ILR(Ancestry) RE: 5 year continuous residence requirement

I will soon be Applying for ILR via UK Ancestry but am not sure if I meet the 5 year requirement.

My visa is valid from 15/04/2010, expires on 15/04/2015

I entered the UK on 22/04/2010.

I have not exceeded the 180 day allowance in any of my years in the UK.

If the continuous residence requirement counts from the date of entry to the date of ILR application (which will be before the expiry date of the visa if I apply by post) then I will be a week or so short of 5 years.

Does such a small discrepancy matter?

Is it correct that I can overstay for a month to meet the 5 year requirement, then make my application without being penalised?

Thanks for any help you can offer.

sef1 wrote: Is it correct that I can overstay for a month to meet the 5 year requirement, then make my application without being penalised?

Don't! If for any reason you are refused, there will not be any appeal rights.

Not sure about Ancestry visas, but most visas you can apply 28 days before expiry, even if you have yet to cross the 5 year mark. I suggest you read the guidance.

I have read all of the documentation, though, I can't say I understand it all.

What I took it to mean is that for Ancestry visas, the measurement of 5 years ran from the date of issuance of the visa to the date of the application for ILR.

So, in my case, having entered the country a week after the visa was issued, and having to apply before it expires (potentially 28 days), means I will fall short of the 5 year mark?

Is that correct?

Therefore I should apply to extend the visa and apply for ILR at a later date (I had hoped to avoid having to pay twice)?

sef1 wrote:
So, in my case, having entered the country a week after the visa was issued, and having to apply before it expires (potentially 28 days), means I will fall short of the 5 year mark?

Is that correct?

Therefore I should apply to extend the visa and apply for ILR at a later date (I had hoped to avoid having to pay twice)?

That's not what I said at all...

Hopefully others will illuminate as ancestry visas are definitely not my forte.

You can apply 28 days before 22nd April. If I was you, I would apply sometime between 5th April and 15th April.

Are you applying in person or via post??

I was planning on applying by post.

So, reading the info again, I realise I should apply 28 days before reaching the qualifying period, which will be 22/4/15 (Given that I entered on 22/4/10)

Will it matter, then, that part of my qualifying period of continuous residence will be after my visa has expired on 15/4/15, even though I make the application before that date?

sef1 wrote:I was planning on applying by post.

Will it matter, then, that part of my qualifying period of continuous residence will be after my visa has expired on 15/4/15, even though I make the application before that date?

As two people have already said: NO. It will not make any difference that such a small part of your 'qualifying period' is after your visa expires. It is very normal to apply 28 days before you qualify, even if your visa expires in the interim.

I get it, this is stressful. But you aren't thinking logically. How on earth can they expect everyone to arrive the exact day their visa becomes valid?

physicskate wrote:I get it, this is stressful. But you aren't thinking logically. How on earth can they expect everyone to arrive the exact day their visa becomes valid?

Agreed, but I have no way of knowing how officious they are.

So, thanks for your advice.

They are fully aware of the requirements and that some people's visa expire within the 28 day period. Even to them, I suppose it would be ridiculous to expect someone to apply for an extension to cover just a few days within the 28 day period.

They really are not so unreasonable most of the time