Tier1 delayed approval and ILR.

[Anaida78]

A friend of mine has this time line
tier 1 visa issued November 1, 2008
Entered UK: March 10, 2009( entered UK after 120 days)
leave expired on November 01, 20011
Applied for extension on October 27, 2011
New leave granted from February 02, 2012 to February 02, 2014( because of biometric and administrative delays.
He would be short of 40 days of completing his residency in UK( entered on March 10, 2011) . Would he go for another extension or would apply for ILR ?

[params0073]

Yes he has to go for another extension.

[agesteven]

nope, he should be OK to apply for the ILR by February 2014.

[params0073]

Applied for extension on October 27, 2011
New leave granted from February 02, 2012 to February 02, 2014( because of biometric and administrative delays.

i just ignored the above point.sorry for that so he should be fine for ILR no need to go for the extension.

[Anaida78]

Thanks params0073 and agesteven for the guidance. This is very helpful. Could you elaborate what is the minimum requirements( my friend is 40 days short) for deciding for him between going for another extension or ILR?

[params0073]

I think you already got the answer:-

http://www.immigrationboards.com/viewto ... ht=#591992

[Anaida78]

Thanks. I was only asking about whether 40 days difference is really ok for her going for ILR and not 2nd extension. I mean, is there a rule like if the time between expiry ofcurrent tier visa and qualifying period for ILR is less than 40 days or two months, then one can apply for ILR and not 2nd extension.

[QuickSam]

As already answered earlier, there is no rule regarding this at all.

The only relief that you get is of 3 months as already stated earlier and that is based on the case worker's discretion. This period can only include the gap between visa start date and UK arrival date. Nothing else !

If your friend doesn't meet the above criteria he/she has to extend again and then claim 5 yr continuous period based on the stay in UK itself.

Hope the point is clear this time.

[ashdaone1]

Applied for extension on October 27, 2011
New leave granted from February 02, 2012 to February 02, 2014( because of biometric and administrative delays.

i just ignored the above point.sorry for that so he should be fine for ILR no need to go for the extension.

My undersatnding says that he'll still have to apply for extension. As he entered on March 10th 2009 and the new visa expires on feb 2nd 2014, it doesnt make up 5 yrs.

The 3 months grace is only at the time of your entry - the difference between visa pprova; and entry.

Towards the end of your stay the maximum grace you can get is 28 days .... i.e you can apply 28 days before you complete 5 yrs of stay.

Even by taking the 28 days into consideration, you fall short by around 10 days. I think technically it isnt possible. I am not aware of CW showing any leniency beyond what they are empowered.

So, my understanding is that you'll have to extend for just 10 days. Annoying. I know.