4 year 10 month tier two visa

[led1994]

Hello,

I am writing to inquire about my eligibility for Indefinite Leave to Remain (ILR) based on my Tier 2 visa history.

My first Tier 2 visa was approved on June 26, 2019, and I arrived in London on June 29, 2019. The first visa period was valid from June 26, 2019, to April 18, 2022.

My second Tier 2 visa was granted from April 14, 2022, to April 14, 2024. While there is a two-month gap between the visas, the combined duration adds up to four years and ten months.

Therefore, I would like to confirm if I am eligible to apply for ILR on April 14, 2024, based on completing the necessary residency requirements.

Thank you for your time and consideration.

[Frontier Mole]

The earliest time you can apply for ILR is 5 years less 28 days from the date of issue of your first visa on June 26th 2019.
Therefore you can’t apply on April 14th 2024 - the earliest date would be May 29th 2024 - so you will need a new COS to bridge the gap.

[zimba]

The earliest date of ILR eligibility is 5 years minus 28 days. It is possible to apply earlier without a new extension, by benefiting from the date of the decision.

See: How to apply early and benefit from the date of the ILR decision ?

[Frontier Mole]

I know there have been cases where people apply for ILR before the 28th day prior to the completion of 5 years and then in essence have gotten away with it. More to do with the inefficiencies of the Home Office rather than the point of law.
The immigration rules are clear that an ILR application cannot be made before the completion of 5 years less 28 days. The Home Office is able and entitled to reject applications that do not meet that validity test.
As the Home Office moves further into digital processing the online systems will increasingly prevent these early applications.

[secret.simon]

To probe your thought process on the point above, @Frontier Mole, would it be in order for the OP or somebody in a similar position to make an FLR application in the appropriate stream and then vary it to an ILR/SET application the day they become eligible for it?

The risk with such an approach presumably is that the financial outlay for that approach is much higher.

[zimba]

I know there have been cases where people apply for ILR before the 28th day prior to the completion of 5 years and then in essence have gotten away with it. More to do with the inefficiencies of the Home Office rather than the point of law.
The immigration rules are clear that an ILR application cannot be made before the completion of 5 years less 28 days. The Home Office is able and entitled to reject applications that do not meet that validity test.
As the Home Office moves further into digital processing the online systems will increasingly prevent these early applications.

Are you suggesting the UKVI will not follow its own guidelines which I quoted in the link above, regarding using the date of decision?
Also what the applicants are exactly getting away with if they already meet the required lawful residence when a decision is about to be made?

[Frontier Mole]

The guidance clearly states you can’t apply for ILR any earlier than 28 days before your completion of 5 years. The fact that it is essentially a concession granted is a benefit to the applicant - what I am stating it is not a right and the early applications are being given an unwritten concession and individuals should not rely on it. Particularly if individuals have not actually got leave through to 28 days prior to eligibility.
It is wrinkle in the Matrix

[zimba]

The guidance clearly states you can’t apply for ILR any earlier than 28 days before your completion of 5 years. The fact that it is essentially a concession granted is a benefit to the applicant - what I am stating it is not a right and the early applications are being given an unwritten concession and individuals should not rely on it. Particularly if individuals have not actually got leave through to 28 days prior to eligibility.
It is wrinkle in the Matrix

Oh, I got it

[Frontier Mole]

I am in favour of a formal bridging visa for limited periods - say 90 days. This would stop the stupidity of people using FLR outside their visa route and then varying.
The bridging would be solely for ILR purposes.

[led1994]

Hi, thanks for your feedback. I appreciate your clarifying the potential benefits of extending my Tier 2 visa. I'll consider applying for an extension to ensure a smooth transition

[Frontier Mole]

I would try the Zimba suggested route given the time between your visa expiry and ILR - I am not the greatest fan of loopholes in the system BUT if they are there and can be used with sucess - why not

[lolo2]

I did a quick maths in this case and OP would be just on time for everything, but I also think it's still possible to apply for ILR and benefit from the date of decision as suggested.

The other factor is to confirm with the employer that they are willing to support the ILR application instead of a visa extension - giving the tight timeframe. Usually employers start issuing CoS for extensions three months before the expiry date, so OP might need to discuss this with the sponsor.