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Falling short of 5 years by 7 days

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Vv19892019
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Joined: Thu Nov 28, 2019 5:43 pm

Falling short of 5 years by 7 days

Post by Vv19892019 » Mon Jan 25, 2021 8:55 pm

Hi All,

Hope you are all staying safe and healthy.

I'm currently on Tier 2 general dependant visa which I've got with in country and BRP start date is 22nd March, 2016 with a valid date until 15th March, 2021. This end date was given inline with my main applicant's t2 visa end date. She got it as a out of country application and since we travelled here with her visa vignette and collected her BRP and after that I've applied for switch.

She is applying for Ilr next week considering 28 days before 5 years.

Since my visa start date is 22nd March 2016, I'm applying separately.

I've just realised, looking at the visa dates I was given my visa only for 4 years 11 months 3 weeks,
1 week short of 5 years. Can I still apply for my Ilr with in 28 days before 15th March 2021 considering my stay will end before I finish 5 years period? Or do I need to extend my leave on t2 general dependent or Ilr dependant before applying for Ilr for myself?

TaherLy
Junior Member
Posts: 58
Joined: Thu May 28, 2020 7:51 pm

Re: Falling short of 5 years by 7 days

Post by TaherLy » Mon Jan 25, 2021 9:12 pm

If I were you I would apply 3 weeks minus your visa expiry date . Play it safe and avoid confusion of caseworker which can delay the outcome of your application. It’s a personal opinion and not an advice

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CULLINAN
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Posts: 11124
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Falling short of 5 years by 7 days

Post by CULLINAN » Mon Jan 25, 2021 9:28 pm

Vv19892019 wrote:
Mon Jan 25, 2021 8:55 pm
Hi All,

Hope you are all staying safe and healthy.

I'm currently on Tier 2 general dependant visa which I've got with in country and BRP start date is 22nd March, 2016 with a valid date until 15th March, 2021. This end date was given inline with my main applicant's t2 visa end date. She got it as a out of country application and since we travelled here with her visa vignette and collected her BRP and after that I've applied for switch.

She is applying for Ilr next week considering 28 days before 5 years.

Since my visa start date is 22nd March 2016, I'm applying separately.

I've just realised, looking at the visa dates I was given my visa only for 4 years 11 months 3 weeks,
1 week short of 5 years. Can I still apply for my Ilr with in 28 days before 15th March 2021 considering my stay will end before I finish 5 years period? Or do I need to extend my leave on t2 general dependent or Ilr dependant before applying for Ilr for myself?
You can apply from 22nd March 2021 minus 28 days. The expiry is irrelevant as long you apply before 15th March at the latest. You will be covered by Section 3C.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

Vv19892019
Newly Registered
Posts: 11
Joined: Thu Nov 28, 2019 5:43 pm

Re: Falling short of 5 years by 7 days

Post by Vv19892019 » Mon Jan 25, 2021 10:58 pm

CULLINAN wrote:
Mon Jan 25, 2021 9:28 pm
Vv19892019 wrote:
Mon Jan 25, 2021 8:55 pm
Hi All,

Hope you are all staying safe and healthy.

I'm currently on Tier 2 general dependant visa which I've got with in country and BRP start date is 22nd March, 2016 with a valid date until 15th March, 2021. This end date was given inline with my main applicant's t2 visa end date. She got it as a out of country application and since we travelled here with her visa vignette and collected her BRP and after that I've applied for switch.

She is applying for Ilr next week considering 28 days before 5 years.

Since my visa start date is 22nd March 2016, I'm applying separately.

I've just realised, looking at the visa dates I was given my visa only for 4 years 11 months 3 weeks,
1 week short of 5 years. Can I still apply for my Ilr with in 28 days before 15th March 2021 considering my stay will end before I finish 5 years period? Or do I need to extend my leave on t2 general dependent or Ilr dependant before applying for Ilr for myself?
You can apply from 22nd March 2021 minus 28 days. The expiry is irrelevant as long you apply before 15th March at the latest. You will be covered by Section 3C.

