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47 days shortage for five years of stay in UK (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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PalemReddy
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Posts: 6
Joined: Wed Mar 21, 2012 10:10 am
Location: UK

47 days shortage for five years of stay in UK (ILR).

Post by PalemReddy » Wed Mar 21, 2012 10:21 am

Hi All,

I am short of 47 days for my five years of stay in UK , to apply for a ILR .
my situation in brief,

came to UK - 12th January 2008 (HSMP)
went to extension -November 2009 (Tier1)
visa valid till -25th November 2012

I am short of 47 days for my 5 years stay in UK.
Do I need to go for another extension or I can staright away apply for ILR.

Regards,
Palem

linkers
Respected Guru
Posts: 1306
Joined: Fri Dec 30, 2011 10:55 am

Post by linkers » Wed Mar 21, 2012 11:16 am

Did you enter UK within 90 days of getting HSMP ?

If yes, then you can apply for ILR 28 days before the 5th anniversary of your Entry Clearance.

PalemReddy
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Posts: 6
Joined: Wed Mar 21, 2012 10:10 am
Location: UK

Post by PalemReddy » Wed Mar 21, 2012 11:34 am

Appreciate for the quick response.

Yes I have entered into UK with in 3 months of EC.

linkers
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Posts: 1306
Joined: Fri Dec 30, 2011 10:55 am

Post by linkers » Wed Mar 21, 2012 2:19 pm

That’s good PalemReddy. Then you can benefit from the Modernised Guidance for Calculating Continuous Period in UK for ILR.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

PalemReddy
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Posts: 6
Joined: Wed Mar 21, 2012 10:10 am
Location: UK

Post by PalemReddy » Wed Mar 21, 2012 4:43 pm

Hi , Thanks for the link.

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.



In this circumstance, can I apply for an in person ILR appointment or I can only apply through postal service.

If I apply in person some time in November 2012, then I will be short of 47 days, will there be a chance of rejection ?


Regards,
Palem

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Re: 47 days shortage for five years of stay in UK (ILR).

Post by push » Wed Mar 21, 2012 4:54 pm

PalemReddy wrote:Hi All,

I am short of 47 days for my five years of stay in UK , to apply for a ILR .
my situation in brief,

came to UK - 12th January 2008 (HSMP)
went to extension -November 2009 (Tier1)
visa valid till -25th November 2012

I am short of 47 days for my 5 years stay in UK.
Do I need to go for another extension or I can staright away apply for ILR.

Regards,
Palem
When did you get Entry Clearance (HSMP VISA)?
regards,
push
Important: Please read this Disclaimer

PalemReddy
Newly Registered
Posts: 6
Joined: Wed Mar 21, 2012 10:10 am
Location: UK

Post by PalemReddy » Wed Mar 21, 2012 5:18 pm

Hi , It was 28th November 2007.

Thanks,
Palem

push
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Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Post by push » Wed Mar 21, 2012 5:20 pm

PalemReddy wrote:Hi , Thanks for the link.
In this circumstance, can I apply for an in person ILR appointment or I can only apply through postal service.

If I apply in person some time in November 2012, then I will be short of 47 days, will there be a chance of rejection ?


Regards,
Palem
Its your choice. The application of provisions of the modernised guidance will not differ.
regards,
push
Important: Please read this Disclaimer

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

Post by Lucapooka » Wed Mar 21, 2012 5:45 pm

It's not clear from your posts if the gap is due to late entry or to early extension. You can only apply the above mentioned concession to late entry.

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