ILR at end of 5 year work visa?

[Mrbo2]

I am in the UK on a 5 year Tier II work visa.

I was wondering if I could apply for ILR at the end of it, or if I need to extend my visa for an additional, sixth year.

I ask because I won't have 5 years in the country until basically the visa is expired, but I also have heard that you can apply a bit earlier.

Thanks!

[zimba]

The 5 years start from the date of first visa approval. You can apply within 28 days of completing the 5 years

[Mrbo2]

And what happens if the visa expires while you are waiting for an answer on your ILR application? Obviously one cannot leave the country during that time period, but would there any problem with work eligibility during that window?

[ajitu92]

And what happens if the visa expires while you are waiting for an answer on your ILR application? Obviously one cannot leave the country during that time period, but would there any problem with work eligibility during that window?

No there wouldn't. Your leave will be extended by virtue of section 3C of the immigration rules as long as you have made an in-time application. Your current leave's conditions continue under section 3C until a decision is reached on your ILR application.

[Mrbo2]

Cool, that makes sense. Thanks a lot.

[ajitu92]

Cool, that makes sense. Thanks a lot.

You're welcome

[zimba]

And what happens if the visa expires while you are waiting for an answer on your ILR application? Obviously one cannot leave the country during that time period, but would there any problem with work eligibility during that window?

No there wouldn't. Your leave will be extended by virtue of section 3C of the immigration rules as long as you have made an in-time application. Your current leave's conditions continue under section 3C until a decision is reached on your ILR application.

Section 3C of the Immigration Act 1971 to be correct (not the rules)

[ajitu92]

And what happens if the visa expires while you are waiting for an answer on your ILR application? Obviously one cannot leave the country during that time period, but would there any problem with work eligibility during that window?

No there wouldn't. Your leave will be extended by virtue of section 3C of the immigration rules as long as you have made an in-time application. Your current leave's conditions continue under section 3C until a decision is reached on your ILR application.

Section 3C of the Immigration Act 1971 to be correct (not the rules)

Good and well noted point! I shall rewire my brain for next time