28 days before completing qualifying period

Hey Guys,

I have been trying really hard to find the right section because I know board leaders do not like clutter. But it is all most impossible to find the right question among this flood of enquiries. So I am going to try my luck. I have these two questions:

a) I entered the UK on 25th May 2011 as a student and stayed on Student visa until Feb 2013. Got married in September 2012 but we didn't file application until I finished my Degree and my visa was due to expire. So I got visa under FLR(M) on 30/03/2013 for 30 months. Then I got my 2nd 30 month extension on 28/09/2015 which expires on 02/03/2018.

In a nut shell:
1) Entered UK on student visa on 25/05/2011
2) First FLR(M) Visa extension was given on 30/03/2013
3) Second FLR(M) Visa expires on 02/02/2018 (Total: 4 years 11 months and 2 days)

So I have been given two 30 month's extensions spread over 4 years 11 months and 2 days. Now my question when will I be eligible to apply for ILR? Is it on 02/03/2018 afterwards or I can apply 28 days prior to my visa expiry i.e. 02/02/2018?? (I am very sorry if this is not clear enough but I have tried my best)

b) My second question is regarding my employment. I have been working with the same employer from last 3.5 years but just now before I am about to apply for ILR, I have got this great opportunity to apply for a job with better wages and a fantastic employer (I know right!!!). So my question is, by the time I will apply for this and get through the interviews, I will have only 3 months visa left. Will this effect my ILR application or they will see it an opportunity to upgrade.


Thank you very much for reading this and answering (Don't worry if you cannot)!!!!

1) Entered UK on student visa on 25/05/2011

This is irrelevant to your ILR qualifying question.

2) First FLR(M) Visa extension was given on 30/03/2013

What was the expiry date?

3) Second FLR(M) Visa expires on 02/02/2018 (Total: 4 years 11 months and 2 days)

What date did you apply for this extension and did you apply in person or by post?

So I have been given two 30 month's extensions spread over 4 years 11 months and 2 days. Now my question when will I be eligible to apply for ILR? Is it on 02/03/2018 afterwards or I can apply 28 days prior to my visa expiry i.e. 02/02/2018?? (I am very sorry if this is not clear enough but I have tried my best)

You can only apply within 28 days of reaching 30 months NOT the visa expiry date as that will be too early.

b) My second question is regarding my employment. I have been working with the same employer from last 3.5 years but just now before I am about to apply for ILR, I have got this great opportunity to apply for a job with better wages and a fantastic employer (I know right!!!). So my question is, by the time I will apply for this and get through the interviews, I will have only 3 months visa left. Will this effect my ILR application or they will see it an opportunity to upgrade.

Changing jobs should not affect ILR, you will simply need to provide more evidence of meeting the financial requirement.

1) Entered UK on student visa on 25/05/2011
This is irrelevant to your ILR qualifying question.


2) First FLR(M) Visa extension was given on 30/03/2013
What was the expiry date? Ans: 30/09/2015


3) Second FLR(M) Visa expires on 02/02/2018 (Total: 4 years 11 months and 2 days)
What date did you apply for this extension and did you apply in person or by post? Ans: I applied on 28/09/2015, applied in person and got approval same day.


So I have been given two 30 month's extensions spread over 4 years 11 months and 2 days. Now my question when will I be eligible to apply for ILR? Is it on 02/03/2018 afterwards or I can apply 28 days prior to my visa expiry i.e. 02/02/2018?? (I am very sorry if this is not clear enough but I have tried my best)
You can only apply within 28 days of reaching 30 months NOT the visa expiry date as that will be too early.
So I will have to overstay or apply for an extension because my visa expires 28 days prior to 5 year period??


b) My second question is regarding my employment. I have been working with the same employer from last 3.5 years but just now before I am about to apply for ILR, I have got this great opportunity to apply for a job with better wages and a fantastic employer (I know right!!!). So my question is, by the time I will apply for this and get through the interviews, I will have only 3 months visa left. Will this effect my ILR application or they will see it an opportunity to upgrade.
Changing jobs should not affect ILR, you will simply need to provide more evidence of meeting the financial requirement.

Thank you for your answers!!!

Same day application -if you apply on the last date of your visa, you should be fine.
Postal- apply on the last day or couple of days before and u should be fine.

iworker wrote: ↑

Tue Oct 03, 2017 2:50 pm

Same day application -if you apply on the last date of your visa, you should be fine.
Postal- apply on the last day or couple of days before and u should be fine.

Thank you mate for your help. It's bit of a mess up really, isn't it? I mean I will try to book a date but it's Friday on 02/03/2018. Let's see

the appointments are released 42 days before at midnight.
Even if you book on 42 days before your actual date first thign in the morning, you should be able to get the appointment.

Hey thank you for your help.

But can I ask one question to you guys, when I applied for my first FLR(M) extension. It was applied early March 2013 and I got the visa on 30/03/2013. Does the 5 year period starts when you apply or when you are granted a visa?

It counts from date the visa is granted.

