Shortfall in 5 years for ILR

[jiban]

Hello Experts,

Please advice on my below issue which is worrying me now.

Came to UK in Tier 2 (ICT) on August, 2010 and then applied for Tier 1 on 27-Jan-2011.

First Tier 1 Visa : 04-Mar-2011 till 04-Mar-2013
Extension Tier 1 Visa : 12-Feb-2013 till 12-Feb-2016 (instead of 04-Mar-2016)

In this was I am running short of 20 days in completing 5 years with my Tier 1 Visa. But, again as the rule says we can apply 28 days prior to completion of 5 years, I planning to apply for ILR between 06-Feb-2016 and 12-Feb-2016.

Please let me know if my understanding is correct.

Thanks in advance,

Jiban

[CR001]

You should be fine to apply in that period. Well you don't really have a choice as you can't extend your Tier 1 G visa.

Extension Tier 1 Visa : 12-Feb-2013 till 12-Feb-2016 (instead of 04-Mar-2016)

Extensions are always granted from date of decision. If an applicant applies to early and then has a shortfall, it is not HO's fault.

[jiban]

Thanks for your reply. I will apply between 06-Feb, 2016 and 12-Feb, 2016.

One more question - As I had applied for my Tier 1 Visa from within the country, can they consider my Visa application date as start of 5 years? I heard some mixed views on this and not sure how much this is correct.

Hence, if someone could please post your view.

Regards

Jiban

[CR001]

Yes, the date you were granted Tier 1 G is the start of the 5 year period.

Make sure that all your HMRC tax affairs are 100% in order and up to date and income declared all matches if you used self employment and/or employment in your extensions.

[jiban]

Thanks for your prompt reply. Sorry to bother you again.

My Tier 1 application date - 27-Jan-2011 but I was granted Visa on 04-03-2011. So, my 5 years tenure will start from 04-Mar-2011?

Regards,
Jiban

[CR001]

the date you were granted Tier 1 G is the start of the 5 year period.

It is not the application date.

[jiban]

Thanks a lot for your time and suggestions. This has given me bit relief. Will keep everyone posted once I appear for my ILR.

Regards,
Jiban

[jiban]

Hello All,

Thanks for all your support. I got my ILR yesterday .

Thanks
Jiban

[CR001]

So happy for you and thank you for updating your thread.

[Jacob123]

[/quote]Extensions are always granted from date of application. If an applicant applies to early and then has a shortfall, it is not HO's fault.[/quote]

Thanks jiban for sharing the success story, Many congratulations.

CR001, just wanted to highlight one point - my understanding is that extensions are granted from the date the decision is made by a case worker to grant the leave to remain and NOT from the date of application. Is my understanding wrong?

Thanks,
Jacob

[CR001]

Have corrected my error as yes, it is date of decision, which can be date of application if applying in person and getting a same day decision.

[Jacob123]

Thanks for clarifying CR001.

Cheers,
Jacob