Tier 1 to ILR

[RISHMAG]

Hi Everyone,

Need help..... I got my Tier 1 on 1st Jan 2008(2 years) and got the renewal on 1st Jan 2010 (3 years).

Initially i came UK on 2 Feb 2008, which is 1 month, 1 day after my visa validity.

Can i apply for PR before this visa expires on 31 December 2012, since i will be short by 1 month, 1 day in total of 5 years stay.

People have been suggesting to apply for 1 more extension for month etc. Please advice.

[Tier1_ILR_Applicant]

Technically you can apply 28 days before your 5 year period is completed i.e approximately 4 years 11 months. So if your 5 year period will be completed on 01/01/2013 than you can apply for ILR anytime after 05/12/2012.

[paulmu]

Three things you need to consider:

1. The discretion to include days between EC and entry date applies only to applicants who have been 'granted 5 years continuous leave'. My Visa was for 2 years follow by 3, which 'can be' construed as '5 years continuous' - that is, there were no breaks in between!
2. If you believe pt. (1) then your 31+1 days before entering the UK could be counted as days outside the UK - the same way if you were to go on trips during your visa validity after entering the UK.
3. If you believe pt. (2) then all is well as long as you satisfy all the other rules, viz. staying within the 180 days rule and no single absence was for more than 3 months.

Lastly, if you believe pt. (3), and UKBA agrees with you, then ILR is yours!