ILR 5 years shortfall

Dear members, Need your help to clarify a point that is bothering me.
1. My first tier 1 visa was Tier 1 General, from 28th May 2011 to 28th May 2013
2. I applied for Tier 1 general visa extension but processing happened much faster than my expectation and visa was issued on the 23rd May 2013. The extension was from 23rd May 2013 to 23rd May 2016

I have 2 questions:
1. If I consider a period from 28th May 2011 to 23rd May 2016, I will be short on 5 years mark by 5 days. Would I need another extension before applying for ILR. When I read the guidelines it says you can apply 28 days before expiry of visa. Does that mean I can apply 28th days before even when I am short on 5 years by 5 days

2. I actually entered UK on a Tier 2 ICT visa in Dec 2010, the visa was issued to me around mid December 2010.Would my stay on Tier 2 ICT visa between 21st Dec 2010 and 27th May 2011 (on the 28th May I got Tier 1 general) count towards 5 years. Would I be able to apply for ILR on the 21st December 2015. Can my stay on ICT tier 2 visa be counted for 5 years limit

This forum has helped me immensely during my first visa application and extension application. Your help would be greatly appreciated.

Cheers,
Jacob

Your qualifying period started from 28th May 2013 to 23rd May 2016. Your can apply 28 days before 23rd May2016 which will be 25th of April 2016 2 days short. In my opinion you have to apply for extension to avoid any risk. Any other member please advise

Thanks

You will definitely need to apply for another extension.

The problem is that your original visa and its extension combined do not add up to 5 years. If the dates on the visa and the extension added up to five years, you could then apply 28 days before. Since this is not the case YOU HAVE TO GET AN EXTENSION.

Would be good if Amber or someone senior could also respond.

Hi Razi Khan and Asmiali. Many thanks for your inputs. I read all the post of ILR forum in past 2 weeks and see that there are difference of opinion on this topic.

Request Sr. members and moderators to please clarify this.

I will be grateful for the help.

Cheers,
Jacob

Jacob123 wrote:Dear members, Need your help to clarify a point that is bothering me.
1. My first tier 1 visa was Tier 1 General, from 28th May 2011 to 28th May 2013
2. I applied for Tier 1 general visa extension but processing happened much faster than my expectation and visa was issued on the 23rd May 2013. The extension was from 23rd May 2013 to 23rd May 2016

I have 2 questions:
1. If I consider a period from 28th May 2011 to 23rd May 2016, I will be short on 5 years mark by 5 days. Would I need another extension before applying for ILR. When I read the guidelines it says you can apply 28 days before expiry of visa. Does that mean I can apply 28th days before even when I am short on 5 years by 5 days

2. I actually entered UK on a Tier 2 ICT visa in Dec 2010, the visa was issued to me around mid December 2010.Would my stay on Tier 2 ICT visa between 21st Dec 2010 and 27th May 2011 (on the 28th May I got Tier 1 general) count towards 5 years. Would I be able to apply for ILR on the 21st December 2015. Can my stay on ICT tier 2 visa be counted for 5 years limit

This forum has helped me immensely during my first visa application and extension application. Your help would be greatly appreciated.

Cheers,
Jacob

Do read given below threads; as few made successful early applications for ILR.

Query - 24 days shorter for 10 years Long Residency – ILR

Urgent Help Required-ILR when delay in travel for 3 mon 1 da

Shortfall of 28 days before ILR Application[/quote][/quote]

I guess Amber is right person here to add his comments...Amber could you please see to reply or anyone who had applied thru this route???

When were you granted EC when did you enter the UK?

As you said that you actually entered UK on a Tier 2 ICT visa in Dec 2010, the visa was issued to you around mid December 2010 (for say 15 Dec 2010). Your stay on Tier 2 ICT visa between 15 Dec 2010 and 27th May 2011 (on the 28th May you got Tier 1 general) would be counted towards 5 years. As there no gap more than 90 days between your visa issue date and entrance date so you be would be able to apply for ILR on 13th Nov 2015 if 15 December 2010 is your visa issue date.

Dear Amber and Naeem, Many thanks for checking my post , I was waiting for a reply for a long time. Many thanks for taking time out to reply. I had got great support from this forum when I applied Tier 1 for the first time and the extension, and know that senior members will definitely help.

Here are few more points that will help you guide me. When I first came here, due to work I had frequent trips to my India office, so between December when I came first and April I have short trips.:

1.My first ICT Tier 2 visa was issued in India, Issued on 03rd December 2010, Valid until 22-12-11
2.I came to UK first time on the 12th of December 2010 and left UK on the 17th December 2010
3.Came back to UK again on 10th January 2011 and went back to India on the 14th January 2011
4.Cane to UK on the 26th January 2011 and went back to India on the 26th February 2011
5.Came to UK on 3rd April 2011 – Applied for Tier 1 General on the 4th of April 2011 from UK and got Tier 1 General Visa from 28th May 2011 to 28th May 20136.I went back to India again for work on the 22nd July 2011 and came back on the 19th August 2011
From 19th August 2011, I am completely based in UK and had just 2 small trips like 1 week to India.

