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ILR - Eligibility - 5 years contineous stay - 3 days short
Posted: Thu Mar 15, 2012 10:28 pm
by tailon
Dear All,
I am currently living in the UK on Tier-1 (General). I want to apply for my ILR at the end of my current Tier-1 Visa. Below are the details of my current and previous visas.
1. HSMP visa (applied within UK), Issue date: 17/12/07, Expiry date: 14/12/09 (expiry date should be 17/12/09)
2. Tier1(ganeral) visa, Issue date: 02/12/09, Expiry date: 14/12/12
As you can see from the above dates in the point 1, I didn't get full 2 years VISA under my HSMP application and therefore I am short of 3 days of completing my 5 years of continuous stay in UK for applying for ILR.
In this circumtanses, what can I do? It's certainly not my fault. Please advise ASAP.
Thanks in advance.
Regards.
Posted: Thu Mar 15, 2012 10:32 pm
by Lucapooka
Are you not aware that everyone can apply for settlement up to 28 days earlier than the anniversary date of their qualifying residence period? You can apply in late November (I'll leave you to count back 28 days from Dec 17th)
Posted: Thu Mar 15, 2012 10:36 pm
by tailon
Lucapooka wrote:Are you not aware that everyone can apply for settlement up to 28 days earlier than the anniversary date of their qualifying residence period? You can apply in late November (I'll leave you to count back 28 days from Dec 17th)
Thanks 'Lucapooka' for your reply. But as I understood, UKBA allow you to apply before 28 days as long as you have full 5 years of valid Visa duration. Please correct me if I wrong. And I can't find any info on UKBA website.
Posted: Thu Mar 15, 2012 10:39 pm
by Lucapooka
I'm pleased to correct you. That is not a requirement and it's usual for people with a small shortfall in their residence period to use this concession.
Posted: Thu Mar 15, 2012 10:52 pm
by tailon
Lucapooka wrote:I'm pleased to correct you. That is not a requirement and it's usual for people with a small shortfall in their residence period to use this concession.
Thanks again, I've just refered to the
6.1 Requirements for indefinite leave to remain – paragraph 245CD
(c) Unless the application is being made under terms of the HSMP ILR Judicial review Policy Document,
the applicant must have spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 1 (General) Migrant, in any combination of the following categories:
(i) as a Tier 1 (General) Migrant,
(ii) as a Highly Skilled Migrant,
(iii) as a Work Permit Holder, etc.
Do you still believe that I sould be ok?
Posted: Thu Mar 15, 2012 10:58 pm
by Lucapooka
Yes, everyone is permitted to shave 28 days off the qualifying residence period. It's a standard concession; don't worry.
Please do not send us your application more than 28 days before the end of your qualifying period. If you do, we may refuse your application with no refund of the fee. However, you must apply before your current permission to stay in the UK ends
SET(O)
Posted: Thu Mar 15, 2012 11:08 pm
by tailon
Lucapooka wrote:Yes, everyone is permitted to shave 28 days off the qualifying residence period. It's a standard concession; don't worry.
Please do not send us your application more than 28 days before the end of your qualifying period. If you do, we may refuse your application with no refund of the fee. However, you must apply before your current permission to stay in the UK ends
http://www.ukba.homeoffice.gov.uk/visas ... ormset(o)/
Perfect. Thank you so much.
Child born in UK
Posted: Fri Mar 16, 2012 12:49 pm
by tailon
Do I need to include my child in the ILR application?
My child was born in UK and currently hold tier-1 (general) dependent VISA.
Or once me and my wife gets the ILR, we can apply for his British citizenship?
Thanks
Posted: Fri Mar 16, 2012 2:37 pm
by rentmeda
Hi
Its for you to decide if you want to apply ILR for your kid. Quite necessary if you got immediate travel plans or else can register him using the MN1 form.
This could take a upto 3 months.
With regards to your earlier question I was in a similar situation when I changed from WP to Tier1, short by 16 days to complete 5yrs.
But as seniors on site advised I applied 28 days before using same day service and had no issues.