Will ILR counter be reset?

hsmp28122006 · Post by **hsmp28122006** » Tue Feb 10, 2009 8:18 pm

If I am not able to extend tier-1 and have to go back to my home country and apply for entry clearance with tier-2, would this 2-year HSMP period which I have already lived in UK be not counted for ILR?

drjabberwocky23 · Post by **drjabberwocky23** » Tue Feb 10, 2009 10:35 pm

hsmp28122006 wrote:If I am not able to extend tier-1 and have to go back to my home country and apply for entry clearance with tier-2, would this 2-year HSMP period which I have already lived in UK be not counted for ILR?

Yes. I assume you'd have to go back to reapply because your existing leave to remain would have expired while waiting for a decision on your extension? In that case the ILR counter will be reset.

hsmp28122006 · Post by **hsmp28122006** » Wed Feb 11, 2009 8:37 am

drjabberwocky23 wrote:
hsmp28122006 wrote:If I am not able to extend tier-1 and have to go back to my home country and apply for entry clearance with tier-2, would this 2-year HSMP period which I have already lived in UK be not counted for ILR?
Yes. I assume you'd have to go back to reapply because your existing leave to remain would have expired while waiting for a decision on your extension? In that case the ILR counter will be reset.

Yes, existing leave has expired. Is there any document which says ILR counter will be reset? Thanks mate!

drjabberwocky23 · Post by **drjabberwocky23** » Wed Feb 11, 2009 9:08 am

hsmp28122006 wrote:
drjabberwocky23 wrote:
hsmp28122006 wrote:If I am not able to extend tier-1 and have to go back to my home country and apply for entry clearance with tier-2, would this 2-year HSMP period which I have already lived in UK be not counted for ILR?
Yes. I assume you'd have to go back to reapply because your existing leave to remain would have expired while waiting for a decision on your extension? In that case the ILR counter will be reset.
Yes, existing leave has expired. Is there any document which says ILR counter will be reset? Thanks mate!

I don't think there is a counter as such.

What happens is that you need 5 years of continuous residence in the United Kingdom in an appropriate immigration category in order to qualify for ILR. If the existing leave to remain has expired, and you are not granted an extension on an application that is submitted within time, then you end up without any existing leave to remain in the UK. This means returning home to your own country and perhaps subm,itting another application to enter the United Kingdom. Because there will be a gap between the date your current leave expired and the date any future leave is granted, there is a break in your stay in the United Kingdom, and hence removing eligibility for the 5 year-rule from the time of your original entry to the United Kingdom.

That's what I understand anyway!

hsmp28122006 · Post by **hsmp28122006** » Wed Feb 11, 2009 9:15 am

Wow, thats pretty informative, thank you so much!

drjabberwocky23 · Post by **drjabberwocky23** » Wed Feb 11, 2009 9:27 am

hsmp28122006 wrote:Wow, thats pretty informative, thank you so much!

No problem!

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Will ILR counter be reset?

Will ILR counter be reset?

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