Will I be able to applu ILR without extension?

[nks]

Hello,

I got my initial Tier 1 in September 2010 but came to UK on 1st April 2011. Applied for extension in Sep 2012 by post and got it valid from 20th February 2013 to 19th February 2016. I will be eligible for ILR on 1st April 2016 hence by basic calculations I need 2nd extension as I am short of 40 days.

My query is, can I not circumvent this to apply for my ILR straight without extension by applying by post on 19th Feb '2016 as by the time I am doing my biometrics, its already around 15th March, which is less then 28 days away from me becoming eligible?

Thank you for sharing your knowledge/thoughts.

[Amber]

Yes you could apply for an extension and then vary a valid application to SET(O).

Also, if you qualify at the time of decision that should suffice - AQ (Pakistan) v Secretary of State for the Home Department

[nks]

That was quick, thank you. I was all set to go for extension until recent speculations of HO considering closing extensions in 2014. I may not be able to apply for extension in 2014 if that indeed is deadline and hence this query.

So the query essentially is, can I send an ILR application earlier than 28 days of completing qualifying period as when the application is actually considered(Biometrics done), I will be under 28 days?

[Manka10]

ILR application earlier then 28 days will be refused, doesnt matter when you do biometrics, date of application is the date they will check if you were eligible for ILR then

[nks]

that is inline with my understanding of rules so let me present second option I have in mind. HO has documented now that upto 28 days of overstay will not be considered as 'breach of immigration rules'. Based on this, can I apply 15-20 days after my current leave expires so that when I apply its well under 28 days of my ILR qualifying date?

[Manka10]

CW can clearly see through your application if you deliberately delay without good reason

[Tier 4]

So the query essentially is, can I send an ILR application earlier than 28 days of completing qualifying period as when the application is actually considered(Biometrics done), I will be under 28 days?

Well technically you maybe right under 3C leave however any bad day having CW might don't' see it that way. Nevertheless I would like to see real example of some one with same case senario rather than just guidence, as I am in a same situation, 40 days short for ILR.

[UKBALoveStory]

date of application is the date they will check if you were eligible for ILR then

Also, if you qualify at the time of decision that should suffice - AQ (Pakistan) v Secretary of State for the Home Department

Contradictory information

[Go12]

I hope,ukba won't stop extensions by 2014:(it's really very sad......
Hope they tell their decision abt extensions soon.

[Tier 4]

I was all set to go for extension until recent speculations of HO considering closing extensions in 2014. I may not be able to apply for extension in 2014 if that indeed is deadline and hence this query.

I hope,ukba won't stop extensions by 2014:(it's really very sad......
Hope they tell their decision abt extensions soon.

What is the source of this information? I haven’t come across any such news at all.

[Go12]

If u could read through the below link :

http://icinspector.independent.gov.uk/w ... ations.pdf

That's why so much confusion