Apologies for a query late in the day, but it is URGENT for me.

I was granted entry clearance on 1st Nov, but I entered UK on 30 Nov 2007.

I understand I will be covered by the 5 year rule concession, but to complicate the issue, my current leave does not run out until the 30 Nov 2012. (At the time of my extension, I was effectively given a 30day grace period so as to let me complete full 5 years)

Now I am applying on 05 Oct for the ILR, which is within 28 days before 1st Nov, I.e. my visa stamping/entry clearance date.

Is this going to be ok, or will I have to count 28 days before the current leave expires on 30 Nov?

Sages/experienced members please guide, as I am applying tomorrow!

wpilr_nov12 · Post by **wpilr_nov12** » Thu Oct 04, 2012 10:05 pm

Rohit (the purohit), in your kind of situation, my plan would be to book a second appointment as Plan B to go with your actual 5 yrs date.

Having said that, there have been a couple of applicants in your kind of situation who successfully applied on 5 yrs based on visa stamp date.

If there is an option (and that would require some negotiation) to get their opinion on this matter tomorrow prior to making the payment, I would explore that at the PEO tomorrow.

Good luck

rkrohela · Post by **rkrohela** » Fri Oct 05, 2012 5:26 am

Hello wpilr,

Many thanks for your reply. I will try to negotiate at the PEO.

Can you point me to the posts relating similar experience as my case(extra leave after 5 years from entry clearance?

Any members who have had a similar case perhaps?

Thanks again!

cs95tdg · Post by **cs95tdg** » Fri Oct 05, 2012 10:11 am

rkrohela wrote:Folks,

Apologies for a query late in the day, but it is URGENT for me.

I was granted entry clearance on 1st Nov, but I entered UK on 30 Nov 2007.

I understand I will be covered by the 5 year rule concession, but to complicate the issue, my current leave does not run out until the 30 Nov 2012. (At the time of my extension, I was effectively given a 30day grace period so as to let me complete full 5 years)

Now I am applying on 05 Oct for the ILR, which is within 28 days before 1st Nov, I.e. my visa stamping/entry clearance date.

Is this going to be ok, or will I have to count 28 days before the current leave expires on 30 Nov?

Sages/experienced members please guide, as I am applying tomorrow!

One point to bare in mind is that if you have switched immigration categories in-country, e.g. WP to HSMP/Tier 1 then the 3 month concession would not apply. See... http://www.immigrationboards.com/viewto ... ht=#703634

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