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ILR Qualifying Period
Posted: Sat Feb 18, 2012 12:19 am
by SHANKARK
Hi There,
I got HSMP on 21st March 2007 and entered the UK on 21st April 2007 (1 month later). I got extension under Tier-1(General) on 30th March 2009 and valid until 30th March 2012.
I wonder when do I qualify to apply for indefinite? This is a bit confusing....
The guidlines states that 5 years is the qualifying period which means I qualify only on 21st April 2012. Also the guidlines states that I can apply before 28 days of qualifying period which means I qualify to apply on 23rd March 2012 whilst my Tier-1 visa still valid.
Do you think my calculation is right even though I did not stay in the UK for the initial 1 month of HSMP?
Posted: Sat Feb 18, 2012 12:39 am
by vinny
You may
apply for
ILR between
Saturday, 24 March 2012 and 29 March 2012.
Posted: Sat Feb 18, 2012 1:27 am
by SHANKARK
Thank you. Do I include this initial 1 month within the absence period?
Posted: Sat Feb 18, 2012 1:36 am
by vinny
No.
Posted: Sat Feb 18, 2012 1:43 am
by SHANKARK
vinny wrote:No.
Thank you again
Another final query.. Does the absence period include departure and arrival dates in the UK or does it exclude those days?
Posted: Sat Feb 18, 2012 2:18 am
by vinny
Posted: Sat Feb 18, 2012 4:02 pm
by rdrp
Can he not apply on 2nd march as per the modernized guidance? His visa still expires before he completes 5 years and should be eligible under modernized guidance.
Posted: Sun Feb 19, 2012 6:12 pm
by SHANKARK
rdrp wrote:
Can he not apply on 2nd march as per the modernized guidance? His visa still expires before he completes 5 years and should be eligible under modernized guidance.
Hello,
Where is this modernized guidance? Do you have a link?
Posted: Sun Feb 19, 2012 11:25 pm
by linkers
I think he can apply under modernized guidance as he entered with 90 days of getting first visa.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
SHANKARK: you can apply 28 days before your visa stamp date which is Wednesday, 22 February 2012.
Posted: Mon Feb 20, 2012 1:51 am
by SHANKARK
Thank you! I see the parapgraph below in the document -
Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but due to delayed travel will not have spent five 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 five years, provided this period was not longer than three months.
As the guidance say that "Caseworkder may" consider, I am going to call UKBA tomorrow and see what they say...
I will post back
Posted: Mon Feb 20, 2012 10:29 pm
by srirags
I'm still confused with this post.
Vinny, you mean to say that we can exclude the period taken to enter the UK for the 28 days calculation to apply for ILR, provided the entry is within 90 days of initial entry clearance?
please clarify. I couldn't see this point in the mordernised guidance .
http://www.ukba.homeoffice.gov.uk/site ... ew=Binary
Thanks