Tier 1 General ILR

[arifahmmed]

Hi linkers,
I am new a member in this forum and was happy to look your postings regarding late entry .
I was initially granted HSMP on 10 Dec 20007 and I entered UK on 16th Jan 2008 (36 days late entry). I had extension/ switching to Tier1 and this is valid up to 10th Dec 2012.
However based on following two links I am really confused.

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

Please look page 4 “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…….. “

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

Please look Annex B , section 2.2 (page 46) “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.”

On Both links they mentioned clearly that initial late entry is considered for only those applicants who have granted 5 years continuous leave. I do believe my leave is not continuous because I was not granted five years leave at beginning. I had granted first two years HSMP and then later three years Tier 1. Or I might be thinking wrong. Could you please suggest about continuous five years term issue the mentioned.
Thanks

[push]

Hi linkers,
I am new a member in this forum and was happy to look your postings regarding late entry .
I was initially granted HSMP on 10 Dec 20007 and I entered UK on 16th Jan 2008 (36 days late entry). I had extension/ switching to Tier1 and this is valid up to 10th Dec 2012.
However based on following two links I am really confused.

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

Please look page 4 “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…….. “

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

Please look Annex B , section 2.2 (page 46) “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.”

On Both links they mentioned clearly that initial late entry is considered for only those applicants who have granted 5 years continuous leave. I do believe my leave is not continuous because I was not granted five years leave at beginning. I had granted first two years HSMP and then later three years Tier 1. Or I might be thinking wrong. Could you please suggest about continuous five years term issue the mentioned.
Thanks

Dont worry, you have been granted 5 years continuous leave in that there was no break in your leave. Most applicants have had been granted either 2+3 or 3+2 year leaves under various categories leading to settlement.

You should benefit from the provisions quoted above.

[arifahmmed]

Hi Push,
ould you please attached that link "Disclaimer" again. By clicking it says not exists.
Regards
Arif

[push]

Hi Push,
Could you please attached that link "Disclaimer" again. By clicking it says not exists.
Regards
Arif

This is what the Disclaimer says:

Disclaimer: The comments made by me reflect my personal opinion on the matter and should not be construed as an advice/recommendation of any kind. My status as a Moderator on the Board does not reflect my expertise on immigration related matters. More specifically, I am not qualified to provide any advice, legal or otherwise, on such matters.

Status as Moderator: my status as Moderator on this Board is purely for the purposes of moderating the Board in good faith and on time-permitting basis. Any acts of omission or commissions (wilful or otherwise) in my role as a moderator do not make me liable for any kind of loss, direct, indirect or consequential, incurred by any person (including third parties) or breach of applicable/relevant law/rules.

It is not pertinent to the current query.

[arifahmmed]

Hi push, Thanks for such quick response. I understood and sorry for such question as U will appreciate, as a new starter my experience on this forum and all terms is too new.
Regards

[linkers]

I would agree with what Push suggested arifahmmed.

[arifahmmed]

Hi Push and Linkers,
Thank you for such confident reply about Five years continuous period in my case.
Regards

[lokmanick]

Hi arifahmmed,

Is 36 days late entry not a issue?? can we apply just 28 days before completing the 5 year stay in the UK?? or is it 90 days before completing 5 years stay??

Regards
Lokmanick

[linkers]

Lokmanick, you are confusing the rules. If you entered within 90 days of getting HSMP Entry Clearance, you can apply for ILR 28 days before the 5th anniversary of your HSMP issue date.

[lokmanick]

Hi Linkers, Thanks for the reply.

Ya i am bit confused. As far as arifahmmed is concerned his stamping was on 10 Dec 2007 but he entered UK on 16th Jan 2008. So he would be completing 5 years on 15th Jan 2013. As he could apply for ILR 28 days before complting 5 years, he becomes eligible to apply for ILR on Dec 17th 2012. But his Tier-1 would get expired on 10th Dec 2012. So my question is can he apply for ILR instead of extension??

But he becomes eligible if it is 90 before completing 5 years. So it it 28 days or 90 days (prier to complete 5 years)??? I have heard few of my frieds say it has got changed from 28 days to 90 days but i cannot see it any where in the UKBA site.

[linkers]

As far as I am aware, this rule has not changed recently. arifahmmed got HSMP on 10 Dec 2007 and he entered the UK within 90 days of getting HSMP, he can clearly apply for ILR 28 days before the 5th anniversary of his HSMP visa date which would be 10 Dec 2012 – 28 Days = November 12, 2012

[lokmanick]

okie, I get it now... thanks

[tier_2_applicant]

Hi Linkers,

Is the 90 day rule applicable only when the visa is coming to an end?
My visa is valid till 2014. I complete 5 years of visa stamping in December 2012 and 5 years of entry into UK in Jan 2013.
Could you help me understand when I will become eligible to apply - 28 days before visa stamping date or 28 days before date of entry?

Many thanks.

[tier1Reading]

Hi Linkers,

Is the 90 day rule applicable only when the visa is coming to an end?
My visa is valid till 2014. I complete 5 years of visa stamping in December 2012 and 5 years of entry into UK in Jan 2013.
Could you help me understand when I will become eligible to apply - 28 days before visa stamping date or 28 days before date of entry?

Many thanks.

28 days before visa stamping date, provided you entered UK within 90 days of stamping date.

[linkers]

tier_2_applicant: anyone can benefit from this rule. No matter when your visa expires, you can still benefit from it.

I still had enough visa left when I got ILR and I could have applied 28 days before the 5th anniversary of my first entry to the UK, but I still applied 28 days before the visa stamp date and had no issues.

[cs95tdg]

tier_2_applicant: anyone can benefit from this rule. No matter when your visa expires, you can still benefit from it.

I still had enough visa left when I got ILR and I could have applied 28 days before the 5th anniversary of my first entry to the UK, but I still applied 28 days before the visa stamp date and had no issues.

Linkers, I have a question with regards to the above. After reading the following UKBA guidance my understanding to date has been that this guidance has been provided to CW's for instances where an applicant falls short of the required 5 year residency due to late entry into the UK. But from what you are saying you applied 28 days before your 5th anniversary from your EC date (I.e. not date of entry?) even though you had sufficient leave to remain to cover your 5 year residency period. I'm curious as to whether your case was an exception, rather than according to the following guidance? Can you also let me know which PEO you applied at if it was an in-person application? I will be in a similar situation in January next year, with sufficient leave to remain, but would ideally like to apply for ILR as early as possible, so this information will be useful to determine the earliest date I can apply.

Applications that fall short of the five year continuous period
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.

[arifahmmed]

Hi Linkers,
Do I need to keep money in bank as maintenanace fund for me and my dependents for ILR (form SET O).
Regards
Arifahmmed

[linkers]

cs95tdg: this rule has been around for a while and the case workers are quite familiar with it. Don’t worry; you can still apply 28 days before the 5th anniversary of your EC date (even though if you have sufficient leave left). I know dozens of people who were in a similar situation as I was and they got ILRs successfully. I also met another guy from this forum on the same PEO where I went (Solihull) and his dates were exactly the same as mine were, and both of us weren’t even questioned about this. The case workers are only interested in your LiUK, your evidence to prove salary points, and if your are not breaking 90/180 absences rule. They are not bothered if you apply 28 days before the 5th anniversary of your EC date.

Arifahmmed: unlike Tier-1 (G), there are no maintenance funds requirements for ILR. You don’t need to show any money in your account for yourself or for your dependents.