Query regarding 5 years continuous stay for ILR

[shamsiqbal]

Hello,

I am having a query related to 5 years continous period requirement for obtaining ILR status. I had been granted HSMP status on 4th March 2008, when I was in Pakistan as I applied for it overseas. I entered UK for the first time after obtaining the HSMP status on 7th June 2008 (92 days after the issue of EC). As I was 2 days later than the 90 days grace period UKBA may grant to the applicants towards counting the 5 years continous stay in UK, I applied for the extension of my TIER 1 (General) visa and now my leave to remain in UK is till 15th November 2013.

My query is that though my visa is valid till 15 November 2013, my 5 years of contionous stay in UK will be completing on 7th June 2013, but will I be able to be considered by UKBA as a person on TIER 1 (General) visa who can apply for ILR even after running short of 90 or less days before the actual 5th anniversary of his arrival to UK on the basis of entering the UK late after obtaining entry clearance or should I be only eligible to apply on or 28 days before to 07th June 2013?

I am planning to apply for my ILR on 11th March 2013 ( 88 days from 7th June 2013 or 60 days if you consider that I am applying 28 days before the completion of my 5 years stay) at PEO, but want to clear this confusion as you can imagine that I do not want my application to get decilined on the basis that I have not completed the required period of stay in UK.

I shall be grateful to you if anyone with similar experience or aware of the answer please response to my query.

Regards,

Shams Iqbal

[Gagan1986]

If you enter within 90 days then the date considered for ILR will be the stamp date. If not then it will be the date you entered the country. As you enetered after 92 days, you will be eligible to apply on and after 28 days before 7th June 2013.

[uksettlement]

Hello,

I am having a query related to 5 years continous period requirement for obtaining ILR status. I had been granted HSMP status on 4th March 2008, when I was in Pakistan as I applied for it overseas. I entered UK for the first time after obtaining the HSMP status on 7th June 2008 (92 days after the issue of EC). As I was 2 days later than the 90 days grace period UKBA may grant to the applicants towards counting the 5 years continous stay in UK, I applied for the extension of my TIER 1 (General) visa and now my leave to remain in UK is till 15th November 2013.

My query is that though my visa is valid till 15 November 2013, my 5 years of contionous stay in UK will be completing on 7th June 2013, but will I be able to be considered by UKBA as a person on TIER 1 (General) visa who can apply for ILR even after running short of 90 or less days before the actual 5th anniversary of his arrival to UK on the basis of entering the UK late after obtaining entry clearance or should I be only eligible to apply on or 28 days before to 07th June 2013?

I am planning to apply for my ILR on 11th March 2013 ( 88 days from 7th June 2013 or 60 days if you consider that I am applying 28 days before the completion of my 5 years stay) at PEO, but want to clear this confusion as you can imagine that I do not want my application to get decilined on the basis that I have not completed the required period of stay in UK.

I shall be grateful to you if anyone with similar experience or aware of the answer please response to my query.

Regards,

Shams Iqbal

Unfortunately you cannot apply on 11th march as you technically do not Satisfy the rules. A PEO might consider your case but chances of them not considering are higher. I would advise you to apply 28 days before 7th June.

[shamsiqbal]

Thank you so much for your suggestion. I will do as per advised by you.