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Here's my situation:

1. Entered UK on Jan 31, 2007 under WP umbrella.
2. At the end of my 1 year WP applied for HSMP while being in the country (UK) and then left the UK on Jan 31, 2008.
3. Received a HSMP approval letter on Feb 23, 2008 and using it applied for UK visa (entry clearance) which was granted on April 4, 2008.
4. Entered UK for a job interview on April 24, 2008 and left it 2 days later.
5. Upon receiving a job offer entered UK under HSMP visa on June 13, 2008 and been employed permanently ever since after.
6. Switched to Tier 1 General on April 4, 2010 while being in the country.
7. Current visa expires on April 4, 2013.

The questions I have before applying for ILR in March, 2013:

1. Apparently I understand that my first year under WP will not be deemed as eligible for overall ILR term because I left the country (even though for 2 months only). Am I right?

2. Rules stay I should be applying for ILR not earlier than 28 days prior to something. This something is:

- a day I entered the UK (April 24)
- a day entry clearance was granted and also a day current visa expires (April 4)

So if I book let's say March 15, 2013 for my premium ILR service - will this be alright or not? Or shall I only book an appointment within 28 days of April 24 despite the fact my visa expires on April 4?

3. My overall number of absences is slightly above 200 in total for all 5 years (2008-2013). I don't have a single absence longer than 10 days except for one stated above: the initial gap between when I entered UK for the job inti and got back to start work permanently. This gap is slightly less than 2 months and if it wasn't for it I would have less than 180 days in total. Now I read somewhere that initial absences up to 3 months can be disregarded. Can anyone confirm the rule or how this can affect my application?

4. Finally, 11L in new application form: FAQ states that docs should be provided for the period prior to Tier 1 (HSMP in my case). Anyone can elaborate on what docs exactly? Folks guess P60 and whatnot but can anyone advise for sure?

Thanks very much in advance and God bless you all.

Right, since no one bothered to reply I decided to post what I found out:

2.2 Applications that fall short of the five year continuous period

In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 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 5 years, provided this period was not longer than 3 months.

OK, since no one wants to talk to me I'll try a simple thing for the last time:

Let's make it really simple, shall we? All I care to know is...what date should I specify as the date of entry to UK for ILR purpose?

1. HSMP EC issued on April 4, 2008.
2. Entered UK on April 24, 2008 for the job interview and left 2 days after.
3. Accepted job offer and permanently entered UK on June 13, 2008 and stayed in UK ever after being economically active at all times (switched to T1 General in 2010, current leave expires on April 4, 2013).

So is it April 24 or June 13 that I need to specify as en entry date and count my ILR term from?

The reason I am asking is if it's June 13 then the rule about "late entrance" may apply and makes me eligible for ILR nonetheless. But then will this make me fail the requirement of entering the country during 28 days after issuing a visa?

On the other hand if I specify April, 24 then I will have to explain the gap (missing days) from April 'til June.

So what would you advise?
Thanks.

Muscovite wrote:1. HSMP EC issued on April 4, 2008.
2. Entered UK on April 24, 2008 for the job interview and left 2 days after.
3. Accepted job offer and permanently entered UK on June 13, 2008 and stayed in UK ever after being economically active at all times (switched to T1 General in 2010, current leave expires on April 4, 2013).

So is it April 24 or June 13 that I need to specify as en entry date and count my ILR term from?

It would be April 24, 2008. You will be covered by the 3 month concession given for late entry where the time in-between EC & Date of entry would be considered towards your 5 year residence period. Meaning you would be eligible to apply for ILR upto 28 days before the 5th anniversary from April 24, 2008.

I have a few queries on your previous post where you say you applied for HSMP in-country at the end of your WP. However, I will not go into those as I take it that, you will now be applying for ILR based on your 5 year residence as a HSMP+T1G Migrant.

Cheers mate but I guess my point was that if I specified June 13 then I would still have been covered by "the 3 month concession given for late entry where the time in-between EC & Date of entry would be considered towards 5 year residence period". The positive thing in this scenario would be that I wouldn't need to explain my gap between April and June (when I was outside of the UK). What do you reckon? (by the way my registration with Police dated June as well). Otherwise if it's April 24 then what you suggest I put as an explanation for those 48 days missing (between April 24 and June 13)?

Yes to your second paragraph.

And thanks for your help!

Muscovite wrote:my point was that if I specified June 13 then I would still have been covered by "the 3 month concession given for late entry where the time in-between EC & Date of entry would be considered towards 5 year residence period". The positive thing in this scenario would be that I wouldn't need to explain my gap between April and June (when I was outside of the UK). What do you reckon? (by the way my registration with Police dated June as well). Otherwise if it's April 24 then what you suggest I put as an explanation for those 48 days missing (between April 24 and June 13)?

Yes, true. You would still be covered by the concession, even if you state 13th June as your date of entry (But I'm guessing your HSMP EC vignette in your passport would have a stamp on it with April 24th?). As a T1G Migrant there is no requirement to justify or provide evidence for annual leave or business related absences, but as you say you could probably avoid that 1&1/2 month absence ever becoming an issue altogether by stating the latter date as your date of entry and only list absences from that point onwards.

Muscovite wrote:Right, since no one bothered to reply I decided to post what I found out:

2.2 Applications that fall short of the five year continuous period

In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 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 5 years, provided this period was not longer than 3 months.

hi

subhan wrote:

Muscovite wrote:Right, since no one bothered to reply I decided to post what I found out:

2.2 Applications that fall short of the five year continuous period

In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 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 5 years, provided this period was not longer than 3 months.

Hi,

Can you please let me know.

If my WP visa started on the
07/09/2007 - 7/09/2009 WP
this gap PP at the home Office
08/04/2010 - 08/04/2013 tier 1 general

i was out of Uk for last 1 year due to medical issues
will CW consider the earlier continous stay or will count since 2013 backward.
I have also got letter from the employer as to i am going on treatment is that fine.

tks

anu