ILR confusion. Student visa switch to Hsmp from India

[yakovnewman]

Hi Guys ( Sorry for the Long version )

I got my student visa from India on the 6-10-2001 for a year, and continualy got extensions on my visa until Nov 2007 (all these extensions were applied in-time)

Student Visa from India: 06-10-2001 - 29-07-2002
extensions from UK - valid until 29-07-2005
extension from UK - valid until 12-09-2007

In March 2007 while i still had my Student Visa valid, I applied for HSMP and didnt get a reply from the Home office and planned a visit to india in May 2007. But just a day before leaving for india for my holidays (while my student visa was still valid) I received my approval letter for HSMP and still went to india and applied for an Entry Clearance for my HSMP. my HSMP got approved and my passport was stamped with 2 yrs HSMP on the 16th of May 2007.
At this time i had two visas stamped on my passport. Student visa which was valid until Nov 2007 and then HSMP which was valid until May 2009.

I stayed in India until 26th June 2007, and then returned to UK

i then further extended my HSMP (which was then converted into Tier 1 General) before 16 May 2009 and got this extended until 16 May 2012.

the confusion i am having now is

1) Do i qualify for a 10 year Indefinite leave to remain in October 2011? keeping in mind that i got my HSMP from India. but then i still had my student visa valid then so a continuous valid UK visa from October 2001.

2) Do I qualify for a 5 Year indefinite leave to remain on the 16 of May 2012? Keeping in mind that my Visa was stamped on the 16th of May 2007 initially and i entered UK on the 26th of June (sine the visa stamp date and passport delivery date are different in India)
Or do i have to apply for an extension for one Month and 10 days before i can apply for an Indefinite leave to Remain.

I know it is a long story but your advice will really be helpfull

Kind Regards,

[vinny]

1. Probably.

2. Unfortunately, you may apply for ILR no sooner than 29th May 2012 unless they allow three month grace period, as with Tier 2. However, as it's only a few days difference, try apply before it expires and pay by cheque to slow things down.

Suggest trying Long residence.

[yakovnewman]

Thanks.

The other thing. if i have to apply for another extension. i will be 32 by then. even though when i applied for my first extension i was 29 and claimed full points for age.

when i initially applied for tier 1 (HSMP) the age requirement was under 27 so claimed full points for age
when i had my first extension after 2 yrs i was under 29 so claimed full points for age again.
Now if i have to send my passport for another extension. i will be almost 32 by that time. so that means i will not be able to claim points for my age??

Please advise

[vinny]

See also Age.