28 days grace period if applied for ILR before visa expires

[dineshgarg58]

Hi

I have applied for my ILR 14 days before my visa expires but unfortunately didn't receive acknowledgement letter. So my employer has sacked me. I called Home office, they said if you have not received acknowledgement letter, you have 28 days grace period. but refuse to give me any more details.

now what does this 28 days grace period means?

1. Because I have applied on time so 28 days grace doesn't applies to me? or for 28 days I am legal to stay in this country but its will be my employer decision to keep me or not

2. Because I don't have any proof that I have applied for ILR, I can still work in this country with 28 days grace period or till the time I don't receive acknowledgement letter.

3. if rule 2 applies to me than how can I prove it my employer that i can work legally for next 28 days.

please help

Thanks
Dinesh

[CR001]

Your employer could have easily checked your eligibility through the system HO has in place for employers.

Why didn't you apply in person for ILR?

[dineshgarg58]

They tried calling HO using ECS but for that you need Case ID which comes in acknowledgement letter only. And as I said, I have not received that letter. And ECS works only if you have your Biometric done.

I was not able to apply in person because I was short of some days from completing 5 years.

[CR001]

You could/can apply for ILR anytime within 28 days before you meet the 5 years residence requirement.

[nitint1]

Hi
I have a similar case my Tier 1 General visa starts from 1st Nov 2010, but I first came to UK on 27th Nov, so I'm in a situation where my Visa expires on 1st Nov. So when am I eligible to apply for ILR?
28 days before 1st Nov or
28 days before 27th Nov?
I came on 27th Nov for a week (until 6th Dec) and then left back to India and came back on 16th Feb 2011.

Thanks
Nitin

[CR001]

28 days before 1st Nov

This one as you are covered by the 90 day concession available to PBS migrants.

[nitint1]

Thanks CR001