Thanks Cullinan, but is Section 3C for the cases of when the extension of leave is waiting for decision? In my case, even after end of T2 Dependant leave end date (15/03/2020) I will not have lived in country for 5 years in that category.. On what basis will caseworker calculate 5 years eligible period for ILR?

camil
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Posts: 21
Joined: Thu May 25, 2017 3:02 pm

Re: Falling short of 5 years by 7 days

Post by camil » Mon Jan 25, 2021 11:07 pm

Vv19892019 wrote:
Mon Jan 25, 2021 10:58 pm
CULLINAN wrote:
Mon Jan 25, 2021 9:28 pm
Vv19892019 wrote:
Mon Jan 25, 2021 8:55 pm
Hi All,

Hope you are all staying safe and healthy.

I'm currently on Tier 2 general dependant visa which I've got with in country and BRP start date is 22nd March, 2016 with a valid date until 15th March, 2021. This end date was given inline with my main applicant's t2 visa end date. She got it as a out of country application and since we travelled here with her visa vignette and collected her BRP and after that I've applied for switch.

She is applying for Ilr next week considering 28 days before 5 years.

Since my visa start date is 22nd March 2016, I'm applying separately.

I've just realised, looking at the visa dates I was given my visa only for 4 years 11 months 3 weeks,
1 week short of 5 years. Can I still apply for my Ilr with in 28 days before 15th March 2021 considering my stay will end before I finish 5 years period? Or do I need to extend my leave on t2 general dependent or Ilr dependant before applying for Ilr for myself?
You can apply from 22nd March 2021 minus 28 days. The expiry is irrelevant as long you apply before 15th March at the latest. You will be covered by Section 3C.

Thanks Cullinan, but is Section 3C for the cases of when the extension of leave is waiting for decision? In my case, even after end of T2 Dependant leave end date (15/03/2020) I will not have lived in country for 5 years in that category.. On what basis will caseworker calculate 5 years eligible period for ILR?
"they can count those days (brp minus 28days) as an absence". this is what I have been told by an immigration consultant, appointed by my employer. she also asked the initial visa approval letter before confirming this. i don't know the details.

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CULLINAN
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Posts: 11124
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Falling short of 5 years by 7 days

Post by CULLINAN » Mon Jan 25, 2021 11:13 pm

Vv19892019 wrote:
Mon Jan 25, 2021 10:58 pm
Thanks Cullinan, but is Section 3C for the cases of when the extension of leave is waiting for decision? In my case, even after end of T2 Dependant leave end date (15/03/2020) I will not have lived in country for 5 years in that category.. On what basis will caseworker calculate 5 years eligible period for ILR?
Does not matter. You will be covered by Section 3C as long you make an in time application. You can make an application within 28 days concession period or before your visa expiry. Your BRP expiry is irrelevant. You are eligible from 22 Feb.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

Vv19892019
Newly Registered
Posts: 11
Joined: Thu Nov 28, 2019 5:43 pm

Re: Falling short of 5 years by 7 days

Post by Vv19892019 » Tue Jan 26, 2021 8:07 am

CULLINAN wrote:
Mon Jan 25, 2021 11:13 pm
Vv19892019 wrote:
Mon Jan 25, 2021 10:58 pm
Thanks Cullinan, but is Section 3C for the cases of when the extension of leave is waiting for decision? In my case, even after end of T2 Dependant leave end date (15/03/2020) I will not have lived in country for 5 years in that category.. On what basis will caseworker calculate 5 years eligible period for ILR?
Does not matter. You will be covered by Section 3C as long you make an in time application. You can make an application within 28 days concession period or before your visa expiry. Your BRP expiry is irrelevant. You are eligible from 22 Feb.
Thanks for your detailed response, just to be sure can I ay for the application now and book biometrics just after 22nd Feb?

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Falling short of 5 years by 7 days

Post by CULLINAN » Tue Jan 26, 2021 11:11 am

Date of application is the date you pay and submit online. You should only pay and submit from 22nd Feb.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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