ILR Requirements Clarification

[alphakh1]

Hi,
I got an initial spouse visa for 33 months but came to UK after 4 months. That means I spent 29 months in UK on initial spouse visa. When the visa was close to expire around 18 days left, I applied for extension via normal postal service. Let's say the visa expired on 20 March, 2017 so I posted my documents on 2 March, 2017. I was expecting that when I would be getting visa, they would put the start date from 21 March onwards but when I get my residence permit the visa started 26 April, 2017. The duration of the visa is around 30 months and three weeks. Please advise how the period between 20 March, 2017 and 26 April 2017 be dealt with when I apply for ILR. During this period my case was under consideration with home office. The combined duration of previous visa + this gap + the new visa is well above 5 years.
Thanks,

[paboluuk]

Hi alphakh1,

As your application was held with HO during your visa extension which is considered as valid and you can count that gap while submitting your ILR application. Hope you got what I mean.

Many Thanks

[zimba]

You made an in-time extension application (before visa expiry) So during the time waiting without a valid leave for your new application, you were protected under section 3C of immigration act. This period is considered lawful period of stay and counted towards ILR.