ILR qualifying period 23 days short

[Hossny99]

I think it’s because I read so many things here and elsewhere about refusals.
Also HO are not always straightforward with their decisions, as sometimes they use part of the rules and not all of them to make excuses for refusals. I’ve read here very similar situations but with spouse/marriage visas where some people where successful and others were not although both applied earlier than they should.
So not really trusting HO and want to make sure I cover all aspects to avoid refusal.
I believe the contradicting advice I was given of counting the 5 year from entry was for spouse visa not PBS hence the confusion.
Thanks for all the advice and patience

[CR001]

I think it’s because I read so many things here and elsewhere about refusals.

If you meet the requirements, there is no reason to refuse.

Also HO are not always straightforward with their decisions, as sometimes they use part of the rules and not all of them to make excuses for refusals.

Not really. This is a generalisation. Remember that many members on this forum don't always state their full circumstances on why they were refused. Often, when it does come out, it is obvious the refusal was correct.

I’ve read here very similar situations but with spouse/marriage visas where some people where successful and others were not although both applied earlier than they should.

Stop reading about spouse visa refusals. They are completely different rules and criteria to PBS dependents.

So not really trusting HO and want to make sure I cover all aspects to avoid refusal.

You are only confusing yourself unnecessarily.

I believe the contradicting advice I was given of counting the 5 year from entry was for spouse visa not PBS hence the confusion.

Correct. Different visas, different rules.

[Ankita321]

Can you please advise Hossny what did you end up doing?

[Hossny99]

Nothing yet, currently preparing the cohabitation proof and will probably be applying for ILR, not until 7th May though, will update the post with what I end up with

[Ankita321]

I think I am in a similar situation but many admins in this forum as well as solicitors have advised that what matters is that on application date you should have a valid visa and this date shkuld be within 28days. For my case ( pbs dependent) my Visa expires on 14th may 2019 and I got my first Visa on 2nd jun14 ( only entered country 29sep14). So I am applying for ILR on 7th may ( 28 days before 2jun19) though I wouldn't have a valid Visa on the day. I presume they are experienced people and wouldn't make a mistake as this is a common process for them.

[Ankita321]

You can look here for peace of mind.
indefinite-leave-to-remain/life-in-uk-t ... l#p1758724

[Hossny99]

Thanks Ankita, yes indeed very similar situations.

My problem is I have been given advice from 3 immigration specialists/companies saying I cannot apply for ILR. Two of them said because I should use entry date not visa issue date, and one said section 3c (period after visa expiry til reaching 5 years) shouldn't be part of the qualifying period!

I also phoned the UKVI contact centre and they said I should use entry date.

Mainly they are referring to immigration rules 319E part (d) which says: The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage for at least a continuous period of 5 years.
Therefore, the 5 years period should begin upon entry into the UK, not the date she was granted entry clearance.

Saying that, I've seen several success stories here in the forum with similar situations.

Personally I believe we should go for ILR, which was confirmed by one immigration adviser and the admins of this forum. So I'm preparing everything for that application, but have also prepared an extension application as I haven't made up my mind yet!

[Ankita321]

Can you please email me on email address removed by moderator. Lets setup a quick call to go over this as I spoke with xxxxxxxx who said you are elgibile.

[CR001]

Can you please email me one email address removed by moderator. Lets setup a quick call to go over this as I spoke with xxxxxxxx who said you are elgibile.

I strongly suggest you read the forum rules!!!

[zimba]

Sharing personal info on the forum is not allowed. You could be targeted by spammers and scammers

[Ankita321]

Sorry about that for posting email address
Btw I just called UKVA and they said this. Now even I am a bit unsure.

"Hi Admin,

I just called on the UKVA helpline and they mentioned that there is a slight problem as the VISA is not valid valid for the full term of 5 years. They said that since the VISA expires on 14th May2019 technically on the 5 year completion date, her VISA is not valid and hence we need to go for a TIER 2 extension and then an ILR post that.
Can someone please help me now? Should I go for a tier2 extension rather than an ILR?

Thanks
"

[compiler2000]

So what is the update/result ? did you apply your wife's ILR ?

[Hossny99]

Applied 10th May before the expiry but the appointment is not until 7th June, very difficult to get an early appointment if not in London
Will update status once done

[Hossny99]

ILR just been granted

Thanks for everyone who helped and all the best to the rest