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Hi Everyone,

1. I was granted HSMP visa on 8-2-2008 and came to the UK on 10-3-2008. With the new ILR rules does this mean that I fall within 3 months qualifying period as I came to the UK 32 days AFTER the visa was granted.

2. Also, though my HSMP was stamped on 8-2-2008 and I came to the UK on 10-3-2008, I started working in June 2008(full time, permanent)- DOES THIS AFFECT MY ILR APPLICATION AS I WAS NOT WORKING FROM MARCH 2008-June 2008 mid? Currently, I am working full time, permanent with same organisation.

3. Finally, I am aware that one can be out of the UK for no more than 180 days in 5 years. Can someone tell me-if this is includes only week days(working) or does it also include weekends, because annual leave only takes in account working weekdays.

4. I will be grateful if I can be pointed in the right direction for dependant's leave specification as well for ILR.

Many Thanks in advance,

Khubs

khubs wrote:Hi Everyone,

1. I was granted HSMP visa on 8-2-2008 and came to the UK on 10-3-2008. With the new ILR rules does this mean that I fall within 3 months qualifying period as I came to the UK 32 days AFTER the visa was granted.

2. Also, though my HSMP was stamped on 8-2-2008 and I came to the UK on 10-3-2008, I started working in June 2008(full time, permanent)- DOES THIS AFFECT MY ILR APPLICATION AS I WAS NOT WORKING FROM MARCH 2008-June 2008 mid? Currently, I am working full time, permanent with same organisation.

3. Finally, I am aware that one can be out of the UK for no more than 180 days in 5 years. Can someone tell me-if this is includes only week days(working) or does it also include weekends, because annual leave only takes in account working weekdays.

4. I will be grateful if I can be pointed in the right direction for dependant's leave specification as well for ILR.

Many Thanks in advance,

Khubs

Seniors ---> PLZ. ADVICE....

Thanks in advance!!!

1. Yes. Your ILR clock has started from 10 March 2008.

2. No.

3. You should count all the days out of the UK, excluding departure/arrival days (as then you were in the country). Business related trips and annual paid leaves can be disregarded from that calculation, but formally this is down to case-worker's discretion. (You must also avoid absences for more than 90 days in one go.)

4. No restriction on absences for dependants (though evidence of living together in the UK for 2 years might be needed).

dimsav wrote:1. Yes. Your ILR clock has started from 10 March 2008.

2. No.

3. You should count all the days out of the UK, excluding departure/arrival days (as then you were in the country). Business related trips and annual paid leaves can be disregarded from that calculation, but formally this is down to case-worker's discretion. (You must also avoid absences for more than 90 days in one go.)

4. No restriction on absences for dependants (though evidence of living together in the UK for 2 years might be needed).

Hi dimsav,

thanks four reply

with regard to point 1- I need to apply for my ILR application in Feb as my visa expires on 8-2-2013 but, am confused as you say my ILR clock started from 10-3-2008??

also, my husband who is also applying for dependant application lives and works in West Midlands and I work in London and i live in both places-West midlands and London- so how will i proof living together for 2 years. we just got married in April this year and ILR application is due in Feb 2013 - so this clearly falls short of 2 years living together criteria??

Appreciate your advice...

Thanxxx

khubs wrote:...with regard to point 1- I need to apply for my ILR application in Feb as my visa expires on 8-2-2013 but, am confused as you say my ILR clock started from 10-3-2008??

You should be ok applying in Feb, as the revised guidance says: "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."
(Note the use of "may", not "will", meaning that the decision is still down to a caseworker, hence the indicated date in my response.)

khubs wrote: also, my husband who is also applying for dependant application lives and works in West Midlands and I work in London and i live in both places-West midlands and London- so how will i proof living together for 2 years. we just got married in April this year and ILR application is due in Feb 2013 - so this clearly falls short of 2 years living together criteria??

I remember quite a similar case discussed here some time ago, with positive outcome. You should try searching the forum...

dimsav wrote:

khubs wrote:...with regard to point 1- I need to apply for my ILR application in Feb as my visa expires on 8-2-2013 but, am confused as you say my ILR clock started from 10-3-2008??

You should be ok applying in Feb, as the revised guidance says: "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."
(Note the use of "may", not "will", meaning that the decision is still down to a caseworker, hence the indicated date in my response.)

khubs wrote: also, my husband who is also applying for dependant application lives and works in West Midlands and I work in London and i live in both places-West midlands and London- so how will i proof living together for 2 years. we just got married in April this year and ILR application is due in Feb 2013 - so this clearly falls short of 2 years living together criteria??

I remember quite a similar case discussed here some time ago, with positive outcome. You should try searching the forum...

Thanks so much!!!!

Pls. let me know if u come across the case u mentioned, I will search the forum as well..

thanks again