Page 1 of 1

Just 20 days short for ILR (PR)

Posted: Tue Aug 30, 2011 10:44 pm
by RAJBOLD
Dear Forum members,

I got my initial HSMP visa from 23 MAY 2007 to 23 MAY 2009 and I got my further visa extension(which is TIER 1) from 23 MAY 2009 to 23 MAY 2012.

I came to UK after 1 month 20 days after I got my HSMP Visa stamped initially, which means I am short of 48 days for applying ILR, but I think effectively I would be short of 20 days since I can apply for ILR 28 days before visa expiry.

I know few of my lucky friends and colleagues got their further extension from port of entry + 3years. Is there any way to get our further visa extension to be corrected(which means port of entry + 3 years, like few lucky chaps) ?

Please do needful if anyone has similar case like me and know how to proceed in this regard.

Thanks,
Raj

Posted: Wed Aug 31, 2011 12:14 am
by Lucapooka
If look at the new modernised guidance for Tier 1 settlement (on the UKBA site) you can see that a concession now exists where a late entry of up to 3 months can be included in the five year qualifying period. You have no problems!
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Posted: Wed Aug 31, 2011 10:13 am
by Chakri
I am in the same situation. I came to UK after 40 days of visa stamping.
The document/pdf says that the case worker "may" consider which is a bit of concern.

Could anybody who is in the same situation share their experiences, if they have already applied for ILR.

Thanks
Chakri.

Posted: Wed Aug 31, 2011 10:27 am
by Lucapooka
Chakri wrote: The document/pdf says that the case worker "may" consider which is a bit of concern.
The use of the modal auxilary may in this case means 'has permission'. May I borrow your umbrella? Yes, you may. With regard to the concession, it is permitted to do this.

It's old school formal English and may (this time meaning 'uncertain possibility') no longer be in common, every-day use, hence your concern.

Posted: Wed Aug 31, 2011 8:17 pm
by RAJBOLD
Much appreciated for your information Lucapooka. Then can I apply for ILR before 28 days of my Tier 1 visa expiry though I am not completed 5 years by that time( I meant by that I will complete just 4 years and 10 months only)?. Please clarify me.

Is it suggestible to write an email to UKBA and get confirmation on the same.


Thanks
Raj

Posted: Wed Aug 31, 2011 8:22 pm
by Lucapooka
There has been hearsay comment that the delayed arrival concession can be used in conjunction with the 28 day concession. If anyone knows for sure that it can't then please step up and tell us your experience.

Posted: Fri Sep 02, 2011 3:35 am
by khalidmirza
Lucapooka wrote:
Chakri wrote: The document/pdf says that the case worker "may" consider which is a bit of concern.
The use of the modal auxilary may in this case means 'has permission'. May I borrow your umbrella? Yes, you may. With regard to the concession, it is permitted to do this.

It's old school formal English and may (this time meaning 'uncertain possibility') no longer be in common, every-day use, hence your concern.
I agree. Concession is given but word MAY creates confusion. I assure you that if everything else is right this case will go through. If you read guide , at many places it states that you case can be refused, sent for further enquiries, verification of documents etc etc. If we tend to be fearful on all this, we would end up no where. Therefore please be confident and take the print out of clause as many case workers are not fully conversant with all details

Posted: Fri Sep 02, 2011 11:43 am
by hdravid
I am not sure of multiple workpermits, but I was on a single 5 year wp and I got my ILR last month . I had a 64 day gap between visa stamp and first entry.
http://www.immigrationboards.com/viewtopic.php?t=84602