Do I qualify for ILR? Please help.

[kirolosbasha]

Can anyone please advise me.

I am a Tier 1 (General)Visa Holder.
My Entry Clearance (Date of issuing the Visa) : 08.11.2010
Date of First Entry : 05.03.2011
GAP = 117 days which is more than 90 days
My Leave to remain visa valid till 28.01.2016
Days out of the UK as following: 21 days in 2011 & 14 days in 2013


I know that my 5 year qualifying period starts from 05.03.2011
ILR Date=05 MARCH 2011 + 5years =>05 March 2016

I know that I can apply 28 days before my qualifying period(5 years)
so 05 March 2016 - 28 days => 06 Feb 2016 ( ILR Eligibility Start )

As you can see I still have around 7 days shortage to be eligible to apply for ILR.

My Question is; Can I apply for ILR by 06 Feb 2016 depending on the ''28 day grace period'' instead of going for 2nd extension ??

I appreciate your help in advance.

Regards,
kirolos

[haiksuresh]

I believe you can go for ILR on or after Saturday, 6 February 2016.

Regards,
Suresh

[Maxx18]

You can only disregard breaks in the period of lawful residence in the following
circumstances:
 applications made on or after 9 July 2012, where the application for indefinite leave to
remain (ILR) is made no more than 28 days after the expiry of the applicant’s previous
leave
 any periods disregarded in granting leave to remain on or after 1 October 2012 where
they occur during the qualifying period for ILR.

https://www.gov.uk/government/uploads/s ... eriods.pdf

So it seems people are given upto 28 days after their current leave expires to make an ILR application .. I guess this is possibly for things like the Life in the UK test etc.. Additionally, I would recommend going in - person for your application in 2016 -- just to be safe.. They do have the ability to apply discretion in some cases.. Make sure you take all your evidences/papers/proof of residence etc..

[kirolosbasha]

Thanks haiksuresh & Maxx18 for your speedy reply.

But, Do you think that i still can apply 28 days before my qualifying period (5years) which started in 05.03.2011 .Noting that in my case the gap between initial visa stamp & entry clearance exceeded 90 days (117 days) ?

Cheers,
kirolos

[kirolosbasha]

Hi all

I urgently ask your advice regarding my post below.


Recently, I was advised by a lawyer and she suggests that it will be okay for going to ILR .But, I will have to apply FL(O)Application by 28.01.2016(BRP expiry date)and then apply for ILR on 05.03.16 (First day in my qualifying period) .

Is that true ???
please advise !!!!
I appreciate your help in advance,

Regards,
kirolos

[shahmir]

Safest way out here is what your lawyer has suggested.
If you become over-stayer even for 7 days, I think you will have to provide some reasonable evidence for example proof of your flight cancellation due to weather etc and I think as an over-stayer you will also loose the right of appeal. Seniors please correct me if I'm wrong. If I am in the same situation, I would definitely not put myself in risk and will get extension and then I will apply for ILR as your lawyer advised. I understand you will have to pay an extra fee but imagine if decision doesn't come according to your expectations and then you will be paying loads of money to these lawyers again.

[ALI97]

Hi kirolosbasha,
I know at least 05friends who were short of days like you and they come after 90 days of entry clearance visa
They applied ilr by post and all got approved.even one of my friend was short 04 month he was approved.
You r only 07 days short which will cover during biometric process....
I think you should be OK,,