[quote="Damanisshallo"][quote="nhbloke"]My visa history:
Entry Clearance issued 09 Sep 2003 (Entered the UK on 20 Sep 2003)
7 Years student visas (2003-2010) + 3 Years Tier 2 (2010-2013)
All on time applications and No refusals in the last ten year
Current Tier 2 leave expiring on 31 Aug 2013
As I entered the UK on 20 Sep 2003, I would qualify to apply for ILR 10 Yr Long residence on 24 Aug 2013 (28 days before completing 10 years on 20 Sep 2013).
Some people have said to me that I can not apply for ILR (SET (LR) on 24 Aug 2013, reason being, though 24 Aug 2013 is 28 days before completing 10 years on 20 Sep 2013, I do not have leave till 20 Sep 2013 as my current leave is expiring on 31 Aug 2013. They say I need to apply for an extension at least until 20 Sep 2013 and then apply for ILR.
What I understand is that a person is eligible to apply for ILR 28 days before they complete qualifying residence period and that they should have valid leave on the day which they apply; in my case being 24 Aug 2013 and valid leave till 31 Aug 2013.
Can you please clarify which is correct? I am really confused.
Many thanks[/quote]
You should be fine without extension. Please refer to the below links
[quote="[url=
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary]Long Residence @ Page 19[/url]"][b]Applications received 28 days or less before the required qualifying period is completed[/b]
You can grant if an application if it is received 28 days or less before the applicant completes the required qualifying period, provided they meet all the other rules for long residence.[/quote]
[quote="[url=
https://www.whatdotheyknow.com/request/ ... g_period_2]Settlement operational policy @ Whatdotheyknow.com[/url]"]We are unable to offer advice on individual cases, but can confirm that where an applicant has had a shortfall in their leave up to the end of the continuous period for ILR, it is not always necessary for applicants in such circumstances to make an application for a further extension of leave, as applicants can submit an application for settlement in the 28 days before the end of the qualifying period. They must not apply earlier than 28 days before the end of the qualifying period, and provided that they still have extant leave on the date of application, the shortfall will not be a consideration. Please see below example which may help to explain:
Mr A granted initial leave from 23/03/2009 to 23/03/2011
granted FLR at a PEO from 03/03/2011 to 03/03/2014 = 20 day shortfall up to end of 5 year continuous period
Mr A would be able to apply for ILR would between 24/02/14 and 03/03/14, as this is within 28 days of the end of the continuous period, and he would still have 8 days extant leave.[/quote][/quote]
[b]
Thanks very much for taking time to reply to my queries.[/b]