4 days missing on 5 year period for ILR

[seyn]

Hi,

My wife got her Tier1(g) dependent visa on 04/02/2014 and it is valid until 30/01/2016
on 16/01/2016 She will apply for extension and according to the statement below she will get three years extension which means her visa will end by 30/01/2019

The problem is in order to apply for ILR she will be expected to leave 5 years which means she should have a valid visa until 04/02/2019

My question is
Would missing 4 day be problem for her to apply ILR?
If So
Will she need to extend her visa just for 4 day and than re apply for ILR
Or
Since she can apply ILR 28 days prior to visa expiry would 30/01/2019 be acceptable to apply ILR

Most importantly should we mention this issue on her Tier 1 General extension appointment on 16/01/2016

Thanks a lot

We will grant leave in line with the expiry date of the PBS migrant’s (or main applicant’s) leave,
except where the PBS migrant has been granted indefinite leave to remain. In these cases, we
will grant you a period of three years leave. An application for further leave may then be made if
required to take you up to the applicable qualifying period for indefinite leave to remain.

[CR001]

On what date after the visa was issued did your wife ENTER the UK??

Since she can apply ILR 28 days prior to visa expiry would 30/01/2019 be acceptable to apply ILR

This should be fine.

Most importantly should we mention this issue on her Tier 1 General extension appointment on 16/01/2016

It is the applicants responsibility to ensure they don't submit applications too early and that they meet the requirements for ILR. What do you think HO will say/do if you 'mention' this at the appointment? They will issue a visa valid from the date of application. If you have concerns, you should have booked an appointment closer to the 30th January.

[seyn]

Thanks for very quick response,

As far as I know even if she has appointment on 16/01/2016 her extention will be added on top of the expiry date (that is what happened on me)

My wife

02/11/2011 Got her ECAA Visa
07/01/2012 Entered UK 1
04/02/2014 Became Tier 1 dependent (expires 30/01/2016)
16/01/2016 Has PEO Appointment

My question is

If everything goes well and she gets 3 year extension on top of 30/01/2016

Will she be able to apply ILR without any furher extension?

[CR001]

Will she be able to apply ILR without any furher extension?

Yes