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ILR Application - Short of Complete 5 yrs Qualifying period

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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mohdtalha
Newly Registered
Posts: 2
Joined: Thu Sep 15, 2011 12:57 pm

ILR Application - Short of Complete 5 yrs Qualifying period

Post by mohdtalha » Thu Sep 15, 2011 1:04 pm

Hi,

I am on a Tier 1 General Visa which is valid up to 23rd June 2012. I will be compelting my 5 years in UK from the date of my first visa on 24th July 2012 which means I can be able to apply for the ILR 28 days before 24th July i.e. 26th June 2012.

But looking at my current Visa which is expiring on 23rd June 2012, there is a lag of 3 days from the date I can apply for ILR. This means I need to apply for an extension to my current Tier 1 visa and then apply for ILR.

Can someone please advice whether there is any chance I can avoid applying for the extension of Tier 1 and go directly for ILR?

Many thanks

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Thu Sep 15, 2011 1:25 pm

On what date did you first enter the UK as a Tier 1 (General) / economic migrant?
Life isn't fair, but you can be!

mk357
Member of Standing
Posts: 318
Joined: Sat Nov 27, 2010 6:54 pm

Re: ILR Application - Short of Complete 5 yrs Qualifying per

Post by mk357 » Thu Sep 15, 2011 1:39 pm

mohdtalha wrote:Hi,

I am on a Tier 1 General Visa which is valid up to 23rd June 2012. I will be compelting my 5 years in UK from the date of my first visa on 24th July 2012 which means I can be able to apply for the ILR 28 days before 24th July i.e. 26th June 2012.

But looking at my current Visa which is expiring on 23rd June 2012, there is a lag of 3 days from the date I can apply for ILR. This means I need to apply for an extension to my current Tier 1 visa and then apply for ILR.

Can someone please advice whether there is any chance I can avoid applying for the extension of Tier 1 and go directly for ILR?

Many thanks
I think you should be fine as long as you entered UK within 3 months from the date of visa issuance. In all such cases the CWs / SEO have the powers to grant ILR but remember this is a discretion and not a rule. Alternatively you can apply for a date correction (with no fee to pay). Search this forum and you'll find the relevant information.

mohdtalha
Newly Registered
Posts: 2
Joined: Thu Sep 15, 2011 12:57 pm

Re: ILR Application - Short of Complete 5 yrs Qualifying per

Post by mohdtalha » Mon Sep 19, 2011 1:42 pm

mk357 wrote:
mohdtalha wrote:Hi,

I am on a Tier 1 General Visa which is valid up to 23rd June 2012. I will be compelting my 5 years in UK from the date of my first visa on 24th July 2012 which means I can be able to apply for the ILR 28 days before 24th July i.e. 26th June 2012.

But looking at my current Visa which is expiring on 23rd June 2012, there is a lag of 3 days from the date I can apply for ILR. This means I need to apply for an extension to my current Tier 1 visa and then apply for ILR.

Can someone please advice whether there is any chance I can avoid applying for the extension of Tier 1 and go directly for ILR?

Many thanks
I think you should be fine as long as you entered UK within 3 months from the date of visa issuance. In all such cases the CWs / SEO have the powers to grant ILR but remember this is a discretion and not a rule. Alternatively you can apply for a date correction (with no fee to pay). Search this forum and you'll find the relevant information.
Hi mk357,

I think you did not fully understand the issue. Because, even if I calculate the period from the date on which my first visa was stamped i.e. 24th July 2007, I am short of qualifying period by 2 days. The key dates are below:

Date on which my first visa was stamped: 24th July 2007
Date on which I will complete 5 years: 23rd July 2012
Date by which I can apply for ILR: 25th June 2012 (i.e. 28 days before 5 yrs)
My current visa is valid up to 23rd June 2012.

Could anyone please let me know whether there is any chance UKBA can consider my ILR application on or before 23rd June 2012. Any previous case etc. will help.

Many thanks

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