ILR or Extension_Kindly help

[krishna6693]

Dear Experienced Friends

Although I was quite confident, recently I received different opinions from different colleagues/friends.
Your inputs/suggestions would be of great value to me.

What is the earliest date I can apply for ILR?
OR
Should I go for another extension?


Below are all the relevant dates:
Tier 1 General Visa Valid from: 16 Apr, 2010
Date of entry into UK: 08 May, 2010

Was outside of the UK for
14 Sep 2011 to 15 Sep 2011
15 Oct 2011 to 17 Oct 2011
01 Apr 2012 to 03 Apr 2012
13 Jan 2013 to 03 Feb 2013

Tier 1 General Date of expiry: 16 Apr, 2013
Date application posted for Extension: 20 Mar, 2013

Date (new) leave to remain was valid from: 11 Apr, 2013
Date (new) leave to remain is valid until: 11 Apr, 2015

Although I had applied by post, and within the 28 days before visa was due to expire - my leave to remain is granted only until 11 Apr 2015 which is 5 days short for completion of 5 years (ideally should be 16 Apr 2015).


Many thanks,

Kind Regards
Krishna

[haiksuresh]

you can go for ILR on or after Thursday, 19 March 2015

[krishna6693]

Hi

Thank you very much.

For my understanding/satisfaction, please can you confirm that I understood this correct?

1. In my case, Continuous period for 5 years will be calculated from date of initial entry 16Apr2010 (not 08May2010 which is my date of entry into UK).
2. It is not a concern that visa was granted only until 11Apr2015 (5 days short to 5 years).
3. Do I need to obtain letters from employer for my days outside UK? For the following days, I was out on business.

14 Sep 2011 to 15 Sep 2011
15 Oct 2011 to 17 Oct 2011
01 Apr 2012 to 03 Apr 2012

Many thanks

Regards
Krishna

[ram80]

1. Yes, however 16Apr2010 is the date your visa is valid from, not your date of initial entry.
2. Yes, because you may apply for ILR 28 days before you complete 5 years continuous residence from the date of your initial visa.
3. Better to get, but going by the information supplied it may not matter as it is just for a few days.

[krishna6693]

yes my question should have been


1. In my case, Continuous period for 5 years will be calculated from date visa valid from 16Apr2010 (not 08May2010 which is my date of entry into UK).

Thank you very much.

[krishna6693]

Hi

I am getting mixed responses from immigration advisers that I should apply for Tier 1 Extension as visa is valid only until 11Apr2015 which is 5 days short of continuous period for 5 years.

Please can I have another opinion on this issue please.
Ideally I should be eligible for ILR; but I'm in a very much confused state now.

Regards
Krishna

[krishna6693]

I spoke to HO today; and they informed that I should be ok. and to explain the situation in cover letter while applying for ILR.

[ram80]

Thanks for the confirmation from Home Office. Others may benefit from knowing it.

As far as I am aware, you need to have an active T1G visa on the day you apply for ILR, and you need to prove that you have a minimum of 5 years (minus 28 days) of continuous stay when you apply, after all acceptable absences are considered.

[krishna6693]

Hi Ram

Yeah, my Tier 1 G visa is valid until 11Apr2015.. So my 5 years continuous period calculation would be since 16Apr2010 (date of entry clearance) and not (08May2010 which is my date of entry into UK).
I had been out of the UK only for 30 days.

I intend to apply for my ILR in last week of March2015.

Will keep you guys posted.

Regards
Krishna

[krishna6693]

ILR Success today at Birmingham Solihull PEO.. Many thanks for your suggestions and inputs..

Kind Regards
Krishna

[mkh]

ILR Success today at Birmingham Solihull PEO.. Many thanks for your suggestions and inputs..

Kind Regards
Krishna

Any reason why you didnt apply 28 days before your EC date?

[krishna6693]

No specific reason. I was confused with the dates so wanted to apply as close as possible to expiry date.