Will I qualify ILR Application (based on the 28 day rule).

[rhule815]

I switched to tier 1 (General) visa in UK in 2008 (Expires in 4 Jun 2011). Planning to apply for extension (PEO) on the 9th of May 2011.
If I get the extension on the day, I presume the next expiry date will be 9th May 2013. (i.e. My visa will then expire 26 days before I hit the 5 years required for ILR).

The rule says that, one must stay in the country (continously) for 5 years to qualify for ILR. But the application can be made 28 days early.

1). My worry is; as the total of my Tier 1 visa will be short of 26 days will I qualify for ILR?

2). Is this 28 days only for those whose visa are still valid for the whole 5 years but wants to apply early or it includes those whose visa expires 28 days or less before the 5 year. (like in my case)

Applying early as I will be travelling in May. Urgent answer needed so I can cancel the PEO application and the travel (and Risk redundancy)

Thanks in advance
Andy

[dark_horse]

I switched to tier 1 (General) visa in UK in 2008 (Expires in 4 Jun 2011). Planning to apply for extension (PEO) on the 9th of May 2011.
If I get the extension on the day, I presume the next expiry date will be 9th May 2013. (i.e. My visa will then expire 26 days before I hit the 5 years required for ILR).

The rule says that, one must stay in the country (continously) for 5 years to qualify for ILR. But the application can be made 28 days early.

1). My worry is; as the total of my Tier 1 visa will be short of 26 days will I qualify for ILR?

2). Is this 28 days only for those whose visa are still valid for the whole 5 years but wants to apply early or it includes those whose visa expires 28 days or less before the 5 year. (like in my case)

Applying early as I will be travelling in May. Urgent answer needed so I can cancel the PEO application and the travel (and Risk redundancy)

Thanks in advance
Andy

I was in the same situation.

I called up the Home office and was advised to go for an extension before getting my ILR as my visa did not cover the full 5 years.

[vinny]

Normally, you may apply for ILR no sooner than 28 days prior to the completion of your qualifying period, and before your leave expires.

It does not matter if you do not have valid leave for the entire qualifying period after a valid in-time application. If your leave expires before a decision after a valid in-time application, then it will be "treated as continuing" under section 3C. Moreover, if you are refused and have no leave remaining, then you will have the right of appeal under section 82(2)(d).