Dear All, Many people have asked this question before (What happens if my total visa is less than 5 years by few days?) and there are more who have the confusion hence wanted to clarify based on the reply I have got from home office (workoperationalpolicy@homeoffice.gsi.gov.uk)
Situation: My first Tier 1 general visa was from 25th May 2011 to 25th May 2013. I applied for a postal extension and got extension from 23rd May 2013 to 23rd May 2016.
Problem: If you see my total visa time is 2 days short from 5 year which is the qualifying period for the ILR. I always had doubt if I need another Tier 1 extension for the 2 days shortfall
Confusion: We all know that one can apply for ILR 28 days before the end date. For example in my case I am eligible to apply 28 days before 25th May 2016. The confusion here is whether one can apply 28 days before when total visa period itself is not 5 years for example in my case it starts on the 25th May 2011 and instead of ending on the 25th May 2016 it ends on 23rd May 2016. As the stakes are so high we all keep thinking about it and want absolute clarity. I raised this in this forum and senior members and moderators replied but i still wanted clarification from home office for my peace of mind. I wrote a mail to them at workoperationalpolicy@homeoffice.gsi.gov.uk and they replied within 4 days, my doubt was still not clear hence I immediately replied and got an instant reply back from them. The mail chain continued that day but at the end of it things became very clear to me and I wanted to share that so that everyone else in similar situation gets to know as well.
Conclusion: One can apply for ILR 28th days before the end of 5 year in my case 28 days before the 25th May. As long as your visa short fall is not more than 28 days you are fine. In my case the visa started on the 25th May 2011 so even if my end date was say around 5th May 2016 I could still apply for ILR between 1st to 5th May 2016 ( This is just for illustration you can work out the exact 28th days). You need to apply for ILR before your visa expiry date which should not be more than 28 days from the date you will complete 5 year qualifying period.
Mail Extract from the Reply from home office: I am copying some of the extract from the mail to help people understand. The extracts are from 3 mail reply and each reply is in quote. I had asked if I can do this just by post or can do PEO also. They were brilliant in replying and I can not thank the lady who replied to my mails so quickly.
Part of reply to first mail:
"You are able to make an application up to 28 days before you would reach the qualifying period for settlement. Any application submitted prior to the expiry of your leave, will extend that leave under 3C of the 1971 Immigration Act until a decision is made on your application. As such, if you do not have a full 5 years leave, but the shortfall is 28 days or less, this should not affect your application for settlement."
Part of reply to second mail:
" The ability to apply 28 days early would apply to Post or PSCs (formally known as PEOs)."
Part of reply to third mail:
" You can apply up to 28 days before you would reach the qualifying period, and as long as you apply before the expiry of your leave, your current leave would be extended under 3C. "
This forum has helped me when I applied for Tier 1 for the first time then again during the extension and I am sure when I prepare for ILR I will seek help. Thought I must share this important bit of information.
Happy to answer any question based on my knowledge.
Cheers
Jacob
- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
