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Hi Friends,

I came to UK under Highly Skilled Migrant Program on 20 Oct 2007. I need some information/clarification about the recently UPDATED policy on settlement for Tier 1 General. Following are my basic details for your consideration for advising me.

Entry Clearance Valid From : 05 Sep 2007
Date I First landed in UK : 20 Oct 2007
Entry Clearance Valid till : 05 Sep 2009

Application date for extension of Visa : 17 Aug 2009

Residence Permit Valid From : 11 Sep 2009
Residence Permit Valid till : 11 Sep 2012

During the complete period of time,till date, I have not left UK even for a singly day.

Keeping in view my above mentioned details, I need your advise on the Chapter 6A, section1 of settlement IDI.

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.


My Queries as under;

1. Can I consider my leave as 5 Years continuous? As I have no breaks in my leave.

2. Am I eligible to apply for ILR at the end of my current leave, i.e. after 11 Sep 2012. Because, the above mentioned note said that 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. And as per my given details above, I did came to UK with in the three months of entry clearance, and since then, never left the country even for short leave.

3. Does this word MAY COUNT means the discretion of the case worker or they generally consider the request.

I will really appreciate your advising me about the above mentioned queries at your earliest. As this will clearify every thing about my case. In addition to my case, there are many applicants who have the same problem...this will help them as well.

You should be ok as long as you apply not more than 28 days before completing your 5 years.

[iD] wrote:You should be ok as long as you apply not more than 28 days before completing your 5 years.

Thanks for the message.

So should I consider that my stay in uk with 1 EC and 1 extn is considered as continous period of 5 years.

And according to new rules, I can apply for ILR, not before 28 days of leave expiry. The confusion starts, as according to old rules only 28 days margin was allowed for 5 years continous stay in UK before appliying for ILR.

So according to "iD", I can apply for ILR even I am short of 40 days netween my Initial EC and entry to UK.

zahid.ali.anwar wrote:2. Am I eligible to apply for ILR at the end of my current leave, i.e. after 11 Sep 2012.

No.

Apply before leave expires and request the application to be treated in line with the quoted instruction in the IDI.

sushdmehta wrote:

zahid.ali.anwar wrote:2. Am I eligible to apply for ILR at the end of my current leave, i.e. after 11 Sep 2012.

No.

Apply before leave expires and request the application to be treated in line with the quoted instruction in the IDI.

Hi sushdmehta,

I have sent the same query to UKBA. I have received the under mentioned reply;

Dear Mr Anwar,

Thank you for your enquiry.

Please be advised that the specified period of continuous leave for Indefinite Leave to Remain on the basis of the Tier 1 leave to remain is 5 years. However, as stated in the Annex B (Chapter 6A) of the Immigration Directorate Instructions that 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.

The application for Indefinite Leave to Remain on the basis of HSMP/Tier1 (General) can be submitted no earlier then 28 days before you have completed five years in the United Kingdom. From the information that you have provided your eligibility for the ILR application will fall on or after 22 September 2012. However, as you would have no valid leave to remain after 11 September 2012, you should submit your application before your leave expires enclosing a covering letter with the explanation. This would be taken into consideration by the settlement caseworker - although we would be unable to guarantee the outcome of such an application.

I hope that this information will be of assistance to you.

Yours sincerely,



Amrit Haria
Immigration Group
UK Border Agency

The good thing is Amrit also seconds you. However, I am only confused about one thing...and this is the only thing which bothers me...

WILL THE CASE WORKER ACCEPT MY APPLICATION? NOW AMRIT HAS SAID IN THE EMAIL "although we would be unable to guarantee the outcome of such an application." IS IT ADVISABLE TO GO FOR IT...OR GO FOR A SECOND EXTENSION (THIS IS EXTREMLY COSTLY PROCEDURE FOR ME, I MEAN I AM TALKING ABOUT £3000 FOR EXTN) AND WHAT DOES HE MEANS BY OUTCOME OF SUCH AN APPLICATION.

Waiting for advise...

Options:
1. As suggested above.
2. Apply for an extension before your leave expires. However, if they haven't decided by the time you are eligible for ILR, then you may vary your application to ILR.
3. Apply for an extension before your leave expires, and when extension is granted apply for settlement.

Your choice as to what you wish to do.

zahid.ali.anwar wrote:...This would be taken into consideration by the settlement caseworker - although we would be unable to guarantee the outcome of such an application.

I hope that this information will be of assistance to you.

Yours sincerely,



Amrit Haria
Immigration Group
UK Border Agency[/b]

The good thing is Amrit also seconds you. However, I am only confused about one thing...and this is the only thing which bothers me...

WILL THE CASE WORKER ACCEPT MY APPLICATION? NOW AMRIT HAS SAID IN THE EMAIL "although we would be unable to guarantee the outcome of such an application." IS IT ADVISABLE TO GO FOR IT...OR GO FOR A SECOND EXTENSION (THIS IS EXTREMLY COSTLY PROCEDURE FOR ME, I MEAN I AM TALKING ABOUT £3000 FOR EXTN) AND WHAT DOES HE MEANS BY OUTCOME OF SUCH AN APPLICATION.

Disappointed that it's not a guaranteed process...and the alternative is very expensive.

sushdmehta wrote:Options:
1. As suggested above.
2. Apply for an extension before your leave expires. However, if they haven't decided by the time you are eligible for ILR, then you may vary your application to ILR.
3. Apply for an extension before your leave expires, and when extension is granted apply for settlement.

Your choice as to what you wish to do.

Thanks sushdmehta,

However, Regarding your option 2. What is the process of applying for varying the leave.

Do I have to fill in SET(O) for complete family. Attach the Life in the UK test result for both of us and send it to home office requesting them for varying of leave. But in this case, the original documents for previous earnings are already with home office. So are they going to remove the extension application forms from the case file and replace it with the SET(O) for the family. Or I need to arrange the duplicate documents for this purpose. (I AM TOTALLY CONFUSED)

Secondly, are they going to consider the fees that they have already deducted for an extension application for ILR, or I need to pay them again for this.

If I have to pay the fees again then, this whole exercise will be useless... as it is the £3000 that I wish to save.

Need your sincre advise on this...

Zahid

See Varying an application.