ILR - delayed entry to UK

[salonbalm]

I am 2 months and 8 days short of ILR as I didnt come to the UK straightaway. Was wondering if someone else had the same issue and was able to sucessfully apply for an ILR? I know that the guidelines are very clear but was hoping not to spend the fees.

And on that note, would I be paying the full fees or the reduced one for HSMP applicants?

Thanks in advance.

Salonbalm

[cs95tdg]

salonbalm, to ensure you get the correct answers can you give specific dates that apply to your case here for further clarity. I.e. when was your first visa granted, i.e. what was the valid from date - valid to date?, when did you first arrive in the UK (date)?, I take it you are now on a Tier 1 General visa, but what are the corresponding valid from & valid to dates?

There are some consessions given to those who enter the country anywhere up to 3 months after the original entry clearance grant date, but without knowing the specifics above it's difficult to say whether this would apply to you or not.

You can take a look at the UKBA case worker guidance below for further information...

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

The following may apply to you...

2.2 Applications that fall short of the five year continuous period
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.

[salonbalm]

Dear cs95tdg,

My initial HSMP approval was from 31/10/2007 to 31/10/2009. I came to UK on 9 Jan 2008. Then I got an extension under Tier1 till 31/10/2012.

[longshift]

Dear cs95tdg,

My initial HSMP approval was from 31/10/2007 to 31/10/2009. I came to UK on 9 Jan 2008. Then I got an extension under Tier1 till 31/10/2012.

mate, you are fine for ILR. You do not need another extension. As cs95tdg suggested, you will get grace for the time you came late in this country as its less than 3 months.

[salonbalm]

thanks mate.

so do I apply for ILR in october first week (within 28 days) as my leave expires on 31 oct?

[salonbalm]

thanks dude

[salonbalm]

Guys,

If I apply in the last week of october and for some reason my application gets rejected (the case worker might not give me the 3 month advantage), would I be ablle to apply for a
fresh FLR application (considering that I might be already over my visa expiry date) or would it be game over and time for me to go back to india?

[salonbalm]

Dear all,

Could someone please advise me on the above?

Thanks in advance

[silent_warrior]

Guys,

If I apply in the last week of october and for some reason my application gets rejected (the case worker might not give me the 3 month advantage), would I be ablle to apply for a
fresh FLR application (considering that I might be already over my visa expiry date) or would it be game over and time for me to go back to india?

Hello salonbalm
I would best advise you to read this Chapter 6A - Settlement, Annex B ,2
and send an email to SettlementOpsPolicy@homeoffice.gsi.gov.uk with your queries.

[salonbalm]

Dear silent_warrior,

should I refer to Annex B,2 in my email to homeoffice?

Thanks in advance

[salonbalm]

All,

Could you please someone advise on the above?

Thanks in advance.

[geriatrix]

Guys,

If I apply in the last week of october and for some reason my application gets rejected (the case worker might not give me the 3 month advantage), would I be ablle to apply for a
fresh FLR application (considering that I might be already over my visa expiry date) or would it be game over and time for me to go back to india?

Apply for settlement before 31-Oct. Refer to the instructions in the IDI and request that the application be considered in line with the instruction. If refused, appeal and you'll win the appeal.

You are not the only one. There are many who had the same issue ... and have successfully received ILR - taking advantage of this instruction. The instruction has been included for a reason (to prevent applicant's pay extra money to get an extension for few days to be able to apply for ILR .. something you are contemplating doing).

[silent_warrior]

Dear silent_warrior,

should I refer to Annex B,2 in my email to homeoffice?

Thanks in advance

Apologies salonbalm, for not getting back before.Yes you can (if you want peace of mind)
However sushdmehta has already advised on what you can do. Keep us posted of your progress

[salonbalm]

Thanks Guys,

I have emailed the above email address confirming the same.

Will keep you all posted.

Thanks a lot

[salonbalm]

Guys this is what I have got back from home office:

I cannot provide advice on individual applications, but as you are aware, one of the requirements for settlement is that the applicant must have spent a continuous period of 5 years lawfully in the UK. The Secretary of State can apply discretion to disregard short absence during the 5 year period, to enable migrants to travel outside of the UK for the purpose of paid annual leave, or business. This discretion is also applied in cases where the migrant may have delayed their initial entry to the UK, provided this was for a period no longer than 3 months.

If applying for settlement at a PEO, the assessment of this requirement will be made on the day of the appointment, therefore, an applicant must ensure that they can meet the requirement on that day, taking into account any disregarded absences. The PEO appointment can be no earlier than the actual date that the applicant completes the 5 year period, regardless of the fact that they must make an application to extend their leave within 28 days of the expiry of their current leave.

In cases where the applicant has delayed their entry to the UK by less than 3 months (the delay can therefore be disregarded), and their PEO appointment is earlier than 5 years after their Entry Clearance date, they will not be allowed to submit their application, as they will be deemed not to have yet completed the 5 year period, and will be advised to submit a postal application.

