shortfall to apply for ILR

[confusedman]

Hi

I got work permit visa on 10-06-2007, came to uk on 22-06-2012. I applied for tier 1 (general). Got the visa from 12-05-2009 to 12-05-2012.

I have got few difficulties.

1. if they consider 22-06-2012 (date of entry) i have got short fall of more than a month from 5 years of continuous leave. But 13 days to enter into qualifying period of 28 days.

2. If they consider 10-06-2012 starting date (by considering issue date and travel date). I would enter into the qualifying period on (28 days) 13-05-2012. But my visa expires on 12-05-2012 (which on 29th Day). SO only for a day i am not qualifying in strict terms.

Would it be wise to take the risk and apply for ILR? or it woudl be wise to apply for tier-1 extension, although it is just a day.

thanks in advance.

[Manka10]

Hi

I got work permit visa on 10-06-2007, came to uk on 22-06-2012. I applied for tier 1 (general). Got the visa from 12-05-2009 to 12-05-2012.

I have got few difficulties.

1. if they consider 22-06-2012 (date of entry) i have got short fall of more than a month from 5 years of continuous leave. But 13 days to enter into qualifying period of 28 days.

2. If they consider 10-06-2012 starting date (by considering issue date and travel date). I would enter into the qualifying period on (28 days) 13-05-2012. But my visa expires on 12-05-2012 (which on 29th Day). SO only for a day i am not qualifying in strict terms.

Would it be wise to take the risk and apply for ILR? or it woudl be wise to apply for tier-1 extension, although it is just a day.

thanks in advance.

confused indeed

[WRS]

Under the current rules if you have travelled upto 3 months late from the date of your entry clearance was valid from, that period will be cOnsidered in your ILR stay; hence your period will be considered from 10-jun-2007, and since you can apply upto 28 days before your eligibility, your last day of eligibility is exactly 12-05-2012.

You will have spent:

From and including: Sunday, June 10, 2007
To and including: Saturday, May 12, 2012

It is 1799 days from the start date to the end date, end date included

Or 4 years, 11 months, 3 days including the end date.

Source of calculation www.timeanddate.com

So your right on the Edge

Just apply on 12-05-2012 and you should be ok! (only just

[confusedman]

Under the current rules if you have travelled upto 3 months late from the date of your entry clearance was valid from, that period will be cOnsidered in your ILR stay; hence your period will be considered from 10-jun-2007, and since you can apply upto 28 days before your eligibility, your last day of eligibility is exactly 12-05-2012.

You will have spent:

From and including: Sunday, June 10, 2007
To and including: Saturday, May 12, 2012

It is 1799 days from the start date to the end date, end date included

Or 4 years, 11 months, 3 days including the end date.

Source of calculation www.timeanddate.com

So your right on the Edge

Just apply on 12-05-2012 and you shoul be ok! (only just

Thanks a lot for ur reply. My understanding was that as well. But when I ranged ukba they told me I will be qualified on 13/05/2012. They are calculating from 10-06-2012. In that case 10-06-2012 minus 28 days is on 13-05-2012. However she told me I can take the risk if I send it on the last day which is on 12-05-2012. But it will depends on the case worker. Wht do u think is the risk too risky?

[WRS]

But it will depends on the case worker. Wht do u think is the risk too risky?

Discuss with solicitors, since you are just 1 day short, you may have a good chance getting it through successfully.