Indefinite leave to remain UK London

[alexandme]

Hello,

Wondered if anyone can help me with my query.

My student visa ends 31 May 2009, and on 11 July 2009 it will be 10 years of my residency in UK. I would like to apply for Indefinite Leave to Remain but have a gap between 31 May and 11 July. Does anyone know if i can apply for settlement (Indefinite Leave) before 31 May? If not, what can i do to be able to apply for settlement?

Thank you

[ci07jjs]

what do you mean gap - do you mean you did not apply for extension on time?

If so in my opinion, the gap seems too long to qualify for residency. Although this can be granted based on the discretion of the caseworker if you have a valid argument (eg, compassionate circumstances).

[alexandme]

Thank you for your reply.

I still have visa till 31 May 2009. But from 31 May 2009 till 11 July 2009(my 10 years of residency in UK) there is 6 weeks "gap". I wanted to apply for Indefinite leave to remain before my visa expires on 31 May but not sure if i can. I read that the earliest i can apply is 28 days before the day of 10 years unniversary.
What if i apply say on 30 May, will i be able to get indefinite leave to remain? or do i need to extend my visa again and only when i reach 10 years unniversary,which is on 11 July, i can apply for settlement?

Thank you

[paulp]

Whatever happens, don't overstay, don't apply "out of time". There's a high probability you will be refused.

Either apply for ILR before your visa expires, and hope the caseworker will exercise discretion, or extend your visa.

[Sushil-ACCA]

EXTN looks logical

Regards