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UK-Justice
UK-Justice, Barrister
Category: UK Immigration Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Hello, On obtaining my HSMP visa in India for the first

Customer Question

Hello,

On obtaining my HSMP visa in India for the first time, I found that it is valid from 18/12/2007. However, I entered UK after around 2 months, i.e on 15/02/2008.

Now, my Tier-1 (General) visa is valid until 18/12/2012. However, on this date i.e. 18/12/2012, I am still 2 months short of completing a 5-year stay in the UK.

In such a circumstance, can I apply for an ILR (Indefinite Leave to Remain) in Dec 2012, or do I need to apply for my ILR in Feb 2013 ? ?

Solicit your help on this.

Kind regards,
SSS
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  UK-Justice replied 5 years ago.
Thanks for your question. Please remember to click ACCEPT once you get my answer.

You need to have lived here for 5 years.

As such you need to apply in Feb 2013 not from the time your visa was granted.

Please remember to click accept so that I am credited for my time. Thank you.
Customer: replied 5 years ago.
Many thanks for your expert advice. I am told that if the gap between visa approval and entry into the UK is less than 3 months, then an applicant may apply for PR at the end of 4 years and 10 months, and the caseworker may choose to apply his/her discretion. In such a case, is it safe for me to apply for a PR in December 2012 ?

Also, my current visa is Tier-1 (General) and my wife and daughter (10-month old) are on Tier-1 (Dependent) visa. My wife has chosen to work in India for a few years now. In such a case, can I apply for my visa and my daughter's visa, without applying for my wife's visa ? Will I be questioned as to why I am not applying for my wife's visa this time around ?

Look forward to your help on this.

Cheers.
Expert:  UK-Justice replied 5 years ago.
Yes there is a discretion.

Of course by the time they consider the application you may be so close to the time it may make no difference.

Please remember to click accept so that I am credited for my time. Thank you.
Customer: replied 5 years ago.
Hello,

You have missed out on posting the answer to the second part of my query:

Also, my current visa is Tier-1 (General) and my wife and daughter (10-month old) are on Tier-1 (Dependent) visa. My wife has chosen to work in India for a few years now. In such a case, can I apply for my visa and my daughter's visa, without applying for my wife's visa ? Will I be questioned as to why I am not applying for my wife's visa this time around ?

Many thanks.
Expert:  UK-Justice replied 5 years ago.
You may be asked, but yes you can apply for your daughters and not at the same time.

Please remember to click accept so that I am credited for my time. Thank you.
Customer: replied 5 years ago.
Thanks for your reply. My visa and my daughter's visa is valid till the same date, because she is my Tier-1 dependent.

In such a case, are you saying that I cannot apply for my daughter's visa at the same time as mine, or I have the discretion to apply for her visa at a different time ?

Many thanks.
Expert:  UK-Justice replied 5 years ago.
Again you will have discretion.

For the avoidance of doubt you could wait a couple of months.

Then you would be over the required period and there would be no doubt.

Please remember to click accept so that I am credited for my time. Thank you.