Should i apply for Tire 1 extesnion just in case

[johngt]

I have booked my appointment for 27/06/2012 for ILR.

My total number of days outside of UK is less than 180 but in that 98 days are in one stretch.

Should I consider applying for Tire 1 extension before going to my ILR appointment?

Assuming I go for ILR straight and the application gets refused, will I have an opportunity to apply for Tire 1 extension later on beyond my current visa expiry date?

Any help will be greatly appreciated.

[geriatrix]

When does your current leave expire?
Which PEO have you booked the appointment at?

[johngt]

current leave expires: 23 July
PEO Appointment: 28 June @ Croydon

[geriatrix]

An out-of-time application for leave to remain under PBS is possible but this will involve a period of "overstay" which will reset your ILR clock. If refused, out-of-time application will not have a right of appeal.

[johngt]

Thanks for your reply.

So does this mean it’s better for me to apply for Tire 1 extension first and then rebook and apply for Indefinite leave to remain?

[geriatrix]

If you believe that:
1. you cannot provide adequate evidence in support of your settlement application that helps prove that despite the 90+ days absence you did not break continuous residence in the UK, and
2. If given the right to appeal, you will still be unable to prove the same in an appeal

then you should apply for extension before applying for settlement.

[johngt]

Since the cost is very high for the Tire 1 extension, and I am reasonably confident to prove the 90+ days did not break my residency,

Is it better to go to Solihull, as I read in the forum that they only charge for successful applications, and if they on the day say they cannot process my application, then I can apply for Tire 1 extension before my visa expires?