ILR - 5 years ?

[smkengr]

Hi All,

I got HSMP on 11/09/2007 but I entered in UK first time on 28/10/2007 (after 47 days). I got extension in Tier-1(General) on 11 Sep 2009 for 3 years which is valid till 11 Sep 2012. I have been out of UK during this tenure for couple of time but on paid leave either I was working fulltime or working remotely for a client when I was in contacts.

I have Premium service appointment on 29th August 2012 (12-13 days in advance from my visa expiry).

Do I qualify for 5 years duration criteria? Would there be any issue for 5 years completion time?

Please suggest.

Thanks.

Smk

[KD1]

I'd wait for seniors and moderators to reply to this because you have a large gap between the date of first visa and date of entry which might swing your case one way or the other in terms of 5 years eligibility.

[cs95tdg]

I got HSMP on 11/09/2007 but I entered in UK first time on 28/10/2007 (after 47 days). I got extension in Tier-1(General) on 11 Sep 2009 for 3 years which is valid till 11 Sep 2012. I have been out of UK during this tenure for couple of time but on paid leave either I was working fulltime or working remotely for a client when I was in contacts.

I have Premium service appointment on 29th August 2012 (12-13 days in advance from my visa expiry).

Do I qualify for 5 years duration criteria? Would there be any issue for 5 years completion time?

Based on the information provided you are eligible to apply 28 days before the 5th anniversary from your EC date. I.e. 11/09/2012 - 28days. See Q5 under the following sticky for the reason why the EC date will be considered instead of the date of entry.

http://www.immigrationboards.com/viewtopic.php?t=79378

[smkengr]

I got HSMP on 11/09/2007 but I entered in UK first time on 28/10/2007 (after 47 days). I got extension in Tier-1(General) on 11 Sep 2009 for 3 years which is valid till 11 Sep 2012. I have been out of UK during this tenure for couple of time but on paid leave either I was working fulltime or working remotely for a client when I was in contacts.

I have Premium service appointment on 29th August 2012 (12-13 days in advance from my visa expiry).

Do I qualify for 5 years duration criteria? Would there be any issue for 5 years completion time?

Based on the information provided you are eligible to apply 28 days before the 5th anniversary from your EC date. I.e. 11/09/2012 - 28days. See Q5 under the following sticky for the reason why the EC date will be considered instead of the date of entry.

http://www.immigrationboards.com/viewtopic.php?t=79378

Thanks for answering as it is clearly stated "The only exception to this, as per current UKBA guidances, is if you delayed your entry in UK by (at most) 3 months from date of issue of entry clearance and fall short of completing the residential qualifying period due to delayed entry in the UK. In such case one may apply for settlement before the current leave expires."
So I can go for premium service with in 28 days.

I actually asked one of the solicitor and he advised send by post as ukba will not approve your case for the same day and there are chances they will keep your case and will say we will inform you later.

Though it is clearly mentioned on the following and I have pasted the paragraph

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

"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."

Still it is mentioned it is up to case worker who may count the period which is bit confusing.

I was planning when i will get my visa on the same day i will apply for my wife by post for FLR(m). so my worries are if they don't decide on the same day and keep my case to decide later then I won't be able to submit required docs with FLR(m) for my wife case. Any suggestion in this case?

[smkengr]

If I go on premium service can I quote the link I mentioned above as it is a ukba official doc?

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

[cs95tdg]

The 3 month period between EC and actual entry is a concession that is given by the CW, so you are correct there. But if you search this forum you will find many applicants who have taken advantage of this concession which was introduced this year and applied successfully in-person at PEO's. It is ultimately upto you whether you want to apply in-person or by post. Being prepared with the reference in question cannot hurt. Do search through the forum to take a look at other success stories before deciding. IMHO, you fall under the criteria mentioned in the guidance above & I don't see that applying in-person to be a problem.