ILR Visa validity falling short by 8 Days for 5 Year period

[tkk2011]

Hi

I got my Work Permit - Tier2 on 10 Sep 2007.
I landed UK on 16 Sep 2007.
Then I got Tier1 on 02 Sep 2009.
My Tier1 is valid through 02 Sep 2012.

Now on 02 Sep 2012, I will fall short by 8 days for 5 years stay for my ILR application.

Should i go for one more Tier1 extension or can I apply for ILR directly?(Especially, since, I read a provision, where-in, I can apply for ILR 28 Days before current Leave to Remain Expiry)

Please note: I have gone through this forum saved discussions and I did not find some one whose visa validity falls short; in most cases, pleople enter late, but mine is a different case.

Expert inputs would be highly appreciated.

[kapoor@yahoo.com]

You can apply 28 days ealier, which means around 21st Aug 2012. Confirm the earliest date with UKBA, but I am sure it should well be in Aug 2012.

Hi

I got my Work Permit - Tier2 on 10 Sep 2007.
I landed UK on 16 Sep 2007.
Then I got Tier1 on 02 Sep 2009.
My Tier1 is valid through 02 Sep 2012.

Now on 02 Sep 2012, I will fall short by 8 days for 5 years stay for my ILR application.

Should i go for one more Tier1 extension or can I apply for ILR directly?(Especially, since, I read a provision, where-in, I can apply for ILR 28 Days before current Leave to Remain Expiry)

Please note: I have gone through this forum saved discussions and I did not find some one whose visa validity falls short; in most cases, pleople enter late, but mine is a different case.

Expert inputs would be highly appreciated.

[tkk2011]

Hi

My Workpermit was stamped on 10 Sept 2007 in India.

I landed in UK on 16 Sept 2007.

After approx 2 Years, I applied for Tier 1 Visa whose validity is from 03 Sept 2009 to 02 Sept 2012.

This means that I will be few days short of 5 Years stay in UK. However, the rules say that I can apply for visa 28 days before my current tier 1 expires.

Can I really apply directly for ILR knowing that with my curent leave to remain does not extend (upto 16 Sept 2012) to give me a 5 Year Stay in UK.

Please clarify my doubt as I am fast approaching my deadlines and I need to decide further steps, based on any guidance received.

Regards
Tushar

[ssvgopal]

Hi Tushar,

I suspect(in my personal opinion), that you might be required to go in for an extension. I've not come across any caseworker guidance on this yet.

I might be wrong also !!!! Don't depend on this opinion entirely, so I think you better contact the HomeOffice with this query. or speak to a solicitor to get a clear picture.

Cheers,
Sai

[vinny]

You may apply for ILR between 20 Aug 2012 and 1 Sep 2012.

[toabhishekverma]

Dear Friends,
I short of few days. I saw this discussion but I wish to know what finally people did for their application. If they opted for an extension or tried ILR?

I got my first Tier 1 General visa started from 15 Jan 2009. (visa valid for 3 years)
I first landed in UK on 1 Feb 2009.

I applied an extension On Dec 2011.
Got visa stamped on 6th Jan 2012 (oops) and visa valid till 6 Jan 2014.

Now Based on rules , I will be completing my 5 years qualifying time for ILR on 1 Feb 2014. but as mentioned in rules that I can apply 28 days before, that means I can apply max between 3rd jan to 6th Jan (by post or PEO)

So according to rules I may be fine, as I am applying 28 days before. But my ILR application can be rejected because my actually visa validity is not till 1 Feb 2014. So I am confused here.

I think I may have to apply for another extension, but with 2 dependents and with so much increase in fees, one extension is going to cost me at least 3500 GBP. So wish to know other people's view.

2 Questions here

1. Can I apply my ILR/VIsa application this late...means just 3-4 days earlier then expiry.

2. Can i get considered for ILR if I am not completing my 5 year qualifying period on or before my visa expiry date?


Regards,
Abhishek

[kranthi15]

ILR duration of 5 yrs calculated from the date visa stamped... as per new rule in july this year... ur duration between first stamp and entry will be included as long as not more than 90 days.....

so u r elligible by 18/19 Dec 2013 - check 28 days..exact check the link below..

Good luck

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[toabhishekverma]

Thanks alot Kumar.
Thats cleared out alot of confusion.

One more question. My visa expires on 6th jan 2014 as of now. I can apply by 18/19 Dec. But Do I need to have a permission to stay in uk for next 28 days.

I am just wondering if case worker says yes you applied 28 days before but your permission to stay expires before you complete 5 years.

Can that happen?

Logically my application might get process much later, may be end of jan 2014 or may be Feb. So chances are less but still I want to know others opinion or experience in similar lines.

[kranthi15]

As per my knowledge, you must have valid visa on the day you are applying.... thr is no rule u should still have these many more days!!!
coz AS per UKBA eligibility to apply before 28 days it self answers that question... u r already eligible

to be honest they are looking to find illegal candidates... as long as ur application is made with req docs u should be fine.

[toabhishekverma]

Here are two points from document you shared Kumar

"In some cases, applicants may have been granted five years continuous leave, but due to ..................."

So I got doubt that grant for 5 year is is also a criteria or not.
But on the other hand they are also mentioning this

"When assessing if an applicant has met the criteria for five years continuous period in the UK, ........................"

So Can it might depend on when application is accessed?

if my application accessed before 15th jan then there are chances of rejection?

[UpToDate]

Hi tkk2011,

Can you please update this board with your findings and how you had resolved our case?
There few chaps in the same boat and eager to hear a concrete proof going forward.

Thanks in advance for your post.