3 month Short fall for ILR for in country (UK) applicants

Hi,

I have applied for my Tier 1 in May 2008 ( within UK) . I was issued tier 1 General Visa until may 2011 and then extended it in March 2011.

Now I have a short fall of 53 days for my ILR which is in 2013.

I know its still a long time to apply for.


Can any one confirm if the 3 months short fall mentioned in the following link is applicable to In Country applicants? or is this only for applicants who applied from out of UK.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Thank you in advance for your suggestions and feedback

It's a late/delayed entry concession where the time spent outside the UK (to a max of three months) after the date of the visa issue but before initial entry, can be added to fill a shortfall in a five year period of leave. It can be applied to anyone who extended an initial grant from inside the UK to complete a period of exactly five years that began with an entry clearance in the same category. It can not be applied to those, such as you, that began their five year residence period by switching inside the UK from some other immigration category simply because there was no delayed entry from the time of the Tier 1 status being granted.

Contact UKBA by email and they should advise you what to do. They might tell you to resend your passport to correct this error.

it should have been issued for may to may. you need to contact them to sort it out for you. otherwise, you will have to file another extension to cover 53 days.

Unfortunately I disagree and suggest that by extending in March rather than May you appear to have applied too soon and have inadvertantly created a gap. The guidance gives a clear warning about this scenario. When you extend, exactly two years leave is granted from the date they make the decision, and any unspent time from the previous leave is not aggregated into the new leave to make this more than two years. You may have to extend again to bridge that gap. Good luck!

45. We encourage applications to be made at least a month before the applicant’s extant (still existing) leave expires. Applicants should note however that if the application is made signiï¬

Thank you very much for all your replies.

I will contact UKBA and try to find out if they will amend the shortfall in the Visa for my extension and update the post.

Regards