Hi,
I am also having shortfall of 31 days for 5 year Qualifying period to go for ILR (TIER 2 visa).
My first TIER 2 visa 07-04-2010 to 21-03-2013 ( 2 weeks short of 3 years)
extension TIER 2 visa 14-03-2013 to 07-03-2015 (1 week short of 2 years), went for extension 1 week before expiry of first visa.
As a whole, I have 4 weeks short of 5 years.
In the above two times (First time TIER 2 visa and Extension) I am holding the job with the same employer and and COS clearly states that it's open ended contract (permanent). In spite of that the HO issued me 3 weeks short of 5 years and I extended my visa 1 week before expiry of first visa.All in all I am short of 4 weeks.
So with the above visa dates the total time period adds up to only 4 years 11 months and 1 day only as per
http://www.timeanddate.com/date/duration.html.
In my case based on the dates which I gave how many days I am short off? ( I am asking this question coz I phoned homeoffice and gave the dates, she told me 31 days short of 5 years, I tried to calculate myself by entering the start date and end of of visa online website at
http://www.timeanddate.com/date/duration.html. It says 4 years 11 months 1 day). Anyways, I may be short of 31 days if I start from backward dates.
Please help me with your valuable advice what I need to do? Should I go for Extension just for 2- 3 days shortage for 5 years qualifying period (includes 28 days before 5 years) or ILR? extension costs me too much as I have 3 dependents.
With the above shortage problem I am thinking 2 options to follow one of the option.
Option 1: Apply for ILR on the last day of visa (7th of March 2015) by post making sure to post after the last collection of post on 7th March (being Saturday around 12PM) so that the posted application will only be collected on Monday and May reach destination HO on Tuesday the 10th March 2015 by that time I will be completing 5 years of qualifying period (includes 28 days before 5 years QP) and so HO may not say I m short of days for 5 years QP to get ILR under SET (O).
Option 2: Posting my extension application under TIER 2 (2nd extension to cover shortage of days) along with dependents on the last day of visa validity (making sure to post it after the last collection on 7th March 2015. Being Saturday on 7th of March 2015 he application be picked up on Monday only (as it was posted after last collection time on Sat) and may arrived destination HO on the 10th of March 2015 Tuesday) at the earliest. In this mean time on Monday 9th of March I will post my SET (O) application with a cover letter to HO to convert my extension application to SET (O) as I am eligible for ILR under "28 days rule".
Please advice me the best option to go forward. If any other option is available other than those mentioned aboveI I am more than happy to follow, but I don't want to waste my money just for extension just to cover 2-3 days shortage for 5 year QP.
The other issue I have is of the 3 dependents I have two are kids who born in UK. I am thinking not to apply for extension or ILR for them (based one of the parent gets ILR status the kids who born in UK will automatically get British citizenship immediately).
Do they need a visa extension( if I send an extension application to cover the shortage days)? or ILR ?. If they don't need visa extension or ILR, will their applications be rejected when we apply for British Citizenship after our ILR status on the grounds of "Not having valid leave to remain" condition?
Hope some one may rightly advice me to the next course of action.
thanks
UGR