ILR Shortfall - Please enlighten

[Renu Vimal]

Hi All,

I have a query regarding ILR shortfall for my husband. I have gone through most of the threads here and still super-confused! So here it goes

he was granted Tier-1 on 01/08/10 valid 01/08/12.
His date of entry to UK was on 08/12/10
Applied for Tier-1 extension by post end of July'12 and was granted valid until 28/11/15

So these are the timelines that he would have stayed in UK by the end of the 5 year period - 08/12/10 to 28/11/15 which is 9 days short for the 5 year eligibility for ILR.

Please enlighten me if we need to apply for extension for this shortfall in April 2015 (which will be causing a huge dent in the already-dented wallet) or can appy for ILR straightaway?

Thanks in advance.

Renu

[manci]

Assuming that your husband is a T1 (General) migrant he can apply for ILR in the window between 10/11/2015 (28 days before 08/12/2015 which was the date of his entry to the UK) and 28/11/2015 (the expiry of his leave).

read the SET(O) guidance notes p3 "When to apply":
https://www.gov.uk/government/uploads/s ... _04-14.pdf

refer also to Immigration Rule 245CD:
https://www.gov.uk/government/uploads/s ... MASTER.pdf

[Renu Vimal]

Thanks Manci! Appreciate a lot ....and relieved!!

Regards
Renu

[alxale]

I am in an almost similar situation (7 days shortfall) covered under 28 days rule, but wondering if I should put in an extension anyway just in case (hard earned £££)
I am worried because the 28 days rule is somehow not clearly stated anywhere, except mentioned as a guide in the application form
After April 2015, if UKBA suddenly decides that the visa must cover the whole duration of 5 years, then we will be screwed as we can no longer apply for extension


Let me know what u guys think

[fmaqbool]

Hi,

Please read this pdf file.

https://www.gov.uk/government/uploads/s ... eriods.pdf

You can apply 28 days before completion of five year period. No confusion its quite clear.

I hope this helps.