[quote="Damanisshallo"][quote="nhbloke"]
http://www.justanswer.com/uk-immigratio ... ugust.html
http://www.justanswer.co.uk/law/7seg8-h ... needs.html
Guys
In the two links above, on the same website the solicitor is giving to completely contradictory (totally opposite) advice.
One says, an applicant can apply for ILR 28 days before completing 10 yrs, but has to have valid leave to cover the full 10 Yr period. An applicant can not apply for ILR if their current leave expires before they complete full 10 Yrs even though their current leave expires within 28 days of completing full 10 Yrs.
Other one says, an applicant can apply 28 days before they complete full 10 Yrs even if they have leave which is expiring within 28 days before they complete full 10 Yrs.
For an example:
a person entered UK on 28 Feb 2003 (will be completing full 10 Yrs on 28 Feb 2013)
lived in the uk for 10 yrs on various visas that count towards 10 yr ILR
Current visa expires on 8 Feb 2013.
So as per one solicitor in the link above, this person can not apply for ILR between 1-8 Feb as this persons current visa expires on 8 Feb before he completes full 10 yrs even visa expiry date falls within 28 days before completing full 10 Yrs.
As per the other solicitor, this person can apply for ILR between 1-8 Feb as this is within 28 days before completing ILR and the person has existing leave on the day that they apply.
Can people please read the above two links and tell me which one is actually correct? Sharing any success story for this kind of shortfall would be great.
Many thanks[/quote]
I think you've asked this question before and I've replied with a reference from UKBA (not solicitor) I think this reference should be fine for you to argue.
[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]
Dear Daminashallo, thanks for your reply. Forgive me if I come across as ignorant which I am a bit now about ILR rules. The UKBA reference that you have given me seems that it's for 5 year employment route. Does it apply to 10 Yr ILR as well?
Is whatdotheyknow.com is a genuine website?
If whatdotheyknow is a genuine website and UKBA explanation also applies to 10 Yr ILR, do you think it would be a good idea to attach a print out of this with the cover letter?
Many thanks
! 
invite me as well bro . I have missed my only sister wedding , my 2 cousin wedding and also my 2 very good friends wedding in last 7 month .We all have seen a flood of ILR granted for the month of January and February 2013 .Almost all of them got there ILR within 5 month .(so ukba saved 1 month to deal with backlog ) I think most of the UKBA staff is in holiday from 2nd week of july so they are dealing with b
UKBA lost your life in uk test certificate !! But thats not your fault !! plus they should have a record of ur pass . WTF !! 
That's why they gave you 2 year leave to remain .Its is clear that home office treat immigrant like a donkey . 
