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Does 2nd Tier1 extension effect ILR eligibility date?

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

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pkhsmp
Newbie
Posts: 31
Joined: Sat Feb 17, 2007 7:30 pm

Does 2nd Tier1 extension effect ILR eligibility date?

Post by pkhsmp » Thu Dec 29, 2011 9:22 am

Hi,
I would like some advice from the senior members about the date on which I can apply for ILR. My HSMP visa was granted on 26 March 2007. I entered UK on 21 April 2007. As my entry was within 3 months, I should be able to apply 28 days before 26 March.

But in October this year, I took another Tier1 extension so my leave is now valid till October 2013. This was because I needed to apply schengen and US visa for business travel. My wife and son still have their visa expiring on March 2012. So my question is, can I still apply 28 days before 26 March or my new extension changes calculation in some way.

Thanks.

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Thu Dec 29, 2011 9:30 am

You can still apply

drzeevoh73
Junior Member
Posts: 98
Joined: Thu Sep 09, 2010 1:16 am

Post by drzeevoh73 » Thu Dec 29, 2011 12:20 pm

NO. you cannot apply 28 days before 21 march as you extended your visa and now you have a valid visa to cover your five year period.

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Thu Dec 29, 2011 12:26 pm

drzeevoh73 wrote:NO. you cannot apply 28 days before 21 march as you extended your visa and now you have a valid visa to cover your five year period.
He can apply 28 days before the fifth anniversary of his arrival. Anyone is permitted to apply for ILR 28 days before the date that completes their qualifying residential period.

pkhsmp
Newbie
Posts: 31
Joined: Sat Feb 17, 2007 7:30 pm

Post by pkhsmp » Thu Dec 29, 2011 12:58 pm

So if I had not extended the visa then I could have applied 28 days before the day visa was issued(26 March). But now that I have extended, I should apply 28-days before my entry in the UK (21-april). The expiry of my wife's visa is not taken into consideration.

If I subtract 28 from 21-April, then I get 24 March which is Saturday. So if I am going for PEO appointment, then only day possible is 26 march. The day on which my wife's visa is expiring. The way things are with appointment booking, I may not get a appointment for that date. Will I be OK if I apply a few days earlier like 22 or 23 march. I would have spent 4 years and 11 months by that time also.

Thanks.

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