11 days short of for completing 5 yrs- ILR

Hello All,

I'm on T2 -ICT and my case is as follows.

Initial Entry Clearance (WP)- 22-Nov-2006

Initial Entry to UK -15-DEC-2006
WP Extension 1 -25/05/2008 - 25/05/2009

T2 ICT extension-2 -25/05-2009 till 04/12/2011

Based on the above i have 11 days (15/12/2006 to 04/12/2011)short of completing 5yrs in this country.

My query is can i apply ILR with the 28 descretion rule or need to go for extension to cover the 11 days and then apply ILR?

Please can you advice on the above.

Thanks
Sarath

You can apply from 18 November when considering the 28 day concession. So you do qualify. You also have the added surety that you may apply from 26 October if you take the delayed entry concession in conjunction with the 28 day concession.

Lucapooka wrote:You can apply from 18 November when considering the 28 day concession. So you do qualify. You also have the added surety that you may apply from 26 October if you take the delayed entry concession in conjunction with the 28 day concession.

Thanks for the reply Lucapooka.I couldn't understand how can i apply from 26 October?

Please can you explain?

Because when people have continuous leave that falls short of five years due to late arrival, they are permitted to include the period from the time the visa was issued to the end of the five year period. (if the delay was less than 3 months).

http://www.immigrationboards.com/viewto ... 259#536259

Lucapooka wrote:Because when people have continuous leave that falls short of five years due to late arrival, they are permitted to include the period from the time the visa was issued to the end of the five year period into the sum.

Where does it state that? i know there is an option for 90 day descretion by caseworkers but it doesnt mean people can apply 118 days in advance.

As far as i know the 90 days is only applicable if applicant falls short of completing 5 years stay without needing an additional visa. if OP has visa which takes him/her to within 28 days then there is no such situation of applying even earlier!

Originally I too questioned the possibility of combining the two concessions (and thus being eligible for ILR 3 months and 28 days before the end of the residence period) but there are lots of instances on this board where people have done just that. Search these out, I don`t feel inclined to do this myself.