Short of 1-2months for 60months ILR

[Mye]

Hi,

I’d like to ask about my situation.

I am under tier2 general visa. The vignette on my passport was dated 23/4/2016 and I entered the country on 12/5/2016. It was 3 years visa. Renewed it for another 2 years and is expiring this 25/03/2021. So looking at the dates I am actually short of 1month (if looking at the vignette) or 2 months (if looking at the date I first entered the UK). Will this be an issue if I apply ILR this March? Or do I have to apply/renew my visa?
I also have a dependent with me, he’s 6yrs old and I have the sole responsibility for him. He’s been here in the UK for about 3yrs now and he’s visa is expiring too. If I understood it correctly, I can apply ilr for him same time as mine even he’s not been here for 5years since he’s a minor? Please correct me if I’m wrong.

Thank you in advance!

[CULLINAN]

You are eligible to apply from 23/4/2021 minus 28 days i.e. 26/3/2021. You must apply before your visa expiry (apply on 24/3) though and book biometrics after 26/3.

Q2: Yes.

[Mye]

Thanks very much!

[CULLINAN]

Thanks very much!

You MUST apply before visa expiry. I wanted to reiterate again.

[Mye]

I will. I’m thinking maybe few days earlier than 24/3 (around 15-20/3) just in case there will be any problems during submission?

[CULLINAN]

I will. I’m thinking maybe few days earlier than 24/3 (around 15-20/3) just in case there will be any problems during submission?

Yes you can. These days biometrics appointments are running at a 28 day lag anyways.

As long your decision is made when you have completed the period (given you apply before visa expiry), you will be okay. And a decision can only be made after biometrics.

Technically the date of application is the date you apply online not the biometrics date. You only qualify on 26/3 but your visa expires on 25/3.

So to be safer yes, apply after 20/3 [to cater any last minute problems with online system as you said] and book biometrics after 26/3 (which will be the case anyways as biometrics appointments are running at a 28 day lag for now unless you find an earlier cancellation by luck).

https://assets.publishing.service.gov.u ... 2.0ext.pdf

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

[Mye]

Thanks very much, this clarifies it more. So they can consider from the decision date. Just have to make sure that biometrics be done after 26/3. The guidance/document is for all visa categories right? Not just tier 1? It’s just confusing how it’s written. But I saw tier 2 general visa under “Appendix Continuous Residence” so it is applicable for my visa, right?

Also, given I’ve submitted application, I still have the right to work and still can work with my current employer even after visa expiration since my paper is under process already, am I correct?

[CULLINAN]

This guidance applies to all 5 year route to ILR.

Yes, you will be covered by Section 3C as long you apply before visa expiry. Your work rights will remain the same.

Your employer will/can/should verify this by using:

https://www.gov.uk/employee-immigration ... ent-status

[Mye]

Thanks again! Hopefully things will work out smoothly! I’m more confident applying now since everything’s backed up and falls under their guidance.