Apporixmately 3 months short for ILR

[kunalm_05]

Hello,

Apologies if I am creating a similar post with regards to shortfall of days for ILR application but I would really appreciate some advice as this is confusing me. I am currently on a Tier 2 General Visa and hoping to apply for an ILR. Here are my details.

Valid from date on the initial Tier 2 Visa (stamped on passport) : 13th May 2017
Date I travelled to the UK : 26th May 2017
Date of Issue on the First Residence Permit : 16th May 2017
Date of Expiry on the First Residence Permit : 14th February 2020

Recently applied for a Tier 2 Extension for another 3 years, instead got an extension for only 2 years. I also got a refund for IHS for 1 year.

Date of Issue of the Second Residence Permit : 17th February 2020
Date of Expiry on the Second Residence Permit : 14th February 2022

I am now falling short by approximately 3 months when I complete exact 5 years in the UK which is 17th May 2022.

I have the following questions:

1. Can I apply for ILR based on the above information? I intend to stay with same employer, have the required salary and have not travelled for more than 180 days.

2. When can I make the application for ILR? If not ILR, can I apply for another extension?

3. Can I get just 1 year extension on Tier 2?

4. I have read previously on this forum that you can apply for an extension and then vary it to ILR, how does this work? I would appreciate if some details on it.

Thanks in advance.

Kind regards,
Kunal

[marcnath]

Hello,

Apologies if I am creating a similar post with regards to shortfall of days for ILR application but I would really appreciate some advice as this is confusing me. I am currently on a Tier 2 General Visa and hoping to apply for an ILR. Here are my details.

Valid from date on the initial Tier 2 Visa (stamped on passport) : 13th May 2017
Date I travelled to the UK : 26th May 2017
Date of Issue on the First Residence Permit : 16th May 2017
Date of Expiry on the First Residence Permit : 14th February 2020

Recently applied for a Tier 2 Extension for another 3 years, instead got an extension for only 2 years. I also got a refund for IHS for 1 year.

Date of Issue of the Second Residence Permit : 17th February 2020
Date of Expiry on the Second Residence Permit : 14th February 2022

I am now falling short by approximately 3 months when I complete exact 5 years in the UK which is 17th May 2022.

I have the following questions:

1. Can I apply for ILR based on the above information? I intend to stay with same employer, have the required salary and have not travelled for more than 180 days.

2. When can I make the application for ILR? If not ILR, can I apply for another extension?

3. Can I get just 1 year extension on Tier 2?

4. I have read previously on this forum that you can apply for an extension and then vary it to ILR, how does this work? I would appreciate if some details on it.

Thanks in advance.

Kind regards,
Kunal

2. You can only apply for ILR on 15th April 2022. Yes, you can apply for another extension
3. Not sure
4. You apply for extension before your visa expires in Feb 2022. And, if and only if, the extension is not granted before 15th April, you submit your ILR application and mention in the cover letter that you are varying your extension application to an ILR application.

[kunalm_05]

Many thanks for your response marcnath.

2. You can only apply for ILR on 15th April 2022. Yes, you can apply for another extension - I don't think I can apply on the 15th April 2022. My current visa is expiring on the 14th Feb 2022. So I will have to make an application for extension or ILR before that anyway.

3. Not sure - Okay.

4. You apply for extension before your visa expires in Feb 2022. And, if and only if, the extension is not granted before 15th April, you submit your ILR application and mention in the cover letter that you are varying your extension application to an ILR application. - How do I make sure my extension is not granted before 15th April? I was thinking of submitting my ILR application on the 13th Feb 2022. And then postponing my Biometric until 15th April. Would that work? In this case, I can get away with applying for ILR instead of extension. Is this right?

[Djsuccess]

Hello,

Apologies if I am creating a similar post with regards to shortfall of days for ILR application but I would really appreciate some advice as this is confusing me. I am currently on a Tier 2 General Visa and hoping to apply for an ILR. Here are my details.

Valid from date on the initial Tier 2 Visa (stamped on passport) : 13th May 2017
Date I travelled to the UK : 26th May 2017
Date of Issue on the First Residence Permit : 16th May 2017
Date of Expiry on the First Residence Permit : 14th February 2020

Recently applied for a Tier 2 Extension for another 3 years, instead got an extension for only 2 years. I also got a refund for IHS for 1 year.

Date of Issue of the Second Residence Permit : 17th February 2020
Date of Expiry on the Second Residence Permit : 14th February 2022

I am now falling short by approximately 3 months when I complete exact 5 years in the UK which is 17th May 2022.

I have the following questions:

1. Can I apply for ILR based on the above information? I intend to stay with same employer, have the required salary and have not travelled for more than 180 days.

2. When can I make the application for ILR? If not ILR, can I apply for another extension?

3. Can I get just 1 year extension on Tier 2?

4. I have read previously on this forum that you can apply for an extension and then vary it to ILR, how does this work? I would appreciate if some details on it.

Thanks in advance.

Kind regards,
Kunal

Your extension was probably granted based on what was written in your certificate of sponsorship. You can stay on Tier 2 visa for a maximum of 6 years. To answer your questions directly
1. Yes, you can apply for ILR once you have met all the requirements including 5 years onTier 2
2. Yes you can apply for ILR 28 days before you clock 5 years on Tier 2 visa
3. Yes, you will need to apply for 1 year extension. Pay the same full application fee and 1 year IHS
4. You will need to apply for an extension by 14th feb 2022 using standard application. If your application has not been decided by April when you will be 28 days to clocking 5 years, you can then submit an application to vary your application from Tier 2 to ILR.

[kunalm_05]

Thanks a lot for the response Djsuccess, makes things more clear now.