ILR or 2nd Tier 1 Extension? 2 months short of 5 years.

[blackstar]

Hi guys

I'd greatly appreciate your thoughts on my 'situation'.

I arrived in the UK on a student visa in September 2007. Then had Post study work permit from August 2008 until 28 April 2010 when I switched to Tier 1 General migrant. I applied for the Tier 1 General permit before 5 April 2010, and was granted permit valid from 28 April 2010 to 28 April 2013. Rather foolishly (with hindsight) I applied for the extension to my Tier 1 permit rather early in February 2013. The extension was granted with effect from 3 March 2013 (ie before the then current permit expired) to 1 March 2015.

As you can see, by 1 March 2015, I wouldn't have had 5 years continuous period in UK under Tier 1 General, a key criteria to apply for ILR. This is because assuming I apply on 28 February 2015, I would be approximately 2 months short of 5 years.

My question is - should I apply for ILR in February 2015 in the hope that the 2 month shortfall doesn't cause an issue or should I just apply for a second extension to my Tier 1 permit?

If you've come across a similar situation do let me know what option you/the person took and what was the outcome?

Thanks in advance for your reply.

[vinny]

Probably safest to extend in-time.

If they haven't decided by the time you are eligible for ILR, then you may vary your application to SET(O).

[blackstar]

Thanks Vinny for your prompt reply.

I agree safest to apply for extension.

[blackstar]

Probably safest to extend in-time.

If they haven't decided by the time you are eligible for ILR, then you may vary your application to SET(O).

Hi Vinny

A follow up query - my understanding is that as the earliest I can apply for ILR is 31 March (as my 5 year Tier 1 anniversary falls on 28 April), I can only vary my application to ILR if my Tier 1 extension application has not been decided by 31 March. Please confirm this is correct.

Secondly, if I receive letter from UKBA to have my biometrics taken as part of my extension application does that mean my application has been decided?

Thanks in advance for your reply

[sagareva]

Hi guys

I'd greatly appreciate your thoughts on my 'situation'.

I arrived in the UK on a student visa in September 2007. Then had Post study work permit from August 2008 until 28 April 2010 when I switched to Tier 1 General migrant. I applied for the Tier 1 General permit before 5 April 2010, and was granted permit valid from 28 April 2010 to 28 April 2013. Rather foolishly (with hindsight) I applied for the extension to my Tier 1 permit rather early in February 2013. The extension was granted with effect from 3 March 2013 (ie before the then current permit expired) to 1 March 2015.

As you can see, by 1 March 2015, I wouldn't have had 5 years continuous period in UK under Tier 1 General, a key criteria to apply for ILR. This is because assuming I apply on 28 February 2015, I would be approximately 2 months short of 5 years.

My question is - should I apply for ILR in February 2015 in the hope that the 2 month shortfall doesn't cause an issue or should I just apply for a second extension to my Tier 1 permit?

If you've come across a similar situation do let me know what option you/the person took and what was the outcome?

Thanks in advance for your reply.

agree with vinny
in fact i would rule out direct ILR application
if you have money for fees, extend first and then settle on the same set of income etc documents
if money is a problem, apply for extension and stall for time, and then apply for variation of application to SET(O)