which visa to apply for: ILR or tier 2 general extension

[arsenal49]

I can either apply for
1. ILR visa based on 10 year, or
2 Tier 2 extension

My tier 2 visa expires in Jan 2015 and i become eligible to apply for ILR in October 2014.

If i apply for ILR in Oct 2014, then its unlikely i will have my decision by January 2015. since my work visa and contract expires in Jan 2015, will i be able to continue working (in Jan 2015, while my (hypothetically speaking) ILR application is under consideration.

Assume that my employer is ok with me working and the only hurdle is to convince my employer that i am "legal" even though my previous tier 2 visa has expired and the contract which was up until jan 2015 will also have expired.

i would rather go for ILR then tier 2 to be honest but i need to know if its not possible.

i am confused. please help.

[Mind_The_Gap]

Hi arsenal 49,

ILR based on 10 years residency

Section 3C of the Immigration Act 1971 – “It is often not possible to decide an application for an extension of leave until after the period of leave has expired. To prevent applicants from becoming overstayers through no fault of their own, section 118 of the Nationality, Immigration and Asylum Act 2002 introduced an amended section 3C into the Immigration Act 1971. Section 3C automatically extends the leave of a person who has made an application for further leave to remain during a period of extant leave. Technically, the leave is "treated as continuing".

MindTheGap