Stuck between ILR and Extension

[sam1893]

Hi
A bit tricky one: I got my first leave to remian as Tier 1 General Migrant on 20th July 2010, I entered in UK on 31st October 2010 (Over 90 days). My first leave to remain was for two years which I got extended in June 2012 and got the BRP.

My current leave to remain is expiring mid of July. But since I entered in UK after the 90 day period, I'm unable to fulfill the 5 years continuous stay criteria and Tier 1 Extensions have been closed on 5th of April 2015.

I just want to ask what are my options here?
What type of application can I or should I make to the home office before my current leave to remain runs out.

Your prompt response would be highly appreciated.

Many thanks.

[manci]

switching to T2G would be one option if you find a sponsor.

Why didn't you extend your T1G leave while it was possible?

[sam1893]

I wasn't aware of the upcoming changes. The worst mistake ever I know. I'm self emplyed at the moment T2G may not be an option for me also my current leave in expiring only in a couple of months are you able to suggest anything else?

[manci]

another option is T1 Entrepreneur but it requires capital. See the guidance:
https://www.gov.uk/government/uploads/s ... 4_2015.pdf

If you were thinking of switching to T2G the time you have is in fact tight. This is because a prospective sponsor would have to carry out an RLMT, which takes min. 28 days, before they could assign a CoS

[sam1893]

Many thanks for your help again mate, I really appreciate. I myself am looking into the requirement document for Tier 1 Ent and planning to talk to some solicitors to get some advice.

I still can't believe that I'm the only one who missed such crucial deadline

If anyone else has the same issue or knows someone who may have a similar problem please let me know.

many thanks again manci

[CR001]

I still can't believe that I'm the only one who missed such crucial deadline

You are not the only one and I am sure there are many other we don't necessarily know about. See link below :

http://www.immigrationboards.com/uk-tie ... 85287.html

[sam1893]

Thanks CR001 .. thats is perhaps the only thread I found related to this topic. Please do share if you have any adivice or info.

[sam1893]

Can anyone in similar situation please respond to this thread?

[ALI97]

Saqibmbhati
I thin you should be okay to apply ilr in july ....just apply by post and give your biometric on last date ....and normal ilr postal application take 3 to 4 month and if u just need time upto 2nd September and then u will be within 28 days of five year time
my few friends successfull in ilr application they were in same situation. ..came to UK after 90 days and short 3 to 4 month from 5 year residence in UK

[rajendrasingh1]

Hi saqibmbhatti ,
I think it is highly unlikely your ILR will be succesful if you applied under your current Leave to Remain. As suggetsed by others the best option would be to make a switch. Whilst the sguggestion to make a postal application could have worked if you were short by say around 30 days but given that you are short by around 3 months+, I am not sure it is worth taking the risk. Frankly I feel HO now is processing postal application much quicker than before as the work load has reduced.

[UKBALoveStory]

Hi saqibmbhatti ,
I think it is highly unlikely your ILR will be succesful if you applied under your current Leave to Remain. As suggetsed by others the best option would be to make a switch. Whilst the sguggestion to make a postal application could have worked if you were short by say around 30 days but given that you are short by around 3 months+, I am not sure it is worth taking the risk. Frankly I feel HO now is processing postal application much quicker than before as the work load has reduced.

I think, covering 90 days is not a big deal and you should be able to cover it easily. I am saying this based on my experience. For ILR, unlike british citizenship, you are good, if you qualify on the day the ILR decision is made rather than application date.
Can you post the following details
Date of initial visa granted:
incountry or out of country application?
Date of entry to uk:
Current leave to remain expiry date:

[sam1893]

Hi
For the benefit of anyone who is in similar situation and happen to come across this thread, I did get the ILR approved.

Timeline of the application can be viewed at the following link:
http://www.immigrationboards.com/indefi ... l#p1281671

A very special thanks to UKBALoveStory and ALI97 for their kind advice and encouragement.

Many thanks
Regards,
S.