Immigrationboards.com

Folks,

My ILR application has been approved, I applied 28 days before 5 years after my visa stamping date, even though UKBA inquiries asked me to apply 28 days before the expiry date of my visa.

First HSMP: 01 Nov 2007
Entry into UK: 30 Nov 2007
Extn granted in 2009 under Tier 1 gen until 30 Nov 2012

When I asked UKBA the earliest date I could apply, they said 28 days before 30 Nov. But an immigration adviser told me I can apply 28 days before my visa stamp date Ie from 4 Oct.

I applied at Croydon PEO on 5 Oct and got approval without any problems.

This may help other people in same situation.

Congrats! However, you didn't really need an immigration advisor to tell you that. 28 days is discussed many times on this forum now

@ilrdone

Hi There,
Congrats on the ILR.

So, the total no. of days from the entry till your ILR application is roughly 3 months short of 5 years? Please correct me.. see below..

29 days (01 Nov 2007 - 30 Nov 2007) + 30 days (5 Oct 2012 to 5 Nov 2012) + 25 days (6 Nov 2012 to 30 Nov 2012)

The reason I ask is I have my first extension coming up and am trying to calculate the overall no. of days...for my future references.

PS: Also, Is this because you belong to HSMP not Tier1 ??

@uksettlement
First Tier1: 2 Feb 2011
Entry into UK : 29 Feb 2011

Considering I apply for my first extension not more than 28 days before 2 Feb 2013. Do I need to go for another extension after my 5 years (as I entered 27 days late initially, will that not have a problem??)


Much appreciated ... !!

Cheers

@ilrdone

Congratulations!

Can I ask you what do you choose in the form SET(O) in Section 3? Did you choose "Highly skilled migrant" or "Tier 1 (General)". I'm almost the same situation likes you with my HSMP granted on 2007 December and extended to Tier 1 (General).

It will be easier to fill up the form if I can choose "Highly skilled migrant" as I can skip the Section 9.

Thanks,

Stephen

stephenteh wrote:@ilrdone

Congratulations!

Can I ask you what do you choose in the form SET(O) in Section 3? Did you choose "Highly skilled migrant" or "Tier 1 (General)". I'm almost the same situation likes you with my HSMP granted on 2007 December and extended to Tier 1 (General).

It will be easier to fill up the form if I can choose "Highly skilled migrant" as I can skip the Section 9.

Thanks,

Stephen

In case you are not convinced that you should not choose HSMP, read 135G(i) at http://www.ukba.homeoffice.gov.uk/polic ... les/part5/

wpilr_nov12 wrote:
In case you are not convinced that you should not choose HSMP, read 135G(i) at http://www.ukba.homeoffice.gov.uk/polic ... les/part5/

Thanks wpilr_nov12. Good point you opened up. My case is
Hsmp EC 10 December 2007
Entry 16 January 2008
Tier 1 switching/ Eextension December 2009
Expire 10 December 2012. I am applying under Tier 1

And so I need to tick 11L which made lots of confusions about the issue
For the period before you were granted leave as a Tier 1 (General) migrant, documents showing that you met
the relevant requirements of the immigration rules. Is this mean economically active? Do we need to submit 5 year P60 to prove economically active.

However on 245CD

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Requirements for indefinite leave to remain (Tier 1 general migtrant) on section f it clearly said
(f) Where the application is being made under the terms set out in Appendix S, the applicant must be economically active in the UK, in employment or self-employment or both
Appendix S is Those who are highly skilled migrants programme (hsmp) – qualifying for indefinite leave to remain after four years' continuous residence

Does economically active term apply for us because we are on 5 years route.

Hi,

It will depend on the rules at the time, but based on current rules, yes!

You can count 5 years from your visa stamping/entry clearance stamping date, IF you entered UK within90 days of visa stamping date.

This rule applies to both Tier 1 General and HSMP holders as far as I am aware.

ilrdone wrote:Hi,

It will depend on the rules at the time, but based on current rules, yes!

You can count 5 years from your visa stamping/entry clearance stamping date, IF you entered UK within90 days of visa stamping date.

This rule applies to both Tier 1 General and HSMP holders as far as I am aware.

will this rule apply for 10 year long residency as well ?

z18runway wrote:

ilrdone wrote:Hi,

It will depend on the rules at the time, but based on current rules, yes!

You can count 5 years from your visa stamping/entry clearance stamping date, IF you entered UK within90 days of visa stamping date.

This rule applies to both Tier 1 General and HSMP holders as far as I am aware.

will this rule apply for 10 year long residency as well ?

Will this be applicable for Tier2 as well?