A postal application for settlement can be submitted 28 days before the expiry of current leave, as the assessment of whether the applicant has met the 5 year requirement will take into account the period of time between the application being posted, and the date of decision.
I trust this answers your question, but if you have any further enquiries regarding your application, please contact the Immigration Enquiry Bureau 0870 606 7766.

UK Border Agency – Settlement Ops Policy team

way too confusing for me.

[geriatrix]

It seems people are flooding the given email ID with such requests, thereby prompting a response in the form of generic auto-reply.

[salonbalm]

Hi Guys,

Could someone please advise on the above?

Regards,
Vivek

[geriatrix]

I have already done so .... in one of my previous response in the topic.

Reading this topic should offer some reassurance.

[salonbalm]

Guys,

Another confusion. Does the 180 day rule consists of time away from uk and the initial delay of 2 months and 8 days put together? if yes, then I am around 191 days out and if not than I am way below 180.

Could you please advise?

Thanks in advance

[cs95tdg]

Guys,

Another confusion. Does the 180 day rule consists of time away from uk and the initial delay of 2 months and 8 days put together? if yes, then I am around 191 days out and if not than I am way below 180.

Could you please advise?

Thanks in advance

The 180 day rule you refer to does not include the initial delay in entry to the UK, but rather just the time spent outside of the UK since your first entry which I understand is "9 Jan 2008" from your original post.

[salonbalm]

Yes, I did enter uk on 9 jan 2008. I have just read some more posts about this rule and some people have stated that 180 rule is initial entry dealy + time spent outside uk.

[geriatrix]

You cannot be considered "absent from UK" (in context) without having entered UK. Therefore, calculate absences accordingly (i.e - absences from UK after you arrived in the UK).

If someone tells you otherwise, they are wrong.

[salonbalm]

Thanks Guys,

I have finally got an PEO croydon appointmenr for 23rd october.

I have few questions, would someone be kind enough to advise?


1) Set (O) form : Section 3: Which category? I originally came to UK under HSMP (not under Judicial review) but then got extension into tier 1. So should I tick "Tier 1" under Section A or "Highly skilled migrant" under Section B?

2) Section 9 - D1 - Confirm whether 5 years spent in UK. - As I came 2 months and 9 days after my initial HSMP approval, techinically I havent sepent 5 years yet, but as per other senior members here, I would get 3 months initial grace. so should I answer this as "Yes"?

3) Section 9 - D2 : Should I answer this as "No", as per senior members here, any absence will be once I have entered the UK, and I have only been away for 121 days since I came to UK.

Also, since I have got a PEO appointment, could my application be rejected as I havent completed 5 years on the date of appointment? Does one still get charged if application is rejected on PEO?

I know these might be obvious questions, but I would rather be sure than to assume.

Thanks for your patience in advance.

[Adojay]

Thanks Guys,

I have finally got an PEO croydon appointmenr for 23rd october.

I have few questions, would someone be kind enough to advise?


1) Set (O) form : Section 3: Which category? I originally came to UK under HSMP (not under Judicial review) but then got extension into tier 1. So should I tick "Tier 1" under Section A or "Highly skilled migrant" under Section B?

2) Section 9 - D1 - Confirm whether 5 years spent in UK. - As I came 2 months and 9 days after my initial HSMP approval, techinically I havent sepent 5 years yet, but as per other senior members here, I would get 3 months initial grace. so should I answer this as "Yes"?

3) Section 9 - D2 : Should I answer this as "No", as per senior members here, any absence will be once I have entered the UK, and I have only been away for 121 days since I came to UK.

Also, since I have got a PEO appointment, could my application be rejected as I havent completed 5 years on the date of appointment? Does one still get charged if application is rejected on PEO?

I know these might be obvious questions, but I would rather be sure than to assume.

Thanks for your patience in advance.

1) Set (O) form : Section 3: Which category? I originally came to UK under HSMP (not under Judicial review) but then got extension into tier 1. So should I tick "Tier 1" under Section A or "Highly skilled migrant" under Section B?

- Ans: Tier1 General Migrants

2) Section 9 - D1 - Confirm whether 5 years spent in UK. - As I came 2 months and 9 days after my initial HSMP approval, techinically I havent sepent 5 years yet, but as per other senior members here, I would get 3 months initial grace. so should I answer this as "Yes"?

- Ans: Yes

3) Section 9 - D2 : Should I answer this as "No", as per senior members here, any absence will be once I have entered the UK, and I have only been away for 121 days since I came to UK.

- Ans: No (If you have not spent more than 90 days for any single absence since date of entry into the UK), as you have clearly stated you have only spent a total of 121 days since you have arrived the UK.

Regarding whether your application will be rejected as you have not completed 5 years continuous stay prior to appointment date, it has been stated on this thread that this will not be the case. I do believe that you will be be charged if application is rejected for other reasons of your own making, i.e not meeting the requirement for ILR.

Kind regards

Adojay

[salonbalm]

Thanks adojay.

I do score 75 points on the calculator so i guss it should be ok.

Also, while providing proof of salary last time I gave my salary slips and letter from employer but the guide says that the proof has to be from different sources. Couuld you please advise?

Thanks in advance