Tier 2 General Granted for less than 5 Years (ILR)

[anub2016]

I had applied for a 5 year Tier 2 General visa but have been granted for a duration which is 8 days shorter than full 5 years i.e. 4 years 11 months 20 days.

Also, I entered into UK, 4 days after my visa was stamped. Would I be eligible for applying for an ILR without extension, before this visa expires OR would I have to go for a one year extension before I can apply for ILR?

I am a bit confused if one has to be granted a full 5 year visa in order to apply for ILR.

[leavetoremain]

You can apply for ILR 28 days prior to the eligibility start date.

[anub2016]

Thank You for your response. So, does that mean one does not have to be granted a full five year visa in order to be able to apply for ILR?

Actually, I tried to understand the ILR rules set out by UKBA, but they have not mentioned anything related to my case. So, I was a bit confused. And also, there have been mixed responses on this question in the forum. Are there other similar cases where the ILR has been successfully granted?

[Sheffield_Marketeer]

What matters is you are able to apply for ILR as soon as you achieve 5 years's lawful stay in the UK. The 5 year stay with the 28 days' rule means your 5 years' anniversary minus 28 days = the day you are eligible to apply for ILR.

[Sugs]

Hello,

I Got tier 2 general migrant visa from 9th feb 2016 to 24th Jan 2021. Though I entered UK only on 2nd march 2016. So would I be eligible for ILR or because I would not be legally completing 5 years I will be disqualified.

What other alternatives do I have if I am not eliglible for ILR?

Thanks,
S

[silverchloride]

I think the best thing would be to apply for an extension...

[Sugs]

Thanks for response.

Will I be eligible for extension. I thought there is no extension after 5 years.

Just to clarify I received my first entry clearance on 29th dec 2015 which was valid for 30 days. I did not travel then. I reapplied for entry clearance and got another starting from 9th feb 2016. I entered UK only on 2nd march 2016 and my tier 2 visa expires on 24th Jan 2021.

Any clarity is highly appreciated.

[iworker]

your questions are based on the assumption that there will be ILR in 2021.
Sorry to break this to you, but there is no one in home office who has answer to this.

[tckraju]

You can get a Tier-2 General VISA for up to a maximum of 6 Years.

[IndianConsult]

your questions are based on the assumption that there will be ILR in 2021.
Sorry to break this to you, but there is no one in home office who has answer to this.

I agree but Home Office is usually fair and applies new rules only to new people e.g. number of points required to extend Tier 1 General or ILR depends on the when the first visa was applied. It would be unfair if rules are changed after one has invested some years.