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18 days short of ILR(less 2 days)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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AnnaNag
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Posts: 38
Joined: Sun Mar 04, 2018 6:30 pm
India

18 days short of ILR(less 2 days)

Post by AnnaNag » Fri Nov 05, 2021 11:11 am

Hi
I am writing to request some guidance regarding 18 days taking into account 28 days (no of days before 5 years we can apply for visa)

The date I entered UK - 17/02/2017

Initial visa
BRP(Place & Date of Issue):- UK 10/01/2017
BRP (Valid Until) :- 09/11/2018

Current Visa
BRP(Place & Date of Issue):- UK 26/11/2018
BRP(Valid Until) :- 26/11/2021

Date I will be eligible based on BRP expiry :- 10/01/2022
28 days prior :- 19/12/2021
No of days short :- 18 days

Should I go for Tier 2 extension and switch if the decision is not made by(19/12/2021)?
If so should I send the relevant documents for both Tier 2 extension and also for ILR?
(or)
Should I apply for ILR and then while booking the appointment to submit the digital scans , get an appointment after 19/12/2021 so that I will become eligible .
(or)
Is there any other means to not apply for Tier 2 extension and switch later


Thanks and Regards
Annanag

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zimba
Moderator
Posts: 23362
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: 18 days short of ILR(less 2 days)

Post by zimba » Fri Nov 05, 2021 4:02 pm

You should apply online for ILR before visa expiry and then book an appointment after 19/12/2021 so that you will become eligible. NO need for any other steps to take
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

AnnaNag
Newbie
Posts: 38
Joined: Sun Mar 04, 2018 6:30 pm
India

Re: 18 days short of ILR(less 2 days)

Post by AnnaNag » Wed Nov 10, 2021 10:19 am

Thanks for your reply
In the When to apply section

I can see that
"
The earliest you can apply is 28 days before you’ve been in the UK for 5 years on a qualifying visa. Check which visas count towards your time in the UK. Your application may be refused if you apply earlier.

Do not wait until your current visa expires. If your visa expires before you can apply for indefinite leave to remain, you’ll need to renew it first."

These wordings seems quite confusing ,Can I count the dates from the day I have got the visa (10/01/2017)) or the day I moved to UK(17/02/2017 ) . I was under the opinion that I can count from the day I got the visa ("0/01/2017) and can specify the days before I entered the UK ,as was outside UK ,that get count towards number of days I can be outside UK in any consecutive 12 month period .

User avatar
zimba
Moderator
Posts: 23362
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: 18 days short of ILR(less 2 days)

Post by zimba » Wed Nov 10, 2021 10:56 am

AnnaNag wrote:
Wed Nov 10, 2021 10:19 am
Thanks for your reply
In the When to apply section

I can see that
"
The earliest you can apply is 28 days before you’ve been in the UK for 5 years on a qualifying visa. Check which visas count towards your time in the UK. Your application may be refused if you apply earlier.

Do not wait until your current visa expires. If your visa expires before you can apply for indefinite leave to remain, you’ll need to renew it first."

These wordings seems quite confusing ,Can I count the dates from the day I have got the visa (10/01/2017)) or the day I moved to UK(17/02/2017 ) . I was under the opinion that I can count from the day I got the visa ("0/01/2017) and can specify the days before I entered the UK ,as was outside UK ,that get count towards number of days I can be outside UK in any consecutive 12 month period .
The generic advice given is often inaccurate. The immigration rules are clear that your qualifying period for Tier 2 visa holders starts from first visa issue date

https://www.gov.uk/government/publicati ... riod-in-uk
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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