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Help Needed - ILR

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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jd
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Help Needed - ILR

Post by jd » Tue Feb 06, 2007 12:20 pm

Here is case in which I'm very much confused.

If someone get initial visa for 2 years and enter UK after 3 months of EC.
After that apply for an extension and get for 3 more years.

Now the question is what should he do for ILR? as he has spent total 4 years and 8-9 months in UK and as per rule one need to be atleast 4 years and 11 months.

Please advise can he apply for indefinite leave now or should he apply for another extension?

Thanks in advance.

jd
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Post by jd » Wed Feb 07, 2007 1:44 pm

anybody please....

T_mahmood
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Post by T_mahmood » Wed Feb 07, 2007 1:55 pm

as per my understanding he should apply for ILR...not extention...and it should be 6 weeks before your visa expires...
jd wrote:anybody please....

HSMP MESS
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reply re ilr

Post by HSMP MESS » Wed Feb 07, 2007 6:40 pm

Ideally we are supposed to apply after 4 YEARS 11 months
But in your case you may get an exception as you have done 4yrs 8 months
Try your luck
or apply thru a lawyer
Some cases I heard about applied for Furrther leave to remain for another year and as soon as they completed 5 YEARS APPLIED FOR ILR
In your case you need to wait for another 3 months and then apply for ILR

webhunter
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Post by webhunter » Wed Feb 07, 2007 7:42 pm

i am sure there must be some exceptions, what about people going back home for a month once in a year. So in that case, after 5 years, they would have actually lived in the UK for only 4 years 7 months, how are these vacations considered?>

sunil.suneel
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Post by sunil.suneel » Thu Feb 08, 2007 3:50 am

Can we get some expert advice on this ..

Please some one give us a clear picture as to whats the exact crieteria for ILR and what could be the possible exceptions ....

Thanks in advance ..... :-)

olisun
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Joined: Mon Oct 14, 2002 2:01 am

Post by olisun » Thu Feb 08, 2007 11:06 am

webhunter wrote:i am sure there must be some exceptions, what about people going back home for a month once in a year. So in that case, after 5 years, they would have actually lived in the UK for only 4 years 7 months, how are these vacations considered?>
The scenario you have mentioned is common one and is different to the one as posted by the OP.

The rule says one cannot be out of the UK for more than "n" no of days (I think it's 180 days) in the first 5yrs leading to ILR and going for a months holiday / business trips are acceptable.

The OP's question was what if the current VISA runs short of the 5yr (4 yrs 11 month) mark and my understanding is the OP will have to apply for an extension before applying for ILR assuming he satisfies all the requirements for ILR. Because the ILR clock starts from the day one enters the UK and the OP has not completed 4yrs 11months stay in the UK including the holidays / business trips he has made.

T_mahmood suggested that the OP can apply for ILR 6 weeks before the current visa expires. But if you do the calculations, out of the 4yrs 9 months stay (current duration of the validity of the visa) if the OP has to apply 6 weeks (1.5 months) before his current visa expires, that means he will be applying for ILR after 4yrs and 7.5 months stay in the UK and I still fail to understand how can that be possible.

simar
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Location: cambridge

Post by simar » Thu Feb 08, 2007 12:14 pm

olisun wrote:
webhunter wrote:i am sure there must be some exceptions, what about people going back home for a month once in a year. So in that case, after 5 years, they would have actually lived in the UK for only 4 years 7 months, how are these vacations considered?>
The scenario you have mentioned is common one and is different to the one as posted by the OP.

The rule says one cannot be out of the UK for more than "n" no of days (I think it's 180 days) in the first 5yrs leading to ILR and going for a months holiday / business trips are acceptable.

The OP's question was what if the current VISA runs short of the 5yr (4 yrs 11 month) mark and my understanding is the OP will have to apply for an extension before applying for ILR assuming he satisfies all the requirements for ILR. Because the ILR clock starts from the day one enters the UK and the OP has not completed 4yrs 11months stay in the UK including the holidays / business trips he has made.

T_mahmood suggested that the OP can apply for ILR 6 weeks before the current visa expires. But if you do the calculations, out of the 4yrs 9 months stay (current duration of the validity of the visa) if the OP has to apply 6 weeks (1.5 months) before his current visa expires, that means he will be applying for ILR after 4yrs and 7.5 months stay in the UK and I still fail to understand how can that be possible.

From your explainatoin it seems anyone who did not enter UK on very first day of his/her start of inital visa will fail to meet ILR requirements in 1+4 year cases. I am sure 90% people are such how did not have enter on very first day of start of thier visa in UK. Quite scary situation.

olisun
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Post by olisun » Thu Feb 08, 2007 12:20 pm

simar wrote:
olisun wrote:
webhunter wrote:i am sure there must be some exceptions, what about people going back home for a month once in a year. So in that case, after 5 years, they would have actually lived in the UK for only 4 years 7 months, how are these vacations considered?>
The scenario you have mentioned is common one and is different to the one as posted by the OP.

The rule says one cannot be out of the UK for more than "n" no of days (I think it's 180 days) in the first 5yrs leading to ILR and going for a months holiday / business trips are acceptable.

The OP's question was what if the current VISA runs short of the 5yr (4 yrs 11 month) mark and my understanding is the OP will have to apply for an extension before applying for ILR assuming he satisfies all the requirements for ILR. Because the ILR clock starts from the day one enters the UK and the OP has not completed 4yrs 11months stay in the UK including the holidays / business trips he has made.

T_mahmood suggested that the OP can apply for ILR 6 weeks before the current visa expires. But if you do the calculations, out of the 4yrs 9 months stay (current duration of the validity of the visa) if the OP has to apply 6 weeks (1.5 months) before his current visa expires, that means he will be applying for ILR after 4yrs and 7.5 months stay in the UK and I still fail to understand how can that be possible.

From your explainatoin it seems anyone who did not enter UK on very first day of his/her start of inital visa will fail to meet ILR requirements in 1+4 year cases. I am sure 90% people are such how did not have enter on very first day of start of thier visa in UK. Quite scary situation.
Well that's how the rules are .. otherwise anybody can avail ILR without completing the 5yr (4.11) requirement....

jd
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Post by jd » Fri Feb 09, 2007 9:43 am

I think one have to apply for FLR as per my understanding in the light of reply of the question from kind frnds.

Mrs Khan
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Post by Mrs Khan » Fri Feb 23, 2007 8:20 pm

Any expert opinion on this issue would much be appreciate.

1. The time limit (no of days) that can be spent outside UK during 5 years time line.

2. If HSMP holder (1+ 4 year Category) fall short of few months for his/er ILR; do they have to qualify again the points based system or they can apply stright away for FLR to get ILR

T_mahmood
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Location: Bucks

Post by T_mahmood » Sat Feb 24, 2007 8:01 pm

Hello guys


I think this link might be of your interest as you are talking about ILR in this thread......its though olds but it would surely answers most of your questions.......

http://www.immigrationboards.com/viewtopic.php?t=5760


Tahir

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