Shortfall for 5 continuous years

[Emmalr]

Hi

I have been searching the topics and threads for an answer to my question to save posting anything, but have just become more confused as to whether we need an additional Tier 1 extension before we can apply for IDLR.

Basically my husband obtained a Tier 1 General Visa valid from 16/02/2010 till 16/02/2013. I am his dependant for visa purposes. He entered the UK on 1 March 2010 and I entered on 11 March 2010. We posted our application for extension within the month before the 2013 expiry and received an extension valid from 13/02/2013 till 12/02/2015.

2 questions:

1. I presume that we would both take the date of issue of our visa (16/02/2013) as the start date for the 5 years continuous stay?
2. If my understanding in 1. is correct, then we will not have been in the UK for 5 years by the time the visa expires I.e. a shortfall of 4 days. Do we need to apply for an extension of our Tier 1 visa before applying for IDLR? If not, when should we apply if planning on getting a face to face appointment?

Any assistance will be greatly appreciated - even referral to posts that can answer my question.

Thanks

[UpToDate]

Hi,
No one here knows exact answer on this. TBH....try to speak with UKBA for the best answer on this if they could help you.

[abid4u]

1. I presume that we would both take the date of issue of our visa (16/02/2013) as the start date for the 5 years continuous stay?

Yes, if your entry clearance date is also same as your husband's.

2. If my understanding in 1. is correct, then we will not have been in the UK for 5 years by the time the visa expires I.e. a shortfall of 4 days. Do we need to apply for an extension of our Tier 1 visa before applying for IDLR? If not, when should we apply if planning on getting a face to face appointment?

As your husband entered (and you as well ), within 90 days of entry clearance, you would be eligible to apply 28 days before the completion of 5 years of entry clearance, so you can apply on 19/01/2015, no need for any further extension. There are lots of post regarding this point on this forum