Tier 1 Extension or ILR

[jayparmar]

Hi,

I recently got my tier 1 extension, but they gave me the visa starting from my appoitment date instead of my visa expirty date. So at the end of my current visa i will complete [b]4 year and 11 months [/b]in uk.

So my question is, can I apply for the ILR or i have to take one more tier 1 extension?

Thanks,
Jay

[cs95tdg]

You will need to give more information here for anyone to be able to give a meaningful response.

I.e. EC date, subsequent extension application date and current LTR expiry date.

[jayparmar]

Hi,

Here is the details:

Visa start date: 15 Nov 2009
Visa expiry date: 15 Nov 2012

Visa ext:
Visa start date: 15 Oct 2012 (1 month overlap)
Visa expiry date: 15 Oct 2014

so can i apply for the ILR or i have to apply for this extension?

Thanks,
Jay

[rrraja]

I think you need to consult some solicitor. Many people are facing similar issue now due to decision date.

[ram80]

Unfortunately, I think you will need to go for a 2nd extension.

However, since you can apply for ILR 28 days before 15-Nov-2014, you will probably be able to send in a postal application on the last day or so and expect that they will process it within the 28 day window, thereby saving you thousands of pounds on re-extension.

Be sure to ask for a proof of posting slip from the post office when you send any documents by post.

[shahmir]

However, since you can apply for ILR 28 days before 15-Nov-2014, you will probably be able to send in a postal application on the last day or so and expect that they will process it within the 28 day window, thereby saving you thousands of pounds on re-extension.

First of all let me add here that, payment by cheque in this type of situation is also helpful so that you could push your decision date towards end of leave date.

Now let me explain my situation which is almost same

Entry Clearance from: 02-05-2011
EC Valid till: 02-05-13

UK Entry: 03-06-2011

Extension applied at PEO: 05-04-2013 (27 days before expiry)
Extension granted till: 05-04-2016

I got extension just last week. After checking all documents and interview, the Entry Clearance officer said, Your application is fine, but I can issue you extension from today's date. I said i will be short nearly a month for ILR. I am applying within last 28 days so that I could get it from date of expiry and not from date of decision. He said this used to be the case, but not anymore. It is not anymore a caseworkers discretion and we have been instructed to issue any leave from date of decision. I said OK. But he noticed that I am a bit disappointed. Then he said, you can apply on 28th or 29th of April by post to avoid any problems. Then he said 'you have 28 extra days to apply'.

He meant that I should overstay for around 24/25 days and apply on 28-04-2016.

In the extension form, I clearly get the impression that overstaying for upto 28 days is now legal.

Read question D5 & D6 in the extension form. http://www.ukba.homeoffice.gov.uk/sitec ... l-form.pdf

So if things remain the same, I think we should not worry about this one month shortage. Also previously, it has always been recommended that one should apply after 4 years and 11 months. I think it will be fine.

However, I have read in the settlement section that we should apply before expiry of current leave. Also there is nothing like D5 & D6 in the settlement form SET(O). But to me, absolutely no further extension needed in a situation where we have one month short.

[shahmir]

and I found this as well

245AAA. General requirements for indefinite leave to remain

For the purposes of references in this Part to requirements for indefinite leave to remain, except for those in paragraphs 245BF, 245DF and 245EF:

(a) "continuous period of 5 years lawfully in the UK" means, subject to paragraphs 245CD, 245GF and 245HF, residence in the United Kingdom for an unbroken period with valid leave, and for these purposes a period shall not be considered to have been broken where:

(i) the applicant has been absent from the UK for a period of 180 days or less in any of the five consecutive 12 month periods preceding the date of the application for leave to remain;

(ii) the applicant has existing limited leave to enter or remain upon their departure and return except that where that leave expired no more than 28 days prior to a further application for entry clearance, that period and any period pending the determination of an application made within that 28 day period shall be disregarded; and

(iii) the applicant has any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period disregarded.

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

[jayparmar]

I am not sure overstaying for 28 days should be legal. can someone confirm this please?

[jayparmar]

anyone?

[ram80]

In my understanding (and I could be wrong), overstaying for 28 days is not legal, but it is routinely disregarded, which means that Home Office may not punish you for overstaying upto 28 days.

But since it is not legal, you cannot work during the period of overstay (since your visa is not valid) until your visa gets extended.

[UKBALoveStory]

In my understanding (and I could be wrong), overstaying for 28 days is not legal, but it is routinely disregarded, which means that Home Office may not punish you for overstaying upto 28 days.

But since it is not legal, you cannot work during the period of overstay (since your visa is not valid) until your visa gets extended.

I would not recommend overstaying even by single day because a) Yes, the 28 day rule explained is correct but this is the rule that is inplace nowadays but you never know when the rules gets changed and you find yourself in trouble b) Ask yourself a question, what benefits will you get by overstaying? IMHO you will only be saving money(which is not a bad thing btw) and nothing else. I would not recommend that. Your case is very simple you can easily go for ILR with current "visa". Search this forum and you will find ways.