Calculation of continuous 5 year period for WP

grinconesmo · Post by **grinconesmo** » Thu Apr 21, 2011 2:35 pm

Now is official, people holding WP and delayed entrance to UK up to 3 months can apply for ILR without extention... Good news!

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

Thanks God for listening our prays.

Post by **vinny** » Thu Apr 21, 2011 2:47 pm

Thanks! It's applicable to other categories as well.

bhossan100 · Post by **bhossan100** » Thu Apr 21, 2011 2:55 pm

Hi Seniors,
Could you please advise if calculation of less than 3 months between Entry clearance and actual entry date towards 5 years continuious residence falls under discretion by case worker or they are bound to follow this instruction . My confusion has arisen as this is mentioned only in IDI not in the guidance note for Applicant.

karti · Post by **karti** » Thu Apr 21, 2011 4:48 pm

Hi grinconesmo,

Thx for the information.

grinconesmo · Post by **grinconesmo** » Thu Apr 21, 2011 5:21 pm

Don't bother Karti,
Good luck with your application.

Thanks,

devmanda1ia · Post by **devmanda1ia** » Sat Apr 23, 2011 5:00 pm

grinconesmo wrote:Now is official, people holding WP and delayed entrance to UK up to 3 months can apply for ILR without extention... Good news!

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

Thanks God for listening our prays.

Hi Grinconesmo,

I read the link you have given but can't find anything clearly which says 3 month period can be counted for 'WP holders too'.

This has been a concerning matter for many WP holders. Is this rule of counting up to 3 months from entry clearance applicable to old WP holders too?

Just want to be 100% sure.

Thanks,

grinconesmo · Post by **grinconesmo** » Sun Apr 24, 2011 6:11 am

If you have a look at the previous version on this guidance you could see that WP holders were not included into the "fall short days" criteria but now this new publication includes WP holders and HSWP as well.

I'm on the same situation, but this means that I could apply for ILR making sure that I've meet all and provided that my delay to the UK was not longer than 3 months.

Thanks,

jimmymcad · Post by **jimmymcad** » Tue Apr 26, 2011 10:49 am

Dear Seniors and mods,

I just read this excellent news.

I got Entry clearance on 14th Sep 2007 but entered UK on 23rd Nov 2007. As you can see it is almost 2.4 months delay when i initially entered. And all i was thinking to go for another extension, but now looking into this document, does it mean i am eligible for ILR? Please if you can confirm. If yes, when should be the exact date i can apply for ILR now?

Many thanks.

grinconesmo · Post by **grinconesmo** » Tue Apr 26, 2011 11:04 am

I think should be the same procedure applicable to husband, wife, civil partner or unmarried/same-sex partner of a British or permanent resident appliying for ILR, see below:

"If you were given permission to enter the UK as a husband, wife, civil partner or unmarried/same-sex partner but you then delayed your travel to the UK by up to three months, you can apply to live here permanently using application form SET(M) shortly before your permission to enter ends. As long as you meet the other requirements of the rules, we will put your application on hold until you have completed your two-year qualifying period in the UK."

So basically only few days before your visa expires.

Moderators and experts correct me if I'm wrong.

Thanks,

jimmymcad · Post by **jimmymcad** » Tue Apr 26, 2011 11:07 am

Sorry i think i have confused you.

I got HSMP visa started from 14th Sep 2007 but entered on 23rd Nov 2007, and later i converted it to Tier1, so i have to spend 5 years continuously to qualify for ILR. and that is my question, it sounds to me now, i do not have to apply for further extension. If anybody can confirm.

cheers,

srikp · Post by **srikp** » Tue Apr 26, 2011 4:05 pm

jimmymcad wrote: it sounds to me now, i do not have to apply for further extension. If anybody can confirm.

cheers,

I am also in the same boat...yes, apparently we can. But the catch is that it is the case worker's discretion to grant ILR:

"Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months."

At the moment it appears to be a gamble unless we hear cases where people have succeeded in getting ILR without completing 5 years.

grinconesmo · Post by **grinconesmo** » Tue Apr 26, 2011 4:28 pm

I don't think it's a gamble, lots of immigration rules has been replaced by modernise guidance such as this, but, remember that you still need to fulfill all the requirements though.

Just make sure that you have everything in order and if you are only short for few days on the qualifiying period should not be a problem to apply under this guidance.

I'm pretty confident with my case, I'm short for 6 days on the qualifiying period and I will apply few days before my visa expires, I'll let you know after that.

kevins · Post by **kevins** » Thu Apr 28, 2011 1:24 pm

grinconesmo wrote:I don't think it's a gamble, lots of immigration rules has been replaced by modernise guidance such as this, but, remember that you still need to fulfill all the requirements though.

Just make sure that you have everything in order and if you are only short for few days on the qualifiying period should not be a problem to apply under this guidance.

I'm pretty confident with my case, I'm short for 6 days on the qualifiying period and I will apply few days before my visa expires, I'll let you know after that.

Hi grin, I'm short for 3 days. Would you mind to let me know when you would like to submit your application and by post or in person?

Thanks.

grinconesmo · Post by **grinconesmo** » Thu Apr 28, 2011 3:36 pm

Hi Kevins,
My plan is to submit the application by post shortly before my visa expires in March.

What about you when is your leave expires?

Thanks,

kevins · Post by **kevins** » Thu Apr 28, 2011 5:00 pm

grinconesmo, do you mean March of 2012? My HSMP VISA expires on 26th July 2011.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Calculation of continuous 5 year period for WP

Calculation of continuous 5 year period for WP

Re: Calculation of continuous 5 year period for WP

Re: Calculation of continuous 5 year period for WP