FLR expires before 60 months in UK, eligible for ILR?

[ppchan2]

Hi all,

Hope to get some advice over this. My current leave to remain expiring on 3rd Dec this year but I only entered the UK on 20th Dec 2014.

Am I eligible to apply for ILR 28days before I reach 60 months of residence here? Do I need to extend my current leave of remain?

I thought it is possible until we talked to a Immigration advisor who said I don’t have right to remain in the UK when I reach 20th Dec this year so my ILR will be refused.

Can anyone help me? I really don’t wish to spend another 2k extra to extend my leave if possible.
Thank you all in advance.

[CR001]

You can apply no sooner than within 28 days before the 5th anniversary of the date you entered the UK. You must have a valid visa when you submit and pay online.

[ppchan2]

Hi CR001,
Thanks for your reply.
Does it matter when my current visa will be expired at the time I reach the qualifying period of 60 months on 20th Dec? Will HO refuse my application based on the fact I don’t have a valid visa then?
Any publication from HO I can refer to?
Many thanks!

You can apply no sooner than within 28 days before the 5th anniversary of the date you entered the UK. You must have a valid visa when you submit and pay online.

[vinny]

Should be okay. Apply for ILR between Friday, 22 November 2019 and 2 Dec 2019.