Apply for ILR 2 months before eligibility

[arnie365]

Hi,

My Tier1 expires in Nov-2015.
I will complete 5 eligible years for ILR in Jan-2015 (Tier 2 + Tier1 combined).

I also have made the eligible earnings in the last 10 consecutive months.

Effectively, I have the eligible points to make an ILR application as of today(Nov-2014), instead of waiting till Jan-2015.

Would UKBA consider this?

rgds,
Arnie

[genorp]

The rules are clear that you should not apply before 28 days before you are eligible.

If you're current visa expires 2 months before you are eligible to apply for ILR you will need to extend it, the only time being an overstayer is overlooked is if it is within the 28-day allowance.

Someone asked a different but related question directly to the government using FOI and received a response that answers your question.
https://www.whatdotheyknow.com/request/ ... elating_to

[arnie365]

Sorry, it is confusing. Can I apply within 28 days before eligibility?

I do not have to worry about expiry as it is Nov 2015.

But I am eligible by 1 Jan 2015.

So, can I apply anytime within 28 days before 1jan 2015?

Rgds
Arnie

[Malik44]

Yes you can apply

The rules are clear that you should not apply before 28 days before you are eligible