ILR continuous period and extensions

[saraq]

can you please guide me and confirm the following info I have received.

1. I was granted 2 yrs hsmp + 3 yrs tier 1 extension. Since it was not a contiguous 5 yr visa granted, I am not eligible to avail the rule that says CW can consider 5 yrs continuous from my entry clearance date if i traveled within 3 months.

2. At PEO, If my visa is valid for even 2-3 more days, I wont get a right to appeal if ILR is refused.

Regards
Sara

[cs95tdg]

1. This statement is not true. Additionally it's not a rule, but rather guidance provided to caseworkers, which allow them to consider the period between EC & date of entry towards an applicants' 5 year residency so long as the applicant entered within 3 months of initial EC. Note, this guidance doesn't state that the applicant must have been issued with 5 years of EC at once. So long as you have no gaps (i.e. absenses outside the number allowed for ILR) in your 5 year residency which consists of 2+3 years leave to remain & you entered within 3 months of EC then the CW will be able to use this guidance in your case.

[saraq]

yes i think tht way too but need more assurance, any1 else

[saraq]

'Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but due to
delayed travel will not have spent five years continuously in the UK before their current leave
expires. Caseworkers may count the period between entry clearance being granted and the
date the applicant entered the UK towards the five years, provided this period was not
longer than three months.

[cs95tdg]

'Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but due to
delayed travel will not have spent five years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years, provided this period was not
longer than three months.

Even if you did interpret the word "continuous", as you appear to be doing incorrectly here, if you look closely you'll notice that it states "leave" and not "EC" as you have assumed. The reason they have used the word continuous is because you cannot have gaps that go over the stipulated ILR threshold during your residency.

[saraq]

'Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but due to
delayed travel will not have spent five years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years, provided this period was not
longer than three months.

Even if you did interpret the word "continuous", as you appear to be doing incorrectly here, if you look closely you'll notice that it states "leave" and not "EC" as you have assumed. The reason they have used the word continuous is because you cannot have gaps that go over the stipulated ILR threshold during your residency.

now thts making me insane lol
have a look
http://www.ukresident.com/forums/topic/ ... ods-query/

[cs95tdg]

now thts making me insane lol
have a look
http://www.ukresident.com/forums/topic/ ... ods-query/

To convince yourself or even otherwise, I can only suggest that you search for other applicant experiences on this forum. There will be many who have successfully applied for ILR taking advantage of this concession. Additionally, most applicants will be granted entry & then leave to remain just as you have been, i.e. 2+3 or 3+2 years. The exception I've seen to this is if you hold a 5 year Work Permit, then you are granted EC to cover the 5 years at once.