Can i postpone my biometrics? For ILR purpose

[globetrotter_ks]

Hi i was issued tier1 visas ( its 3+2 yrs ) in India on 17 Feb 2009 but i entered the UK on 6 Aug 2009 i.e late entry by 5 months and 20 days. Have applied for 1st extension on 16th feb 2012 and recvd biometrics letter dated 19 march saying that within 15 days i have to book appontment. Now for ILR it says that they will consider only if the applicants have entered the country within 3 months or else they will have to go for another extension which will cost me extra money later and stress. I checked the appointment dates on ukba website and appointments are available in brighton, birmingham ( out of london centres) for april 2012 end and may start.

Is it possible to book the appointment so late? will the UKBA question me that why i have booked it for a late date and out of london centre or why i did not go to the nearest post office in London?

I want to delay it so that incase if the outcome of my current application is late by 5 months and 20 days( as i entered the UK late) i will be benifitted and i wont have to go for another extension and can directly apply for ILR later. plss advice guys.

[rakeysh.patel]

Sounds like a plan but not sure if you would be able to delay it for such lengthy period

[Manka10]

i dont think this is possible. no matter how much you delay biometrics, you cannot reduce the 6 month gap in the past. the period between grant of leave & date of entry can be a max of 3 months. anything more than that requires another extension

you cannot possibly live in UK for longer than 5 years on a 5 year fixed term visa, discounting a month at the max when your application is with UKBA for consideration

Section 3C of immigration act just prolongs your existing leave while UKBA considers your application, not too sure if you can manipulate that provision to overcome a shortfall in the qualifying 5 year ILR period

[globetrotter_ks]

@ manka thanx. What if my new 2 yr visa is granted from July 2012 ? By the time my new visas will be expired in 2014 and then don't I qualify for ILR as even the current gap Is taken in to consideration while calculating ILR and I wud have completed 5 yrs in th UK.

[Manka10]

July is still more than 3 months away, i dont think UKBA will take that long to decide your application, if you deliberately delay biometric then UKBA can probably sense that,

delaying biometric is not really an option that you have, especially if you can go to PO for biometric, moreover, you just cannot delay biometric for 3 months by giving any excuse at all, your application may be rejected for non-compliance so better finish off as soon as you can & think about another extension later

[sts96508]

There is no way you can delay enrolling biometrics beyond mid april as 104 post offices all over UK will start accepting biometrics from april-10 and the option to enrol in PEOs will stop in april. If you book an april-end or may start PEO date now(if at all possible) it may look suspicious to the case worker

[QuickSam]

@ manka thanx. What if my new 2 yr visa is granted from July 2012 ? By the time my new visas will be expired in 2014 and then don't I qualify for ILR as even the current gap Is taken in to consideration while calculating ILR and I wud have completed 5 yrs in th UK.

You need to extend again. End of story. (unless UKBA delays the decision for your extension for 6 months)

Just to shed light on this matter, read the last post on this thread:

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