ILR Application - Continuous Period Query

[farooqueahsan]

Hi everyone

I find Immigration Board the best forum for helping immigrants seeking help and advice. Today, I thought that I should get some help as well. I am a Tier 2 (General) Immigrant and will apply for ILR in February 2014.
Please see my details below.

Initial Entry Clearance (Tier 2 General) outside the UK
- Issue date: 15.04.2009
- Entered UK: 02.06.2009 (47 days after issue date)
- Expiry date: 28.02.2012

I think the visa expiry date should have been 14.04.2012. This already makes me 45 days short of 5 years period don’t know why.

Extension (Tier 2 General) inside the UK
- Issue date: 02.05.2012
- Expiry date: 28.02.2014

As my visa is expiring on 28.02.2014, I am planning to take PEO Appointment in the first week of February, 2014 for making ILR application.

As I came within 90 days so my start date will be 15.04.2009. The five year continuous period should complete on 14.04.2014 and if I subtract 28 days from this date then I should apply on or after 18.03.2014 but my visa expiring on 28.02.3014.

Now can anyone advise if I am okay re 5 year continuous period? You can see about that it is because of UKBA that I am 45 days short.

Many thanks.

[ryans]

You can apply for ILR 28 days before expiry of your Tier -1 Visa

[farooqueahsan]

Ryan

Thanks for your reply. I am sure you meant Tier 2 visa.

Can you please advise me any reference document for my own peace of mind?

Cheers

[ryans]

Please check this thread

For settlement the 28 day rule is same for Tier -1 and Tier -2

[farooqueahsan]

Below, I have tried to make the long story short; Tier 2 General on 3+2 years basis.

- Tier 2 General issue date: 15.04.2009 - initial application outside UK (entered UK on 02.06.2009, which is within 90 days)
- Tier 2 General Expiry date: 28.02.2012 - 45 days less than full 3 years - not in my control as done by UKBA
- Extension sought in February 2012; new expiry date after extension: 28.02.2014
- With the same employer till now.

I am 45 days short of full 5 year continuous period as mentioned above and if I minus 28 days then I will be short of 17 days.

For ILR: I am planning to take PEO appointment in February 2014 before the visa expiry date of 28.02.2014.

Please advise if I am ok for making ILR application. Thanks.

[farooqueahsan]

Hi there

Initial visa; 15.4.2009 to 28.2.2012; 45 days short from full 3 year - UKBA issued visa like this.
current visa expiry: 28.2.2014

So 45 days short from full 5 years.One becomes eligible for making an ILR application 28 days before full 5 years so considering this I am sort of 45-28 = 17 days short from my eligibility.

If I send my ILR application by post I guess that this period will be covered by the time my turn will come as UKBA is taking 2- 3 months to make a decision in a case.

Is my understanding correct?

Please advise.

[farooqueahsan]

Gurus, moderators... please advise

Thanks in advance.