Early ILR application: late entry to UK

[amitedge]

Hi All

I got my initial HSMP visa on 12 April 2007. I entered the UK on 10 July 2007 (just under 3 months of the visa start date). After entension under Tier 1, the current leave expires on 12 April 2012.

I have always thought that I will have to reapply for extension before I can apply for ILR in June/July 2012 because of my late entry to the UK. But, only today did I find that they allow late entry to the UK for upto 3 months: [http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary (Annex B, 2.2)].

Now the question is:
* Is this information a new addition to the guideline or something old that I was not aware of?

* Even though I entered the UK on 10th July, will I be able to make an ILR application 28 days before 12 April 2012 (HSMP visa start date) assuming that my initial 3 months do not count as absence?
OR
Should I try to make an application on 11th April 2012, when I am short by 3 months from the date of entry?

As per my current plans, I will have taken three 30 days holidays by April next year since the beginning.

Thanks
Amit

[gidoc]

>>Is this information a new addition to the guideline or something old that I was not aware of? >>

Yes, its very recent

Guidance – ILR - calculating continuous period in UK – v2.0 Valid from 19 April 2011

Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but 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.

You should apply on 12/04/12

[amitedge]

Thanks for your reply.

The only concern is applying on the last day of the visa, sounds risky to me. Is there a possibility that they could reject my application on this criteria? In other words, does this depend on the case worker or is it more like a law?

The other complexity is that my wife is pregnant and we are expecting a baby around September. We will be traveling to India in November, so need to get a visa for the baby.

Would you recommend that I apply for a visa extension for all of us around October? And then ILR next year - to play safe? It is so expensive.

[manyaonisland]

Hi All

As per my current plans, I will have taken three 30 days holidays by April next year since the beginning.

Paid holidays does not count towards absence provided these 30 days are paid holidays from employer you are currently working for.