I applied for my Tier 1 General extension in May 2013, and Got the visa extended from 23rd May 2013 to 23rd May 2016.

Hope this provides all the details. My two questions as asked last time are:
1.Does my clock for 5 years ILR starts from 03rd December 2010 when I was given Tier 2 ICT visa (or the 12th of December 2010 when I entered UK for the first time). I ask this because my tier 2 ICT visa was issued in Dec 2010 and by then the rules were changed and Tier 2 ICT was no longer counted in the 5 year period. If this is counted then when can I apply for ILR
2.If Tier 2 ICT is not counted then I am completely dependent on Tier 1 general to give me the 5 years period for ILR. As highlighted above my Tier 1 visa started from 28th May 2011 but as I got the extension done few days earlier so the end date is 23rd May 2016. Hence I will be short to complete the 5 year period by 5 days if my Tier 2 ICT is not counted. In that case do I need to extend my Tier 1 general one more time before they stop extension next year?
3.I know there is a rule to apply ILR 28 days from 5 year but my situation is that my Tier 1 general visa validity itself is not for 5 years (short by 5 days)

Please help me answer the 2 questions mentioned above.

Regards,
Jacob.

The ICT visa wasn't a route to settlement as was post April 2010, therefore the start date for ILR will be May.

Many thanks Amber. So my clock for ILR will start with Tier 1 visa. Pls guide the concern with the 5 days shortfall for ILR.

Cheers,
Jacob

Apply by post before leave expires for an extension and vary to SET(O) once eligible.

Hi Amber/Senior Members,

Even i have similar case:


Could you please help me whether i am eligible for ILR in April 2015 or not. Below is my visa dates

Initial granted visa : May 14th 2010 to May 13 th 2012

first Entry clearance in UK : June 18th 2010

Tier 1 Visa Extension Applied on : May 3rd 2012 , Got extension valid from May3rd 2012 to May 3rd 2015.

So can i apply ILR 28 days before from my expiry date i.e on April 7th 2015 or i have to apply Tier1 Extension?

Regards,
mkr

initial tier1 issue date: 01/02/2010 ( india)
entered UK : 25/02/2010 ( after 25 days)
visa extn in UK : 01/02/2013 to 01/02/2015 ( 2 years)
ILR : can i apply on or after :4th jan 2015 ( 28 days before)

or

should i apply :29/jan/2015 ( considering i came after 25 days to UK after first tier1 issue date

which one is correct...???

any seniors, moderator ,amber plz advice???

many thanks

Someone can please help

Can somebody who knows well respond please

Your help n advice is very much appreciated .

Thank you

Skjmr

Amber wrote:Apply by post before leave expires for an extension and vary to SET(O) once eligible.

Hi Amber,

Many thanks for taking time out to reply. I did not understand both parts of the answer. Part 1 is apply for an extension by post - Tier 1 extension will be stopped by mid of next year so I will not be able to apply for an extension in 2016, Is this understanding correct? Also, I could not understand the second part - and vary to SET (O) once eligible.

Pls explain.

Cheers,
Jacob

You are entitled to apply 28 days before your qualification time, therefore the 5 days can be easily ignored. You could apply for settlement.

I believe Amber thought you are short 5 days, before the 28 days when you can apply.

Sorry yes, Obie is correct I though you meant you were 5 days short of eligibility. There are so many different people posting on here.

Hi Amber
I know you have answered this post very well. I thought to take this opportunity to end this conversation.

Could you please jump to a last reply but not least just to confirm what you have advised here:

Case:
Initial Tier 1 Visa stamped : from 1 Jan 2010 until 31 dec 2012 ( 3 years)
Entered to UK: suppose 1 Feb ( 31 days after)..within 90 days rule
Tier1 extension issued: from 23th dec 2012 until 27th dec 2014 ( 8 days early or 8 days short to be exact 5 years for ILR) - 2 years

ILR : 3 years + 2 years ( shortfall 8 days due to early stamped by PO when extension is done)

I guess according to you , anyone who fits in this scenario, can apply by post for ILR without going another extension. These 8 days short can be overlooked and by keeping in mind April 2015 onwards no extension will entertained as per new rule.

is that correct, please confirm?

It would be helpful for all of them who have queried here.

Thanks.

Yes you can apply from 28 days before 1 Jan 2015.

Dear Obie and Amber, Thank you so much for clarifying.

So even though my total visa issued is less by 5 days to complete 5 years, I can still apply for ILR (if current rules remain) 28 days before the original end date.

I also think based on your answer that I will be able to apply in person and post both whatever I want. Is that correct.

This will put all the worries to rest.

Thanks again,
Jacob.

Yes.

Amber wrote:Yes.

Thank you Anmber.

I am planning to write to home office for clarification on this as well. This is very important as the Tier 1 extension iis going to end next year. Will post their reply for you.

Cheers,
Jacob.