Having valid visa whilst applying for ILR before 28 days

[steventony]

Hi

when you are applying for ILR before 28 days of your 10 yrs route Do you still need to have valid visa (for 10 yrs route) covering that 28 period.My question is what in case if you fall short of a month before hitting 10 yrs residence and do not have any valid visa covering 28 days period .Can you still apply for ILR or do you need to go for one more extension to cover that one month and later apply for ILR.

Thanks

[CR001]

What date did you enter the UK?

What date is your visa expiry?

Please do not spam the forum (again) with multiple topics asking the same thing!!!

[steventony]

Thanks for your response...

Visa : T2 ICT Established Staff and looking for 10 yrs route for ILR
Date of Visa start date 28-Apr-2011
Arrived in UK 14-Aug-2011 (108 days after visa start date)
Qualify for ILR on - 11-Aug-2021
Earliest i can apply is under 28 days rule 14-Jul-2021
I am with the same employer from day 1 and had already 2 extensions and 3rd one is in progress


I am asking this question hypothetically what in case if my current extension is given only up to say 20-Jul-2021.Should i have visa end date covering 28 days period up to 11-Aug-2021 to apply for ILR before 28 days

[dan883]

I am asking this question hypothetically what in case if my current extension is given only up to say 20-Jul-2021.Should i have visa end date covering 28 days period up to 11-Aug-2021 to apply for ILR before 28 days

No.

[CR001]

Date of Visa start date 28-Apr-2011
Arrived in UK 14-Aug-2011 (108 days after visa start date)
Qualify for ILR on - 11-Aug-2021
Earliest i can apply is under 28 days rule 14-Jul-2021
I am with the same employer from day 1 and had already 2 extensions and 3rd one is in progress

Earliest is 17th July 2021 (not 14th July) IF you meet all the requirements.

What are the visa start and expiry dates of all your visas held in the UK?

What date did you submit your extension application?? I do remember that you also still have the current non molestation order issue too.

[steventony]

I am asking this question hypothetically what in case if my current extension is given only up to say 20-Jul-2021.Should i have visa end date covering 28 days period up to 11-Aug-2021 to apply for ILR before 28 days

No.

Thanks ..Just to be clear are you confirming to me that there is no need to have valid visa covering last 28 days before applying for ILR ?

[dan883]

Thanks ..Just to be clear are you confirming to me that there is no need to have valid visa covering last 28 days before applying for ILR ?

Yes. You would be good if you have valid visa at the time of application.

[aman90]

The key thing is to make an “in time application” ie before the expiry of the current visa..it can be a day before expiry! After that ur covered by 3C.. this provision extends the conditions of ur visa till a decision is taken on the new application.
Try to take appointment within 28 days of qualifying period..

[steventony]

Thanks Aman & Dan ...i came after 108 days after my initial visa start date with T2 ICT established staff visa...Will this gap of 108 days affect my ILR

[CR001]

Thanks Aman & Dan ...i came after 108 days after my initial visa start date with T2 ICT established staff visa...Will this gap of 108 days affect my ILR

Long residence ILR has nothing to do with when your visa was issued and how long you took to enter the UK.

Your residence only starts counting from the date you enter the UK for ILR LR.

[steventony]

Thanks Aman & Dan ...i came after 108 days after my initial visa start date with T2 ICT established staff visa...Will this gap of 108 days affect my ILR

Long residence ILR has nothing to do with when your visa was issued and how long you took to enter the UK.

Your residence only starts counting from the date you enter the UK for ILR LR.

Thanks a lot Clarifying this to me

[steventony]

Date of Visa start date 28-Apr-2011
Arrived in UK 14-Aug-2011 (108 days after visa start date)
Qualify for ILR on - 11-Aug-2021
Earliest i can apply is under 28 days rule 14-Jul-2021
I am with the same employer from day 1 and had already 2 extensions and 3rd one is in progress

Earliest is 17th July 2021 (not 14th July) IF you meet all the requirements.

What are the visa start and expiry dates of all your visas held in the UK?

What date did you submit your extension application?? I do remember that you also still have the current non molestation order issue too.

Thanks ...My initial visa start date is 28-Apr-2011 and i am now with my 3rd extension which will now be granted for 2 yrs and as per the COS it will be end of May 2021 and i am eligible for ILR on 17th Aug 2021 hence i need to go for one more extension may be for an year in May 2021.

Regarding non molestation order have done enough research with legal team.The inference is it is just an order ..in my case the case did not lead to any judgement..You can check your credit report it will show if you have any civil court information listed against you.there was nothing for me.I obtained ACRO, DBS and Subject access report nothing was listed in those .Hence i am clean ..

[steventony]

Also income tax penalties are not real penalties ...Home office are interested in any penalties put by court (Either Civil or Criminal)

Summons for Council tax (in case any one has) - not to be worried and there is no need to declare in visa application as council will go in bulk to obtain summons and not with any individual name.If there is no further action from council going to court for bankruptcy then it is not be declared in your visa application

[steventony]

After submission for extension ,can employer have any option to increase the number of years in the COS within the same application ...my company want to increase from 2 to 3 ...is this possible