Shortfall in 5 years for ILR

Hello Experts,

Please advice on my below issue which is worrying me now.

Came to UK in Tier 2 (ICT) on August, 2010 and then applied for Tier 1 on 27-Jan-2011.

First Tier 1 Visa : 04-Mar-2011 till 04-Mar-2013
Extension Tier 1 Visa : 12-Feb-2013 till 12-Feb-2016 (instead of 04-Mar-2016)

In this was I am running short of 20 days in completing 5 years with my Tier 1 Visa. But, again as the rule says we can apply 28 days prior to completion of 5 years, I planning to apply for ILR between 06-Feb-2016 and 12-Feb-2016.

Please let me know if my understanding is correct.

Thanks in advance,

Jiban

You should be fine to apply in that period. Well you don't really have a choice as you can't extend your Tier 1 G visa.

Extension Tier 1 Visa : 12-Feb-2013 till 12-Feb-2016 (instead of 04-Mar-2016)

Extensions are always granted from date of decision. If an applicant applies to early and then has a shortfall, it is not HO's fault.

Thanks for your reply. I will apply between 06-Feb, 2016 and 12-Feb, 2016.

One more question - As I had applied for my Tier 1 Visa from within the country, can they consider my Visa application date as start of 5 years? I heard some mixed views on this and not sure how much this is correct.

Hence, if someone could please post your view.

Regards

Jiban

Yes, the date you were granted Tier 1 G is the start of the 5 year period.

Make sure that all your HMRC tax affairs are 100% in order and up to date and income declared all matches if you used self employment and/or employment in your extensions.

Thanks for your prompt reply. Sorry to bother you again.

My Tier 1 application date - 27-Jan-2011 but I was granted Visa on 04-03-2011. So, my 5 years tenure will start from 04-Mar-2011?

Regards,
Jiban

CR001 wrote:the date you were granted Tier 1 G is the start of the 5 year period.

It is not the application date.

Thanks a lot for your time and suggestions. This has given me bit relief. Will keep everyone posted once I appear for my ILR.

Regards,
Jiban

Hello All,

Thanks for all your support. I got my ILR yesterday .

Thanks
Jiban

So happy for you and thank you for updating your thread.

[/quote]Extensions are always granted from date of application. If an applicant applies to early and then has a shortfall, it is not HO's fault.[/quote]

Thanks jiban for sharing the success story, Many congratulations.

CR001, just wanted to highlight one point - my understanding is that extensions are granted from the date the decision is made by a case worker to grant the leave to remain and NOT from the date of application. Is my understanding wrong?

Thanks,
Jacob

Have corrected my error as yes, it is date of decision, which can be date of application if applying in person and getting a same day decision.

Thanks for clarifying CR001.

Cheers,
Jacob