CR001 wrote: ↑

Tue Oct 10, 2017 4:15 pm

It counts from date the visa is granted.

Thank you. So I have to apply on the very last date right?

amanchdhry1987 wrote: ↑

Thu Oct 12, 2017 9:15 am

CR001 wrote: ↑

Tue Oct 10, 2017 4:15 pm

It counts from date the visa is granted.

Thank you. So I have to apply on the very last date right?

For example if your initial visa was granted on 31 October 2015 on a 5 year qualifying period partner/spouse route to ILR.

you would be eligible to apply for ILR on, or After 4 October 2020 but within 28 days of completing the qualifying 5 year period which would be 31 October 2020.

The easiest way you could work it out, is also count 28 days backwards from your leave expiry date.

Hope this helps, To mods. If I' am incorrect please kindly correct me, thanks.

This another example. Scroll near the middle ignoring the rest. Click here

CMOSUK wrote: ↑

Thu Oct 12, 2017 11:04 am

amanchdhry1987 wrote: ↑

Thu Oct 12, 2017 9:15 am

CR001 wrote: ↑

Tue Oct 10, 2017 4:15 pm

It counts from date the visa is granted.

Thank you. So I have to apply on the very last date right?

For example if your initial visa was granted on 31 October 2015 on a 5 year qualifying period partner/spouse route to ILR.

you would be eligible to apply for ILR on, or After 4 October 2020 but within 28 days of completing the qualifying 5 year period which would be 31 October 2020.

The easiest way you could work it out, is also count 28 days backwards from your leave expiry date.

Hope this helps, To mods. If I' am incorrect please kindly correct me, thanks.

This another example. Scroll near the middle ignoring the rest. Click here

Hello

First of all thank you for taking time to answer my question very politely and very kindly.

5 years minus 28 days from the date the FIRST FLR(M) was granted = the day my current visa expires. 30/03/2013(first extension issued) - 02/03/2018 (second extension expiring)

So basically, the home office has given me 2nd extension short of 28 days from 30 months. And that leaves me to apply only on the last day which is a bit tricky. I am not eligible to apply before that and I cannot apply after my visa expires. I mean I am going to give my best shot to book an appointment on the last day but what If I cannot??

amanchdhry1987 wrote: ↑

Thu Oct 12, 2017 12:49 pm

CMOSUK wrote: ↑

Thu Oct 12, 2017 11:04 am

amanchdhry1987 wrote: ↑

Thu Oct 12, 2017 9:15 am

CR001 wrote: ↑

Tue Oct 10, 2017 4:15 pm

It counts from date the visa is granted.

Thank you. So I have to apply on the very last date right?

For example if your initial visa was granted on 31 October 2015 on a 5 year qualifying period partner/spouse route to ILR.

you would be eligible to apply for ILR on, or After 4 October 2020 but within 28 days of completing the qualifying 5 year period which would be 31 October 2020.

The easiest way you could work it out, is also count 28 days backwards from your leave expiry date.

Hope this helps, To mods. If I' am incorrect please kindly correct me, thanks.

This another example. Scroll near the middle ignoring the rest. Click here

Hello

First of all thank you for taking time to answer my question very politely and very kindly.

5 years minus 28 days from the date the FIRST FLR(M) was granted = the day my current visa expires. 30/03/2013(first extension issued) - 02/03/2018 (second extension expiring)

So basically, the home office has given me 2nd extension short of 28 days from 30 months. And that leaves me to apply only on the last day which is a bit tricky. I am not eligible to apply before that and I cannot apply after my visa expires. I mean I am going to give my best shot to book an appointment on the last day but what If I cannot??

That is a bit tricky, again when was ur second extension issued?


My thinking is, you may be able to accrue the time waiting for the second extension to be granted towards the total time needed for ILR.

But again it depends when u got that.

2nd extension was issued on 28/09/2015 on same day PEO appointment until 02/03/2018 i.e. 29 months & 2 days excluding the end date. so basically 28 days short of 30 months!

amanchdhry1987 wrote: ↑

Fri Oct 13, 2017 9:23 am

2nd extension was issued on 28/09/2015 on same day PEO appointment until 02/03/2018 i.e. 29 months & 2 days excluding the end date. so basically 28 days short of 30 months!

You should have raised the error at the time. Nothing much you can do about it now.

Apply on the last date of your visa and you should be fine.

CR001 wrote: ↑

Fri Oct 13, 2017 9:28 am

amanchdhry1987 wrote: ↑

Fri Oct 13, 2017 9:23 am

2nd extension was issued on 28/09/2015 on same day PEO appointment until 02/03/2018 i.e. 29 months & 2 days excluding the end date. so basically 28 days short of 30 months!

You should have raised the error at the time. Nothing much you can do about it now.

Apply on the last date of your visa and you should be fine.

I never looked at it until now when I am suppose to apply for ILR.

Yeah that's the plan, lets see. I would have applied in personal without hiring an immigration solicitor but I think with this slight confusion, it would be better to apply via a solicitor.