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Continuous Period Calculation for HSMP + Tier 1 General

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Schek
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Posts: 14
Joined: Mon Jan 21, 2013 1:25 pm

Continuous Period Calculation for HSMP + Tier 1 General

Post by Schek » Mon Jan 21, 2013 4:58 pm

Hi,

I got my first entry clearance through HSMP from India as below :
Valid From : 15/04/2008
Valid Till : 15/04/2010

My first Arrival date to UK : 6th of June 2008 ( After 50 days of Entry Clearance Date)

My Next Extension - I have received Tier 1 General Visa
Visa : Tier 1 (General) Migrant
Valid From : 23/04/2010
Valid Till : 23/04/2013

So in short :

1. My first Entry clearance was from 15th April 2008 and valid until 15th April 2010 (HSMP).
2. I came to UK on 6th of June 2008 and my qualifying period to complete 5 years will start from 6th June 2008 until 6th June 2013 ( My guess)
3. Since I can apply for ILR, 28 days before which makes that I have to Apply on 9th of May 2013.
4. But my present Tier 1 general visa expires on 23rd April which is 15 days before my applications to ILR.

My Questions :
1. Am I eligible for applying ILR. If so when I need to apply?
2. Do I need to extend my visa and apply for ILR again after 15 days?

I'm confused. Please help me.

Thanks in advance.

Shekar
Last edited by Schek on Tue Jan 22, 2013 9:57 am, edited 1 time in total.

onabanjo
Member
Posts: 194
Joined: Wed Oct 24, 2012 4:55 pm
Location: UK

Continuous Period Calculation for HSMP + Tier 1 General

Post by onabanjo » Mon Jan 21, 2013 7:04 pm

In line with the current immigration rules, your 5th year anniversary in uk is 14th April 2013 .Given the fact that the period between your Visa clearance date and date of your first entry to UK was less than 90days ,you can apply for your ILR 28days before the 5th anniversary, that is 14TH APRIL 2013,of your continuous stay in UK.

This means the effective date of your stay started from the VISA clearance date and not necessarily the date of your first entry in UK .

Thank you.
Disclaimer: I am no immigration lawyer nor am I OISC qualified. Don't treat my advice as a substitute for legal opinion.

abc111
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Posts: 298
Joined: Mon Apr 04, 2011 12:07 pm

Re: Continuous Period Calculation for HSMP + Tier 1 General

Post by abc111 » Mon Jan 21, 2013 7:41 pm

onabanjo wrote:In line with the current immigration rules, your 5th year anniversary in uk is 14th April 2013 .Given the fact that the period between your Visa clearance date and date of your first entry to UK was less than 90days ,you can apply for your ILR 28days before the 5th anniversary
Reference?!

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Re: Continuous Period Calculation for HSMP + Tier 1 General

Post by cs95tdg » Mon Jan 21, 2013 8:07 pm

Schek wrote:I got my first entry clearance through HSMP from India as below :
Valid From : 15/04/2008
Valid Till : 15/04/2010

My first Arrival date to UK : 6th of June 2008 ( After 50 days of Entry Clearance Date)
It would help if you read the FAQ sticky thread available under this forum to determine the answer to this yourself. I see the same question asked repeatedly by many, with no effort to read the information already available on this forum, which is quite unfortunate. My advice, read whats readily available before posting...

http://www.immigrationboards.com/viewtopic.php?t=79378
Q3,4,5

Schek
Newly Registered
Posts: 14
Joined: Mon Jan 21, 2013 1:25 pm

Thanks for the information

Post by Schek » Tue Jan 22, 2013 10:03 am

Thanks a lot for all the replies and references provide.

I did go through some of the earlier links before posting for help. Actually before posting I called up UKBA on 0870 606 7766. The lady who picked up the call said that my 5 year completion is on 6th of June 2013 and I can apply before 28days for ILR ( Which is May 9th 2013). But my visa expires on 23rd April 2013. So, I need to apply for my extension first and then any days after 15 days I can apply again for ILR.

I have told her 90 days rule and then she said it's not for my scenario where I got initial 2 years visa. This 90 days rules is for 5 years visa. She confused me.

I'm going to call again and reconfirm with them. All your inputs are pretty useful to present my case.

I will post what she says again.

Thanks again.

Shekar

Schek
Newly Registered
Posts: 14
Joined: Mon Jan 21, 2013 1:25 pm

Post by Schek » Tue Jan 22, 2013 10:23 am

Thanks guys for all the input. I called UKBA today again and they confirmed that 90 days rule applies for me and I can apply for ILR.

This site rocks. All gurus are really fantastic and lot of information to read.

Thanks :)

wpilr_nov12
Diamond Member
Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Post by wpilr_nov12 » Tue Jan 22, 2013 10:33 am

Schek wrote:Thanks guys for all the input. I called UKBA today again and they confirmed that 90 days rule applies for me and I can apply for ILR.

This site rocks. All gurus are really fantastic and lot of information to read.

Thanks :)
If you call UKBA a third time, you will probably get a different answer.

Don't be tempted to listen to what you want to hear...
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

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