Varying-Tier 2 Extension -ILR - Earliest application date?

[hossain31]

Dear friends,

I would like to get your expert knowledge in the following area:

I have applied for Tier 2 extension application on 30 November 2016 and they wrote back to me in January 2017 saying my application raises exceptionally complex issue and require more time. At the moment, I am waiting for a decision.

On 16 June 2017, I will complete my 10 years of stay in the UK. So I want to vary my application from Tier 2 extension to Indefinite Leave to Remain at the earliest date possible. Now my lawyer mentioned to me that I can apply 28 days prior to 16 June 2017, but I would like to make sure that if I am really eligible to apply 28 days early as i do not hold a valid visa at the moment. The same lawyer told my friend on a different occasion that if any application is pending, the applicant must wait the full 10 years.

Now my question is what is the earliest date that I can apply providing the above situation. I would like to go at a premium service centre and already booked an appointment date at Sheffield.

And as I am varying, so what will be counted as my date of application? Will it be the date when I request Home Office to vary my application? Or my appointment date? If the former date is considered then does it mean that I will have to request to Vary the application only after 19 May 2017 (28 days before the completion of 10 years)?

Or do I have to wait the full ten years before varying? changing of appointment date is not a problem.

I would be very grateful if anyone could shed some light on this topic as a mistake may cost me almost £3,000.

Many thanks in advance.

Regards

Hossain

[zimba]

You will be eligible for ILR 28 days before completing your 10 year stay.