ILR 5 years shortfall

[UGR]

Hi,

I am also having the same problem ie. shortfall of 29 days for 5 year Qualifying period to go for ILR (TIER 2 visa).
My first TIER 2 visa 07-04-2010 to 21-03-2013 ( 2 weeks short of 3 years)
extension TIER 2 visa 14-03-2013 to 07-03-2015 (1 week short of 2 years)

In the above two times I am holding the job with the same employer and and COS clearly states that it's open end contract (permanent).
So with the above visa dates the total time period adds up to only 4 years 11 months and 1 day only. In this case based on the 28 days rule when should I go for ILR? My visa expiries on 7th March 2015 which is a Saturday and so I cannot approach PEO on that day. So I go on Friday 6th march 2015 on this date I will be short of 30 days for 5 year qualifying period.

So Amber ! please help me with your valuable advice. Should I go for Extension or ILR? extension costs me too much as I have 3 dependents.

Is t wise to post my extension application along with dependents and then after 3 days I will be eligible under "28 days rule" for ILR then I will send my SET(O) application with covering note HO asking to Vary my application from extension to ILR.

My two depedents are kids who born in UK and so does they need a visa extension? (we are not going to travel out of UK at that time). If they don't need visa extension, will their applications be rejected when we apply for British Citizenship once we get ILR status on the grounds of "Not having valid leave to remain" condition?

Please advice those senior members and off course Amber and vinney.

[UpToDate]

Hi All,

Unfortunately, the answer from HO is not great:
well, I made a call to HO for the shortfall in 5 years continuity and the answer from them was that you have to go another extension by rules but it depends on you if you want to take a risk or not.

I said:
Initial Visa starts from 6th April 2010 ( 3 years valid until 6th April 2013)
Extension(postal) Made: valid until 27 March 2015 ( short of 9 days in 5 years for ILR)

Visa stamped by HO 9 days early than actual date as obvious not my own fault as applied by post on time but the answer from HO is not good one

I dont know much now much further which option would be better moving forward. There is crisis situation if go for ILR without extension as no extension after 6th April 2015 as it stands now.

Has anyone already got their ILR having same situation or gone thru another extension?

Thanks

[UpToDate]

Hello All,

Good news is that , anyone who is in the same boat as I mentioned above , can apply ILR without any doubt. Another extension is not required in this case as long as you fall in 28 days before your current leave expire.

I have received a call from Home Office and this gentleman confirmed me this morning. He requested me to note my name and time of call if still any doubts.

So I can go for ILR between 8th March and 27th March any day.

Really good news.

Hope all you were waiting to know this would be happy.

[Jacob123]

Hello All,

Good news is that , anyone who is in the same boat as I mentioned above , can apply ILR without any doubt. Another extension is not required in this case as long as you fall in 28 days before your current leave expire.

I have received a call from Home Office and this gentleman confirmed me this morning. He requested me to note my name and time of call if still any doubts.

So I can go for ILR between 8th March and 27th March any day.

Really good news.

Hope all you were waiting to know this would be happy.

This is great. Thanks for claryfying. For peace of mind it is better to have it in a mail. I also need to do it and I am trying to find out the mail id to communicate with home office. If anyone knows it kindly let me know.

Amber had anyway mentioned not to worry but as T1 ext is closing next year hence the situation has become tricky. Your clarification definitely helps.

Cheers,
Jacob

[UpToDate]

Jacob,

HO wouldn't do in email as they said to me , its not in their policy. Only you can note the down the day, date, time & name of the person you spoke on the day as advised.

Thanks.

[UGR]

Hi,

I am also having shortfall of 31 days for 5 year Qualifying period to go for ILR (TIER 2 visa).
My first TIER 2 visa 07-04-2010 to 21-03-2013 ( 2 weeks short of 3 years)
extension TIER 2 visa 14-03-2013 to 07-03-2015 (1 week short of 2 years), went for extension 1 week before expiry of first visa.

As a whole, I have 4 weeks short of 5 years.

In the above two times (First time TIER 2 visa and Extension) I am holding the job with the same employer and and COS clearly states that it's open ended contract (permanent). In spite of that the HO issued me 3 weeks short of 5 years and I extended my visa 1 week before expiry of first visa.All in all I am short of 4 weeks.

So with the above visa dates the total time period adds up to only 4 years 11 months and 1 day only as per http://www.timeanddate.com/date/duration.html.

In my case based on the dates which I gave how many days I am short off? ( I am asking this question coz I phoned homeoffice and gave the dates, she told me 31 days short of 5 years, I tried to calculate myself by entering the start date and end of of visa online website at http://www.timeanddate.com/date/duration.html. It says 4 years 11 months 1 day). Anyways, I may be short of 31 days if I start from backward dates.

Please help me with your valuable advice what I need to do? Should I go for Extension just for 2- 3 days shortage for 5 years qualifying period (includes 28 days before 5 years) or ILR? extension costs me too much as I have 3 dependents.

With the above shortage problem I am thinking 2 options to follow one of the option.

Option 1: Apply for ILR on the last day of visa (7th of March 2015) by post making sure to post after the last collection of post on 7th March (being Saturday around 12PM) so that the posted application will only be collected on Monday and May reach destination HO on Tuesday the 10th March 2015 by that time I will be completing 5 years of qualifying period (includes 28 days before 5 years QP) and so HO may not say I m short of days for 5 years QP to get ILR under SET (O).

Option 2: Posting my extension application under TIER 2 (2nd extension to cover shortage of days) along with dependents on the last day of visa validity (making sure to post it after the last collection on 7th March 2015. Being Saturday on 7th of March 2015 he application be picked up on Monday only (as it was posted after last collection time on Sat) and may arrived destination HO on the 10th of March 2015 Tuesday) at the earliest. In this mean time on Monday 9th of March I will post my SET (O) application with a cover letter to HO to convert my extension application to SET (O) as I am eligible for ILR under "28 days rule".

Please advice me the best option to go forward. If any other option is available other than those mentioned aboveI I am more than happy to follow, but I don't want to waste my money just for extension just to cover 2-3 days shortage for 5 year QP.

The other issue I have is of the 3 dependents I have two are kids who born in UK. I am thinking not to apply for extension or ILR for them (based one of the parent gets ILR status the kids who born in UK will automatically get British citizenship immediately).
Do they need a visa extension( if I send an extension application to cover the shortage days)? or ILR ?. If they don't need visa extension or ILR, will their applications be rejected when we apply for British Citizenship after our ILR status on the grounds of "Not having valid leave to remain" condition?

Hope some one may rightly advice me to the next course of action.

thanks
UGR