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Duration of 5 years

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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sanch_c
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Joined: Wed Oct 12, 2011 12:15 am

Duration of 5 years

Post by sanch_c » Wed Oct 12, 2011 12:31 am

I had received my HSMP on Jan31st 2007 while in India and entered the UK on March 31st 2007. I switched from HSMP to a work permit and then back to Tier 1 at some point in time. My current Tier 1 expires on 27th March 2012.

I was told that in cases applicants have have not spent fiveyears continuously in the UK before their current leave expires the HO 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.

Is this true. Does this mean that i can apply for ILR after Jan 31st, 2012 itself or will I have to wait till March 31st

Further, from march 31st 20007 I have been out of the country on non work related trips for about 120 days.

However, in the financial crisis of 2009, I lost my job and was out of a job for 7 months. I spent most of this time in the Uk looking for a job and any time spent outside of UK is accounted for in the 120 days above.

I am currently in full time employment. Is this likely to be an issue in ILR?

geriatrix
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Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
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Post by geriatrix » Wed Oct 12, 2011 9:34 am

You may apply for settlement between 03-Mar-2012 and 27-Mar-2012.
See also FAQs for ILR - WP/Tier 1/Tier 2/HSMP holders
Life isn't fair, but you can be!

sanch_c
Newly Registered
Posts: 15
Joined: Wed Oct 12, 2011 12:15 am

Post by sanch_c » Thu Oct 13, 2011 11:08 am

thanks for that. Any suggestion on the time out of work. The guidance seems to be suggested that if you are not continuously resident in the UK then you should not have been out of work for more than six months. But i have been continuously resident ...but have been out of work for 7 months. Does that matter

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