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Second extenssion or ILR ?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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srsatya
Newbie
Posts: 33
Joined: Wed Nov 25, 2009 9:19 am

Second extenssion or ILR ?

Post by srsatya » Wed Dec 07, 2011 4:29 pm

Hi Experts,

Please suggest me if I should go for second extension or will I qualify for ILR.


•HSMP stamped and valid from 17th December 2007.

•Entered in UK on 8th March 2008 (I entered the country 54 days after the beginning of the entry clearance).

•First HSMP extension in December 2009, visa granted and valid till 17th December 2012.

•Out of UK 110 days, not continuously 90 days (All On paid leave).

•Visa expires on 17th Dec 2012.

•I am short of 54 days to qualify for ILR as I entered 54 days late to UK.

Questions
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1) Will I qualify for ILR on 17th December 2012 or do I need to go for sencon extension.

2) If I need to go for second extension, when will I be eligible to apply for second extension.

3) How much bank balance I need to show for ILR.

As per the below, will I qualify for ILR in Dec 2012, as I entered 54 days after the beginning of the entry clearance)


http://www.ukba.homeoffice.gov.uk/sitec ... chapter6a/

see section 1, appendix 2, page 46, item 2.2 that (In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 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 5 years, provided this period was not longer than 3 months.)

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Wed Dec 07, 2011 4:52 pm

How you are arriving at a figure of only 54 days delay? 17 Dec to 8 March is more like 80 (without me bothering to count exactly). Nevertheless, in spite of your error, you still qualify for the late entry concession as it's less than 3 months. You can therefore use the 5th anniversary of the visa issue date (17.12.12) as the end of your qualifying period and can apply 28 days before this.

srsatya
Newbie
Posts: 33
Joined: Wed Nov 25, 2009 9:19 am

Post by srsatya » Thu Dec 08, 2011 10:29 am

Lucapooka wrote:How you are arriving at a figure of only 54 days delay? 17 Dec to 8 March is more like 80 (without me bothering to count exactly). Nevertheless, in spite of your error, you still qualify for the late entry concession as it's less than 3 months. You can therefore use the 5th anniversary of the visa issue date (17.12.12) as the end of your qualifying period and can apply 28 days before this.
Iam sorry, its my bad, its coming to 83 days, thanks for your expert advise. Could you also answer 2 questions please?

1. How much bank balance I need to show for my ILR.
2. My wife joined me on 11th of Feb 2011, I cannot apply ILR for her as she will complete 2 years on 11th of 2013, and her visa is also expiring on 17.12.12, could you please let me know how to handle my wife’s visa. Shell I go for my ILR first and then apply extenssion for my wife ?.

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Thu Dec 08, 2011 10:44 am

You don't need a minimum bank balance. If and when you are granted ILR, you wife must switch her status using FLR(M) and an then wait until she has completed two years. She will be eligible for ILR 28 days before Feb 11, 2013

zahid.ali.anwar
Member of Standing
Posts: 471
Joined: Mon Jan 19, 2009 7:04 am

Post by zahid.ali.anwar » Thu Dec 08, 2011 10:48 am

srsatya wrote:
Lucapooka wrote:How you are arriving at a figure of only 54 days delay? 17 Dec to 8 March is more like 80 (without me bothering to count exactly). Nevertheless, in spite of your error, you still qualify for the late entry concession as it's less than 3 months. You can therefore use the 5th anniversary of the visa issue date (17.12.12) as the end of your qualifying period and can apply 28 days before this.
Iam sorry, its my bad, its coming to 83 days, thanks for your expert advise. Could you also answer 2 questions please?

1. How much bank balance I need to show for my ILR.
2. My wife joined me on 11th of Feb 2011, I cannot apply ILR for her as she will complete 2 years on 11th of 2013, and her visa is also expiring on 17.12.12, could you please let me know how to handle my wife’s visa. Shell I go for my ILR first and then apply extenssion for my wife ?.
1. You don't need to show any bank balance in your account. But it is always advisable to keep the good amount in your bank account before you go for your ILR. As it shows that you can support your family.

2. Your wife, being your dependant has her visa linked with your visa. So you might have to get an extension for her visa. However, If you booked the appointment at PEO 28 days before your 5 years. You are lucky to get ILR. After that just apply your wife's visa as using Form FLR(M). and when her two year finishes apply for her ILR as well.
The question is... to be or not to be....

srsatya
Newbie
Posts: 33
Joined: Wed Nov 25, 2009 9:19 am

Post by srsatya » Fri Dec 09, 2011 9:11 am

zahid.ali.anwar wrote:
srsatya wrote:
Lucapooka wrote:How you are arriving at a figure of only 54 days delay? 17 Dec to 8 March is more like 80 (without me bothering to count exactly). Nevertheless, in spite of your error, you still qualify for the late entry concession as it's less than 3 months. You can therefore use the 5th anniversary of the visa issue date (17.12.12) as the end of your qualifying period and can apply 28 days before this.
Iam sorry, its my bad, its coming to 83 days, thanks for your expert advise. Could you also answer 2 questions please?

1. How much bank balance I need to show for my ILR.
2. My wife joined me on 11th of Feb 2011, I cannot apply ILR for her as she will complete 2 years on 11th of 2013, and her visa is also expiring on 17.12.12, could you please let me know how to handle my wife’s visa. Shell I go for my ILR first and then apply extenssion for my wife ?.
1. You don't need to show any bank balance in your account. But it is always advisable to keep the good amount in your bank account before you go for your ILR. As it shows that you can support your family.

2. Your wife, being your dependant has her visa linked with your visa. So you might have to get an extension for her visa. However, If you booked the appointment at PEO 28 days before your 5 years. You are lucky to get ILR. After that just apply your wife's visa as using Form FLR(M). and when her two year finishes apply for her ILR as well.
Just wanted to know, do you think £8000 is good amount as bank balance as savings to me and my wife.

zahid.ali.anwar
Member of Standing
Posts: 471
Joined: Mon Jan 19, 2009 7:04 am

Post by zahid.ali.anwar » Fri Dec 09, 2011 9:57 am

srsatya wrote: Just wanted to know, do you think £8000 is good amount as bank balance as savings to me and my wife.
The rule of the thumb is to follow the maintenace fund requirment laid by Home Office. That is GBP 800 for you and GBP 533 for each of your dependant.
The question is... to be or not to be....

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