falling short of 1 month for ILR. Can I avoid a 3rd ext?

[hussainkothari]

Hi All,

Its my time to extend my T1G. This is my 2nd extension.
I have a question reg the dates to apply for extension and ILR.
I was on a WP in then switched to a T1G in 2008. I have been in and out and in the country a few times breaking (breaking my continuous residency) and finally I came back to UK on 6th July 2010.

Now my visa runs out on 09 June 2013. I will fall short of about a month for ILR (in 2015).

Questions -
1. When do I become eligible for ILR? 5th July or 6th July 2015?

2. Shall I apply as late as 05 June 2103 and hope that my new visa covers me until ILR?

3. Can I apply 28 days before the ILR even though my visa may not be covering me until 6th July 2015?

4. Can I use the PEO facility this time without having a 3rd extension?


Thanks,
H

[kiranchinnu]

Hi All,

Its my time to extend my T1G. This is my 2nd extension.
I have a question reg the dates to apply for extension and ILR.
I was on a WP in then switched to a T1G in 2008. I have been in and out and in the country a few times breaking (breaking my continuous residency) and finally I came back to UK on 6th July 2010.

Now my visa runs out on 09 June 2013. I will fall short of about a month for ILR (in 2015).

Questions -
1. When do I become eligible for ILR? 5th July or 6th July 2015?

2. Shall I apply as late as 05 June 2103 and hope that my new visa covers me until ILR?

3. Can I apply 28 days before the ILR even though my visa may not be covering me until 6th July 2015?

4. Can I use the PEO facility this time without having a 3rd extension?


Thanks,
H

Can you pls give the excat dates ?

[hussainkothari]

Entry Clearance as WP : 20/07/2006
Date entered first into the UK: 27/07/2006
27/07/2006 - 26/05/2007 - UK
14/10/2007 - 20/08/2008 - UK (In this time I switched my visa status to T1G valid until 09/06/2011)
06/July/2010 - until now - UK.
TIG extended until 09/06/2013

So my continuous residency begins 06/July/2010 while as my visa expires 09/06/2013

[kiranchinnu]

Entry Clearance as WP : 20/07/2006
Date entered first into the UK: 27/07/2006
27/07/2006 - 26/05/2007 - UK
14/10/2007 - 20/08/2008 - UK (In this time I switched my visa status to T1G valid until 09/06/2011)
06/July/2010 - until now - UK.
TIG extended until 09/06/2013

So my continuous residency begins 06/July/2010 while as my visa expires 09/06/2013

When was ur intial T 1 G stamped ?

Is it out country or incountry?

[hussainkothari]

When was ur intial T 1 G stamped ?
In UK (while I was on WP), on 09/06/2008

[cs95tdg]

Entry Clearance as WP : 20/07/2006
Date entered first into the UK: 27/07/2006
27/07/2006 - 26/05/2007 - UK
14/10/2007 - 20/08/2008 - UK (In this time I switched my visa status to T1G valid until 09/06/2011)
06/July/2010 - until now - UK.
TIG extended until 09/06/2013

So my continuous residency begins on 06/July/2010 while as my visa expires 09/06/2013

If your continuous residence for ILR began on 06/July/2010, then the earliest you would be eligible to apply for ILR would be 28 days before the 5th anniversary from that date. I.e. http://www.timeanddate.com/date/dateadd ... &ad=28&aw=

The requirement is that you apply before your current LTR expires and upto 28 days before your 5th anniversary. From what you say, you would meet these two requirements after your extension, however you would only have a window of 2 days to make an in-time application.

On a seperate note, may I ask whether you have read the latest immigration rules and guidance on continuous residence? If not I'd suggest that you do so, as there have been some significant changes in the continuous residence requirements. So what you previously thought to be a break in residence, may no longer be so (meaning you could potentially be eligible for ILR before you currently think, but I'm unable to confirm this or make specific comments on your case, as you have not given any information about your breaks in residence in this post).

[hussainkothari]

however you would only have a window of 2 days to make an in-time application

Thanks cs95tdg. So I take it that I can make an ILR application even if my visa is falling short of the 5 years residency. So I can avoid a 3rd ext. Great!

as you have not given any information about your breaks in residence in this post

I "think" I am not eligible for ILR now. But I would like to have your view on this too.

Entry Clearance as WP : 20/07/2006
Date entered first into the UK: 27/07/2006
27/07/2006 - 26/05/2007 - UK (on WP)
-- Break of 140 days --
14/10/2007 - 20/08/2008 - UK (on WP. In this time I switched my visa status to T1G valid until 09/06/2011)
-- Break of 22 months - working in India. Not paying tax or getting salary in the UK. However the employment has been same since 2006 --
06/July/2010 - until now - UK.
TIG extended until 09/06/2013


One other question - I had a 3 + 2 year visa. What will be the visa duration for this 2nd ext?

[kiranchinnu]

however you would only have a window of 2 days to make an in-time application

Thanks cs95tdg. So I take it that I can make an ILR application even if my visa is falling short of the 5 years residency. So I can avoid a 3rd ext. Great!

as you have not given any information about your breaks in residence in this post

I "think" I am not eligible for ILR now. But I would like to have your view on this too.

Entry Clearance as WP : 20/07/2006
Date entered first into the UK: 27/07/2006
27/07/2006 - 26/05/2007 - UK (on WP)
-- Break of 140 days --
14/10/2007 - 20/08/2008 - UK (on WP. In this time I switched my visa status to T1G valid until 09/06/2011)
-- Break of 22 months - working in India. Not paying tax or getting salary in the UK. However the employment has been same since 2006 --
06/July/2010 - until now - UK.
TIG extended until 09/06/2013


One other question - I had a 3 + 2 year visa. What will be the visa duration for this 2nd ext?

As per the above information your ILR residency starts 06/july/2010 So u will be eligible for ILR 28 days before 5th annivesary.

duration for 2nd ext will be 2 years.

[hussainkothari]

So u will be eligible for ILR 28 days before 5th annivesary

Thanks. Last question - Can I apply 28 days before the 5th anniversary even if my visa runs out before the 5th anniversary?

Thanks,
H