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Posted: **Wed Nov 13, 2013 11:54 am**

Hi,

I am a Tier 1 holder (came to the UK in april 2009 on HSMP) and have got extension under Tier 1 in 2012. I would like to know wheather I need to apply for 2nd extension to complete 5 years or can I apply for ILR in 2014. The dates are mentioned below:

HSMP Entry Clearance: 10-Feb-2009
Entered in the UK: 12-April-2009 (Gap of 60 days)
Tier 1 extension till: 09-Feb-201
Total days spent outside UK till date is 20 days

When can i apply for ILR?

I need your guidance on this.

Thanks,

Posted: **Wed Nov 13, 2013 12:16 pm**

Anytime after 13 Jan 2014. as you are covered by the 90 day concession.

Guidance –ILR – calculating continuous period in the UK @ Page 21 wrote:The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence.

Posted: **Thu Nov 14, 2013 12:25 pm**

Hi Damanisshallo,

Please guide me when should I eligible for ILR? all entry, exit dates are mention below:

HSMP Entry Clearance: 14-Oct-2008
Entered UK: 14-Dec-2008
Left UK for personal reason on: 26 jan 2009

Entered in the UK 2nd Time: 11-Oct-2009

Tier 1 first extension: 21-Oct-2011 valid till 21-Oct-2013

Paid Annual Holiday: from 12-Nov-2011 to 27-Nov-2011 2 weeks

Paid Annual Holiday: from 02-Feb-2013 to 17-Feb-2013 2 weeks

Paid Annual Holiday: from 03-Aug-2013 to 18-Aug-2013 2 weeks

Tier 1 second extension: 21-Oct-2013 till 21-Oct-2016

Am I eligible for ILR till 15-Sep-2014?

Thanks

Damanisshallo wrote:Anytime after 13 Jan 2014. as you are covered by the 90 day concession.

Guidance –ILR – calculating continuous period in the UK @ Page 21 wrote:The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence.

Posted: **Thu Nov 14, 2013 1:04 pm**

shakirsq wrote:Am I eligible for ILR till 15-Sep-2014?

By all means you should be able to apply for ILR on the above mentioned date as your clock was reset on 11/Oct/2009.

Posted: **Thu Nov 14, 2013 4:46 pm**

Thanks for your help

Damanisshallo wrote:
shakirsq wrote:Am I eligible for ILR till 15-Sep-2014?

By all means you should be able to apply for ILR on the above mentioned date as your clock was reset on 11/Oct/2009.

Posted: **Sat Nov 16, 2013 10:22 am**

I got my Original Clearence on- 11/05/2009
Came to UK on- 27/09/2009 (139 days delay)
Applied to the 1st extention at the last day by post to delay it and got the extention on- 03/07/2012
valid till - 03/07/2014

On 03/07/2014 I will be completing 4 years 9 months and 7 days.
My question is am I covered by 90 day absence period because I am only short of 85 days.
I do have taken short vacations to travel to other countries during this period around 2 weeks at a time and must have been out for about 75 days.

Please can some one let me know whether I am ok to apply for the extention on 30/06/2014.

Thanks

Posted: **Thu Nov 21, 2013 6:29 am**

Damanisshallo wrote:Anytime after 13 Jan 2014. as you are covered by the 90 day concession.

Guidance –ILR – calculating continuous period in the UK @ Page 21 wrote:The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence.

Hi,Damanisshallo
many thanks for reply with reference.
cheers

Posted: **Thu Nov 21, 2013 6:54 am**

babuk wrote:Hi,
i got tier 1 general visa in 2009 that time i submitted my degree was taught in english and in 2012 got extension with same degree taught in english.now i will apply ilr next year.should i need b1 or ilets exam to meet english proficiency under new ilr rules?

Please help me.

Posted: **Thu Nov 21, 2013 6:54 am**

The degree should suffice in addition to LIUK.

Posted: **Thu Nov 21, 2013 12:12 pm**

Is this applicable for tier 1 dependant as well?

My wife have completed bachelor degree in commerce which was taught in english and it is also available on UKBA point based calculator.

Please bear with me if such questions are replied earlier. I have gone through various posts in ILR index but it seems bit confusing for me, especially in relation to new rule change from 28 Oct. Your help will be appreciated.

Many thanks

Posted: **Thu Nov 21, 2013 12:22 pm**

If the degree is awarded points on the PBS calculator (30 for qualification and 10 for English Skills) that should suffice in addition to LIUK for any settlement applicant.

Posted: **Thu Nov 21, 2013 12:52 pm**

pa2204 wrote:I got my Original Clearence on- 11/05/2009
Came to UK on- 27/09/2009 (139 days delay)
Applied to the 1st extention at the last day by post to delay it and got the extention on- 03/07/2012
valid till - 03/07/2014

On 03/07/2014 I will be completing 4 years 9 months and 7 days.
My question is am I covered by 90 day absence period because I am only short of 85 days.
I do have taken short vacations to travel to other countries during this period around 2 weeks at a time and must have been out for about 75 days.

Please can some one let me know whether I am ok to apply for the extention on 30/06/2014.

Thanks

Posted: **Thu Nov 21, 2013 1:35 pm**

pa2204 wrote:I got my Original Clearence on- 11/05/2009
Came to UK on- 27/09/2009 (139 days delay)
Applied to the 1st extention at the last day by post to delay it and got the extention on- 03/07/2012
valid till - 03/07/2014

On 03/07/2014 I will be completing 4 years 9 months and 7 days.
My question is am I covered by 90 day absence period because I am only short of 85 days.

The 90 day concession is not for short fall but where there has been a delay in travelling to the UK for the very first time only then this could be added towards your qualifying period and Unfortunately, you wouldn't have been covered for this.

I do have taken short vacations to travel to other countries during this period around 2 weeks at a time and must have been out for about 75 days.

Please can some one let me know whether I am ok to apply for the extention on 30/06/2014.

Thanks

Posted: **Thu Nov 21, 2013 1:36 pm**

Hello,

Do he need to get a Statement of comparability from NARIC ?
Does the Degree certificate and PBS calculator data is enough to prove English test for Tier-1 dependent?

Reason is dependent is not proven any English requirement in her/his previous Tier 1 applications (entry clearance or extension)

Posted: **Thu Nov 21, 2013 1:39 pm**

talk3nirmal wrote:Hello,

Do he need to get a Statement of comparability from NARIC ?
Does the Degree certificate and PBS calculator data is enough to prove English test for Tier-1 dependent?

Reason is dependent is not proven any English requirement in her/his previous Tier 1 applications (entry clearance or extension)

Read this post

Posted: **Wed Nov 19, 2014 1:41 pm**

pa2204 wrote:
pa2204 wrote:I got my Original Clearence on- 11/05/2009
Came to UK on- 27/09/2009 (139 days delay)
Applied to the 1st extention at the last day by post to delay it and got the extention on- 03/07/2012
valid till - 03/07/2014

On 03/07/2014 I will be completing 4 years 9 months and 7 days.
My question is am I covered by 90 day absence period because I am only short of 85 days.
I do have taken short vacations to travel to other countries during this period around 2 weeks at a time and must have been out for about 75 days.

Please can some one let me know whether I am ok to apply for the extention on 30/06/2014.

Thanks

I did two consultations prior to the application and I was told to apply for a extension not ILR as I came after 139 days from my visa. But I strongly felt that they do a back word calculation from the day of ILR application and if it happens I am only short of less than 90 days which is legally allowed. I took my chances and applied on 30/06/2014.
I got my ILR today. Hope this will help some one in similar situation.

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