4 Months Short for ILR

I applied for a Tier 2 General Visa from India in a shortage occupation and paid the IHS for 5 years. My BRP is set to expire in April 2025, but I plan to apply for ILR. However, my UK stay will fall 4 months short of the required 5 years if my BRP expires as scheduled. My employer is willing to extend my Certificate of Sponsorship (CoS) if needed.

I'm a bit confused about how to proceed from here. What steps should I take? Should I consider hiring an immigration lawyer to guide me through this process? Will I need to pay the IHS again, and if so, for how many years?

Please advice.

What was the start date of your visa sticker in your passport when the initial visa was approved?

Thank for the reply

it says 8 Sept 2020 till April 2025

Thanks for the reply:

Is it common practice to issue a visa for less than 5 years when you’ve applied and paid the full 5-year IHS? Don’t you think this is unfair? Could this be an administrative issue that I should address with them?

What were the dates on your initial CoS and how long after rhe CoS was assigned did you apply for your visa?

Visa start date is always from approval date and not back dated. So if you applied late or near the end date of your CoS which is valid for 3 months to enable application, you wouldn't get a 5 year visa but a visa that ends when the end date of your 5 year CoS.

The fees you pay are based on the CoS.

CoS assigned: May 2020
Approval letter validity: 8 September 2020 to April 2025
Arrived in the UK: October 2020

I asked what the date validity, to and from was, on your initial CoS and when you applied based on the 3 month validity of a cos to allow applications to be made. So if your CoS was assigned in may 2020, when did you apply online exactly?

If the CoS end date was April 2025, then there is no error. You cannot get a visa valid till September 2025 if your CoS was for 5 years for April 2020 to April 2025.

I now understand. I have one more question: is the qualifying continuous period calculated from the date of first arrival in the UK or from the date of the approval letter?

According to the UK government site, 'If there was a delay between your visa approval and your entry into the UK, the period between the visa issuance and your arrival can be counted towards your qualifying period, provided the delay does not exceed 90 days.'

Given this, would it be better to request a 6-month Certificate of Sponsorship (CoS), pay for 6 months of IHS for myself and my family, and opt for the fast-track ILR decision? Or, should I extend for a full year, pay the IHS for 12 months, and go through the standard ILR process?

Your qualifying period starts from date visa is valid from.

A CoS can be for any length.

Your choice whether to go for fast track or standard option based on your personal circumstances.

Thank you.

Just one more thing, If my visa sticker on my passport shows "Valid From: 8 September 2020," can I apply around 11 August 2025? (This is calculated by adding 5 years to 8 September 2020, then subtracting 28 days.)

xor83 wrote: ↑

Sat Nov 09, 2024 11:38 am

Thank you.

Just one more thing, If my visa sticker on my passport shows "Valid From: 8 September 2020," can I apply around 11 August 2025? (This is calculated by adding 5 years to 8 September 2020, then subtracting 28 days.)

Yes.