ILR requirements

[ilrstatus]

Hi,

My wife is applying for ILR and I am a little bit confused abut the time line. Please if someone can help I will be really grateful.

1. She got her Tier 1 on the 8th of October 2007 (in country application). She was on student visa before.
2. She got the extension on the 6th of October 2010 till the 5th of October 2012

She can apply for ILR 28 days before her visa expires but it seems like she will be 2 days short of 5 years. Will that be a problem ?

Thanks
Gaurav.

[cs95tdg]

Yes, she does appear to be a few days short because she switched immigration categories in-country & therefore the 3 month concession that applies to others with EC does not apply to her. The earliest she can apply would be 28 days before the 5th anniversary of her original Tier 1 visa issue date, but she must meet the 5 year residency requirement from that visa issue date.

It is strange that the extension wasn't granted with an effective date that would cover the 5 year residency period. This should have been done if she submitted her extension application no earlier than 28 days of original visa expiry. Do you know if this was the case? If so you may be able to enquire if the UKBA can correct this error before she applies for ILR.

The other option she has is to submit her ILR application by post closer towards her current leave to remain expiry date (i.e. instead of in-person). Because by the time the UKBA receive her application and then consider it she would have met the 5 year residency requirement.

[wpilr_nov12]

The Gregorian Calendar for 2012 might just make you lucky. 5th Oct is Friday, and 8th is Monday. Which means if your application is postmarked 5th, UKBA will open it on or after 8th, which is what you would want on a postal application.

I would also be tempted to suggest you try PEO application at Solihull presenting the caseworker with this coincidental catch22 opportunity.